A soldier refused to follow the order to undergo basic military training and take the oath during formation – how the court punished him for disobedience

The Kozelets District Court found the serviceman guilty of disobedience and refusal to perform military service duties under martial law conditions.

Case circumstances

The serviceman, drafted on September 24, 2025, for military service during mobilization for a special period and assigned to serve in a Military Unit, was accused of criminal offenses under part 4 of article 402 and part 4 of article 409 of the Criminal Code of Ukraine.

According to an extract from the order of the commander of the Military Unit dated September 24, 2025, No. 267, the serviceman was appointed as a cadet of the 3rd training company of the 1st training battalion, enrolled in the unit's personnel lists, and provided with all types of support.

By the order of the commander of the Military Unit dated October 27, 2025, No. 1331 (from main activities), the serviceman was ordered to undergo training at the base of the 1st training battalion of the Military Unit from October 28, 2025, to December 18, 2025, according to the "Basic General Military Training Program (for mobilization resource training) TP 7-00(206)246.63" and to take the Military Oath of allegiance to the Ukrainian people.

On October 28, 2025, at approximately 14:25, during formation at the temporary location of the Military Unit in a forest strip near the deployment site, in the presence of the commander of the 2nd training company, platoon commanders, and other servicemen, the order was orally communicated to the serviceman. The serviceman openly refused to comply with the commander's order to undergo basic general military training. He did not submit any complaints, including about his health condition.

The accused also openly refused to perform military service duties, including undergoing the basic general military and specialized training course, wearing the military uniform, observing military courtesy rules, behavior and military salutes, using weapons, performing shooting exercises with small arms, adhering to the internal daily routine, and fulfilling the constitutional duty to defend the Fatherland.

The accused did not admit guilt. He stated that he probably does not consider himself a serviceman, did not refuse to undergo basic general military training, was not issued a military uniform, received monetary funds, performed household tasks, and intends to perform military service duties. He also mentioned having a medical condition.

The accused's guilt is confirmed by extracts from the orders of the Military Unit commander, medical commission certificates on fitness for military service, an inspection protocol and video recording showing the announcement of the order and refusal to comply, as well as witness testimonies from unit commanders.

The court established that the order of the Military Unit commander dated October 27, 2025, No. 1331 is lawful, issued within authority, clear, and understandable. According to the requirements of the Internal Service Charter of the Armed Forces of Ukraine and the Disciplinary Charter of the Armed Forces of Ukraine, a serviceman is obliged to unconditionally obey the orders of a superior, except in cases of clearly criminal orders.

Court decision

The Kozeletskyi District Court of Chernihiv region considered case No. 734/5560/25 in an open court session and rendered a verdict finding the serviceman guilty of criminal offenses under part 4 of article 402 of the Criminal Code of Ukraine (disobedience expressed in open refusal to obey a superior's order committed under martial law conditions) and part 4 of article 409 of the Criminal Code of Ukraine (refusal to perform military service duties committed under martial law conditions).

The court excluded from the charge under part 4 of article 402 of the Criminal Code of Ukraine the wording regarding refusal to take the Military Oath, since the serviceman had already taken it during his conscript service in 2012.

When imposing the sentence, the court took into account the severity of the serious crimes committed, the personality of the accused who is satisfactorily characterized at his place of military service, his health condition, and the absence of mitigating or aggravating circumstances.

The serviceman was sentenced as follows: under part 4 of article 402 of the Criminal Code of Ukraine – imprisonment for 5 years and 3 months; under part 4 of article 409 of the Criminal Code of Ukraine – imprisonment for 5 years.

Based on part 1 of article 70 of the Criminal Code of Ukraine, by merging the criminal offenses through absorption of the lesser punishment by the harsher one, the final sentence was set as imprisonment for 5 years and 3 months.

The preventive measure in the form of detention was left until the verdict takes legal effect. The sentence term is counted from October 28, 2025 – the time of actual detention.

Subscribe to our Telegram channel t.me/sudua, Google News SUD.UA here, as well as to our VIBER and WhatsApp, Facebook page and Instagram account to stay informed about the most important events.