LIMITATION OF DISOBEDIENCE FROM FAILURE TO COMPLY WITH AN ORDER

Abstract

Chapter XIX of the Special Part of the current Criminal Code of Ukraine contains Article 402, which provides for criminal liability for “Disobedience and Article 403, which provides for liability for “Failure to obey an order” [1, 235]. The need to distinguish between this corpus delicti of criminal offenses arises due to the presence of common features in them. The author investigates the question of how this corpus delicti of criminal offenses related to each other and what common features they have. The author analyzes the main essential features of criminal offenses which can be used to distinguish “Disobedience” under Article 402 of the Criminal Code of Ukraine from “Failure to obey an order” under Article 403 of the Criminal Code. It is stated that the criterion for distinguishing between related criminal offenses is not the corpus delicti of a criminal offense, but rather the signs of a criminal offense. It is substantiated that one of the conditions for proper criminal law qualification is the simultaneous implementation of the processes of delimitation of criminal offenses with common elements. The article examines the scientific approaches to understanding the adjacency of criminal offenses through “disobedience” and “failure to obey an order”, and also considers the signs by which disobedience is distinguished from failure to obey an order. It is indicated that the need to make such a distinction is due to the fact that quite often the analyzed criminal offense can be committed under the same conditions and by the same subjects. It is substantiated that the main criteria for distinguishing disobedience from disobedience to order are the objective and subjective aspects of the criminal offenses under study. The distinction is made on the basis of a comparison of the features of the criminal offenses under study which differ from each other and which are specified in the dispositions of the compared provisions. It is substantiated that the main criteria for distinguishing disobedience from disobedience to order are the objective and subjective aspects of the corpus delicti of the criminal offenses under study.