Адвокат при Звинуваченні у Непокорі військовому командуванню 402 ККУ

Legal assistance on the issue of: Disobedience and failure to comply with an order

In the military, disobedience and disobedience may also be referred to as "disciplinary infractions," "military resistance," or "violation of orders." These terms reflect different aspects of the problem facing military organizations. In the context of modern wars, these concepts become even more relevant, as they pose a serious challenge to ensuring the effectiveness of operations and the safety of military personnel. Refusal to obey and disobey the orders of IOU 402, Article 64 not only violate military discipline, but can also have serious legal consequences, including interference with military disciplinary order and criminal liability.

In our discussion, we will consider the legal aspects of this problem, try to find out the causes and consequences of disobedience and non-compliance with orders in military affairs, and discuss possible ways of solving these complex issues in the context of Ukrainian military legislation. This can be caused by psychological components. In the context of military discipline, malicious insubordination can be a serious offense because it undermines the command structure and can affect mission effectiveness and security. Military organizations therefore take such cases very seriously, taking appropriate action, including disciplinary action and prosecution where appropriate.

Malicious disobedience is a form of behavior when a person deliberately and persistently refuses to follow orders established by law or an authority figure. This is expressed in active deviation from the execution of assignments or refusal to obey the established rules and requirements. Malicious disobedience can have various causes, such as disapproval of an order, disagreement with the policies or methods of the government, personal conflicts, or loss of trust in the one issuing the orders. It can arise from a number of factors, including the rejection of authority, the desire to express one's independence, or even the struggle for one's own rights and justice. The overall objective of managing insubordination is to restore discipline and healthy functioning in the military environment while maintaining a high level of effectiveness and military readiness.

Article 402 of the Criminal Code refers to the category of crimes against military service, discipline and the procedure for its completion. Article 402 refers to willful failure to comply with a lawful order or decision of a commander of a unit, ship, unit commander, or head of an institution.

Deliberate failure to comply with a legal order or decision of a commander of a unit, ship, commander of a unit or head of an institution without grounds or with insufficient grounds, if this act is committed in relation to an order that relates to the official duties of a subordinate, - is punishable by a fine of up to two hundred and fifty tax-free minimum incomes citizens or by restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.

Disobedience of the CCU, committed by a person who has a military rank or a military rank and a special rank, or a military rank and a special rank and assigned the military rank of lieutenant colonel or an equivalent military rank, is punishable by restriction of liberty for a term of up to two years or deprivation of liberty for the same term.

Legal stages in the context of malicious disobedience:

The first stage is documenting the fact of malicious disobedience. This includes the preparation of reports, records of violations, calls and other written materials that record the situation in accordance with Part 4 of Article 402 of the Criminal Code of Ukraine. After the event is documented, an investigation is conducted to establish the circumstances, causes and participants of the malicious insubordination. An investigation may include interviewing witnesses, gathering evidence, analyzing records, and other investigative activities.

After the investigation is completed, it is decided whether the act corresponds to the concept of malicious disobedience, which may fall under the legal qualification.

If malicious insubordination arises as part of a civil or administrative dispute, the parties may attempt to resolve the dispute out of court through negotiation, mediation, or alternative dispute resolution methods.

If the parties are unable to reach an agreement, the case may be resolved through litigation. The court decides the legal qualification of malicious disobedience and determines the rights and obligations of the parties.

If the court makes a decision in the form of a verdict or decision, the parties are obliged to comply with it in accordance with Article 402 h 4 of the law. The execution of the court decision may include the payment of a fine, compensation for damages or the fulfillment of other requirements. In case of disagreement with the court's decision, the parties may file appeals or cassation appeals to higher courts for review of the case.

When can the service be provided?

If the documents and testimony confirm the fact of disobedience or failure to comply with the order, then military law enforcement agencies can take measures in accordance with military legislation. This may include administrative penalties, disciplinary action or even criminal prosecution for serious violations.