THE PROBLEM OF THE CRIMINAL-LEGAL CHARACTERISTICS OF DISOBEDIENCE

Abstract

The article examines the criminal law characteristics of insubordination as one of the most socially dangerous military criminal offenses under Article 402 of the Criminal Code of Ukraine. Particular attention is paid to the impact of the legal regime of martial law on the classification of this crime, since in conditions of active combat operations, failure to comply with an order may pose a direct threat to the state's defense capability and the lives of military personnel. The paper reveals the objective and subjective signs of the crime, analyzes the problems of distinguishing disobedience from disciplinary offenses, as well as the relationship between criminal and disciplinary liability for failure to comply with orders. An important place is given to the analysis of judicial practice, in particular the position of the Supreme Court, which emphasizes the social danger of insubordination during martial law. The article is based on statistical data showing a sharp increase in the number of proceedings under Article 402 of the Criminal Code of Ukraine in 2022–2024, which is due to the scale of the war and the difficulties in maintaining military discipline. It is separately noted that the crime provided for in Article 402 is formal, i.e., it should be considered complete from the moment the act is committed. Separate attention is focused on draft law No. 13452, which proposes to strengthen sanctions for disobedience, which at the same time raises the risks of excessive criminalization. The article formulates proposals for improving law enforcement and individualising responsibility, which will ensure a balance between the severity of military discipline.