Military disobedience is a crime even in the absence of serious consequences — the Supreme Court


Supreme Court notes, that disobedience of a serviceman is a crime with a formal structure, therefore criminal responsibility for it does not depend on the occurrence of socially dangerous consequences.

The corresponding conclusion was made in case a senior contract soldier sentenced to 5 years in prison for refusing to obey the verbal order of the deputy brigade commander.

The defense side claimed that there were no specific serious consequences of the disobedience committed by the serviceman, therefore there is no reason to believe that his actions caused damage to social relations.

The Criminal Court of Cassation as part of the Supreme Court, having considered the case, concluded that disobedience, criminal responsibility for which is provided for in Art. 402 of the Criminal Code of Ukraine, violates the order of command of the troops laid down in the military statutes, which is established with the aim of ensuring their constant combat readiness, prevents the normal performance of the tasks assigned to them by military units and units.

According to the judge's conclusion, this act causes significant damage to social relations in the sphere of the established order of military service, which is protected by criminal law, and is capable of creating a real threat of causing such damage, which determines its social danger.

Thus, disobedience committed by a convict under martial law, even in the absence of specific grave consequences, is an act characterized by all the elements of the crime provided for in Part 4 of Art. 402 of the Criminal Code of Ukraine, and undoubtedly constitutes a public danger inherent in the crime, the Supreme Court emphasizes.

In view of this, the CCS of the Supreme Court upheld the verdict of the appellate court.

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