Umovny lines for Zahisnik there, instead of a truly blowing viroku. Why is this important for the military!!!
Ship practice. Ours is on the right.
Part 4 Art. 402 CC of Ukraine (non-violation of orders in the minds of the military camp).
In criminal cases, the military service is responsible for Part 4 of Art. 402 of the Criminal Code of Ukraine (non-violation of the order in the minds of the military camp), the court found the person guilty and found 1 river of freedom from testing (test lines - 1 river). In court, the commander and supplementary certificates will be sworn in, directly confirming the illegality of the order. The prosecutor asked for 5 years of recognition.
The position of the defense and defense officer is clear: in addition to the legal punishment, there is an objective side to the warehouse of crime under Art. 402 KK — and may be a truly blowing virok.
What is a “legal order” and why is it critical?
Art. 402 of the Criminal Code of Ukraine transfers responsibility for non-compliance with the order issued under the established procedure. The order may be confirmed by a special person, within the boundaries of renewed importance, consistent with statutes and law, be specific and established.
Art. 60 of the Constitution of Ukraine: no one is asked to impose clearly malicious punishments/orders.
Art. 41 of the Criminal Code of Ukraine about the Viconnian order: an illegal order does not create the obligation of the Vikonian, and the Vikonian does not release the Vikonian from compliance. The reverse side of this norm: failure to violate an illegal order does not commit evil under Art. 402.
Otherwise, it seems: since the order is illegal, it is “ground” for incrimination under Art. 402 knows. The nutritional value is not “improved”, but rather obvious/subsistent to the warehouse.
Why did we insist on the truths of our Zahisnik:
1. The illegality of the order has been established. The court confirmed that the commander himself had given the order, explaining to his responsibilities that the order be read out to the high command, and the commander was informed about the impossibility of enforcing such an order.
2. Standards of evidence. Behind the station 17 CCP and art. 62 of the Constitution, guilt may be brought to a reasonable doubt. If the “core” of the accusation - the legality of the order - is based on the testimony of the commander, the least reasonable doubt arises, which may be hesitant for the benefit of the accused.
3. Systematic legal approach. Criminal law is about clear elements of evil behavior, and not about “discipline.” Since the obligation of victorious punishment is legally not a crime, there is no illegality in “non-convicting”.
What is the court's opinion and why is this problem in the minds of the defenders?
The court, having recognized the violation under the hour of reading the Order, however, deprived the accused of the proof, recognizing the punishment as punishment. This approach replaces the food supply with evil food with the food of the “punishment world”. Ale there, where there is no warehouse, there may be truthfulness, and not “myakshiy virok.”
Why we respect the client’s decision
Viyskovy is a volunteer who wants to take over the country. Without starting to fight against the system and relying on a clever line to put a check on the powerful mayge of courtyard history, since they decided to resign their obligations, in this part of the military they will bring bark under the hour of the defense of the power, the docks brought us to the point of innocence, the command changed, which was accepted back into service and placement before the military changed, and the military decision of the court was otherwise revealed as soon as the virus no longer Mav I am obliged to take part in court hearings in the future, since it is more painful to marvel at everything from both sides, if, in fact, the evidence is the same, and the decision is: “both ours and yours.” We respect the decision of the Secretary in any part that is compatible with him, but against the will of the Client, we cannot act against him. The outpost was brought into full view of the homeland of Zakhisnik. At the same time, lawyers fix a principled point: the court actually established the illegality of the order, and therefore, there was no obligation to dismiss it.
For your military and other homelands: this is not about the cry “don’t stand up to punishment.” This is about those that legal punishments are obligatory, and illegal ones cannot be a basis for criminal prosecution under Art. 402 CC. Difference is the nutrition of law, facts and evidence in a specific law.
The defense was represented by the following national lawyers: Alik Zamirovich Kerimov and Ruslan Gramuddinovich Ismailov.
Registration request: reference no. 638/13618/24