The article examines important issues related to the investigation of military criminal offenses, such as disobedience and failure to obey orders, which are quite common in the military sphere. The main legal, organizational and forensic aspects of the investigation of these military criminal offenses are identified.

The elements of crimes provided for in Art. Art. 402, 403 of the Criminal Code of Ukraine are considered, they have much in common and where they differ. The main criteria for their differentiation regarding the form of guilt, the moment of the end of the crime, the type and maximum punishment are determined. Special attention is paid to the analysis of the motives for committing disobedience and failure to comply with the order, collecting evidence, tactical methods of conducting interrogations, inspecting the scene of events, conducting examinations. During the investigation of failure to comply with the order, the following examinations are conducted: forensic medical, forensic psychiatric, forensic technical, forensic handwriting, military tactical.

The reasons that motivate the commission of such military criminal offenses as disobedience and failure to comply with an order are outlined. The primary investigative (search) actions include questioning the commander, suspect and witnesses, inspecting the scene of the incident or objects. In the course of further investigation, witness interrogations continue, and necessary examinations are prescribed. The importance of establishing the following issues is noted: in what conditions the serviceman was brought up before the start of military service, what is his attitude towards military service, and whether there were any cases of violation of military discipline. The peculiarities of the investigation of non-compliance with a combat order are established, what investigative (search) actions and examinations are carried out.

Practical recommendations are given regarding the effectiveness of the investigation, what punishments are most often imposed by the court, and measures are proposed to prevent the commission of such military criminal offenses.

Key words: disobedience, failure to comply with an order, military crimes, investigation, criminal process, criminalistics.

References

1. Ukraine (1996), Constitution of Ukraine : Law of Ukraine dated 28 June 1996 No. 254k/96-VR, updated 1 January 2020, available at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96- %D0%B2%D1%80#Text (accessed 17 February 2026).
2. Davlatov, Sh. B., & Solodkyi, D. O. (2023), “Limitation of disobedience from failure to comply with an order”, Kyiv Law Journal, No. 1, pp. 266–269. DOI: https://doi.org/10.32782/klj/2023.1.40 (accessed 17 February 2026).
3. Ukraine (2001), Criminal Code of Ukraine : Law of Ukraine dated 5April 2001 No 2341-III, updated 26 December 2024, available at: https://zakon.rada.gov.ua/laws/show/2341-14#Text (accessed 17 February 2026).
4. Synelnykove City District Court of Dnipropetrovsk Region (2026), Judgment in case No. 191/1647/25 dated 20 January 2026, available at: https://surl.li/rezfpg (accessed 17 February 2026).
5. Amur-Nyzhnodniprovskyi District Court of Dnipro City (2026), Judgment in case No. 199/7295/25 dated 12 January 2026, available at: https://surl.li/mctjgi, (accessed 17 February 2026).
6. Sokil District Court of Lviv Region (2025), Judgment in case No. 454/74478/25 dated 27 November 2025, available at: https://surli.cc/fjjewr (accessed 17 February 2026).
7. Ukraine (2012), Criminal Procedure Code of Ukraine : Law of Ukraine dated 13 April 2012 No. 4651-VI, updated 26 December 2024, available at: https://zakon.rada.gov.ua/laws/show/4651-17/page#Text (accessed 17 February 2026).
8. Ukraine (1992), Оn Operational and Investigative Activities : Law of Ukraine dated 18 February 1992 No. 2135-XII, updated 9 August 2024, available at: https://surl.li/ayneyt (accessed 17 February 2026).
9. Navrotskyi, D. M. (2025), “The concept of the subject of criminal offenses under articles 402, 403 of the Criminal Code of Ukraine”, Uzhhorod National University Herald. Series Law, No. 90, Vol. 4, pp. 97– 105. DOI: https://doi.org/10.24144/2307-3322.2025.90.4.13 (accessed 17 February 2026).
10. Navrotskyi, D. M. (2024), “Criminal liability for disobedience and failure to execute an order: Historical and legal aspects”, Analytical and Comparative Jurisprudence, No. 4, pp. 540–549. DOI: https://doi.org/10.24144/2788-6018.2024.04.91 (accessed 17 February 2026).
11. Kuntii, A. I. (2025), “Forensic characteristics of disobedience and failure to comply with an order”, Uzhhorod National University Herald. Series Law, No. 89, Vol. 3, pp. 392–398. DOI: https://doi.org/10.24144/2307-3322.2025.89.3.56 (accessed 17 February 2026).
12. Lavronenko, A. V. (2025), “Regarding the peculiarities of considering mitigating circumstances during sentencing for an act provided for in Article 402 of the Criminal Code of Ukraine”, Actual Problems of Innovative Economy and Law, No. 4, pp. 17–19. DOI: https://doi.org/10.36887/2524-0455-2025-4-4 (accessed 17 February 2026).
13. Batiuk, O. V., & Dmytriv, S. O. (2021), “On the issue of organization of military crimes investigation, Social & Legal Studios, Iss. 3 (13), pp. 77–87, available at: https://dspace.lvduvs.edu.ua bitstream/1234567890/3976/1/11.pdf (accessed 17 February 2026).
14. Karpenko, M. I. (2013), Military crimes: Characteristics, investigation methods, and prevention, by V. K. Matviichuk (Ed.), Dakor Publishing House, Kyiv.
15. Tishchenko, V. V., & Podobnyi, O. O. (2022), Forensics : educational and methodological guide, Yurydyka Publishing House, Odesa, available at: https://surl.li/jaibac (accessed 17 February 2026).