Forensic characteristics of disobedience and failure to comply with an order

The scientific article is devoted to highlighting the issue of forensic characteristics of disobedience and failure to comply with an order, in particular its quantitative, qualitative composition and interrelation of elements. The importance of studying the forensic characteristics of disobedience and failure to comply with an order as one of the elements of the investigation methodology is emphasized, since it contains important elements for putting forward versions and choosing the most optimal methods of investigating this type of criminal offense. The position is proposed that the main elements of the forensic characteristics of disobedience and failure to comply with an order, which will include information about: the method of the criminal offense; the circumstances; the identity of the criminal; the consequences. It is assumed that the circumstances of disobedience and failure to comply with an order include the time, place and other circumstances of the criminal offense, as well as the causes and conditions of the commission of the criminal offense and the consequences. The place of commission of disobedience and failure to comply with an order will be the area of the territory where the order was issued, as well as the place where the serviceman refused to comply with it, and the time of disobedience and failure to comply with an order can be considered the time during the delivery of the order, as well as the time when it should have been executed and serious consequences occurred (in the case of disobedience). The perpetrator of the types of criminal offenses under investigation will be a serviceman and persons equated to him who, by their official position, subordination (position, rank) is subordinate to the commander who gave the order. It has been established that the order must comply with the norms of current legislation and the provisions of military statutes. According to Part 2 of Article 41 of the Criminal Code of Ukraine, an order or instruction is considered lawful provided that it is given by an authorized person in accordance with the established procedure, within the limits of his competence, and that it does not contradict the current legislation and does not violate the constitutional rights and freedoms of man and citizen. Correlations have been established between the elements of the forensic characteristics of the type of criminal offense under study: situation – the person of the criminal – the method of commission.