DISOBEDIENCE AND FAILURE TO COMPLY WITH THE ORDER: DIFFERENTIATION WITH CIRCUMSTANCES THAT EXCLUDE THE CRIME OF THE ACT
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2017, Vol 4, Issue
Abstract
The article deals with the qualification of crimes against the established order of military service under art. 402 “Disobedience” and art. 403 “Failure to comply with the order” of the Criminal Code of Ukraine and the delimitation of the circumstances precluding criminality, namely: Emergency and execution of the order or orders. The author examines the problem of criminal charges of crimes against the established order of military service provided for in art. 402 “Disobedience” and art. 403 “Failure to comply with the order” of the Criminal Code of Ukraine and the delimitation of the circumstances precluding criminality in practice. The practical significance of the results is the recommendations and proposals on the perfection of the current criminal law, strengthening the mechanism of its effectiveness, appropriate use of it in practice, and further development of the theoretical basis for solving this problem. Recommendations for results are as follows: for proper separation and legal qualification of these crimes, one should reliably and accurately determine whether the soldier was one against the other in a relationship of subordination to military service; an attitude, which has matured to the consequences and the period had been committed criminal offenses and whether there are circumstances precluding criminality stipulated in art. 39 and art. 41 of the Criminal Code of Ukraine. By its legal nature execute a lawful order – a person performs their legal duties. Failure to fulfil this order, its failure or improper performance of an offense, including an offense (for example, a military criminal liability for insubordination (art. 402 of the Criminal Code of Ukraine), and failure to order (art. 403 of the Criminal Code of Ukraine)). As for punishment, then based on the principles of justice and humanity of each court determines the measure of punishment for a crime that matches the seriousness of the committed criminal offense (crime), which is necessary and sufficient for its amendment, the subject of preventing the commission of new crimes and complies with the law of criminal liability.
Authors and Affiliations
A. A. Konova, O. V. Kosyak
Keywords
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