Criminal responsibility for disobedience and non-compliance with the order: historical and legal aspect

The article analyzes the historical development of criminal liability for disobedience and non­fulfillment of an order based on the study of normative legal acts that have been in force on the territory of Ukraine since the 9th century until the state of the current legislation and its prospects. The research takes into account the legislation that was in force on Ukrainian lands, as well as the legislation of countries that subsequently influenced its formation. For a more detailed and complete analysis of the legislation, taking into account its changes and development, a historical periodization into seven periods was proposed, which includes both historical events (periods) and the adoption of separate legal acts that in one way or another influenced the development of military criminal legislation. As a result of the conducted research, the peculiarities of each historical period of the development of military-criminal legislation have been singled out. On the basis of the obtained results, we have found out that in the Old Russian monuments of legislation, for the first time, an attempt was made to systematize certain rules of behavior, and although disobedience or non­fulfillment of an order were not included in them during this period, such systematization had an impact on the further development of legislation as a whole. A successful attempt to define certain rules of conduct and responsibility for their violation, especially in the military sphere, is the adoption of the Statutes of the Grand Duchy of Lithuania, which in Chapter II “On Zemstvos” for the first time provided for criminal liability for violations of the order of subordination and military honor. The edition of these Statutes existed in Right­Bank and Left-Bank Ukraine until 1840, 1842. We can trace the active implementation of norms on violation of the order of subordination precisely during the period of the Ukrainian Cossack state of Zaporizhzhya Sich, which was initially governed by military customary law. In the future, this was developed in written documents and station wagons of the Hetmans. From the article, it can be seen that the Soviet period influenced the development of Ukrainian legislation after independence, but despite this, it was constantly improved, although at this stage, in the conditions of martial law, it underwent rapid, but not always effective, changes.