On the issue of improving the disposition of Article 402 of the Criminal Code of Ukraine (Disobedience)

• Main Author: Юрій Вадимович Шапошніков
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2020-06-01
• Series: Теорія і практика правознавства
• Subjects: disobedience; military man; commander; military organization; order
• Online Access: http://tlaw.nlu.edu.ua/article/view/206390

The article analyzes some signs of the objective side of disobedience, namely the method of committing a crime, its consequences, as well as qualifying and especially qualifying signs. It is proved that the principle of unity of command of commanders permeates all spheres of military activity, allows the military organization of the state to ensure the defense capability of Ukraine. Disobedience is the crime that destroys military-service relations between the commander (chief) and subordinate, directly affects the combat effectiveness of a military unit and, therefore, has an increased degree of public danger. In the scientific literature there are views proving the increased public danger of an open refusal to comply with the order of the commander (chief), motivating this thesis that a soldier shows a greater degree of determination to violate his duties, a greater willpower, which has already passed a period of hesitation. According to the author, an open and public refusal to comply with the order of the chief is more socially dangerous than cases of other intentional failure to comply with the order. Disobedience not only threatens the combat effectiveness of a military unit, but also significantly affects the state of military law and order and discipline. We believe that the court in all cases of criminal proceedings on the fact of disobedience or other intentional non-execution of the order, pointing out the grave consequences, should reason its point of view. It is concluded that the disposition of Article 402 of the Criminal Code of Ukraine requires some improvements that are relevant to modern times. These improvements will help strengthen military discipline and the rule of law. Submitted suggestions by «delega ferende» that will correct significant legislative errors