MILITARY SERVICE ADMINISTRATIVE OFFENSES: PROBLEMS OF LEGAL REGULATIONS AND QUALIFICATIONS

Abstract

The focus of this study is one of the defining aspects of the correct qualification of military official administrative offenses – the legal definition and characteristics of a military official. The purpose of the article is to justify a unified position regarding the interpretation and legal assessment of the existing legal definitions of the main concepts: “military official” – “military official”, a clear understanding of which is of fundamental importance for the correct qualification of torts, objective and legal consideration by courts of administrative cases about military official offenses. On the basis of a scientific analysis of the provisions of the current legislation and judicial practice on the consideration of cases of military administrative offenses, the authors of the article formed the following conclusions. First, the terms “military official” and “military official” are actually identical concepts, but based on the analysis of their definition in various legal acts, they are not absolutely identical. In order to eliminate those errors and misunderstandings that occur due to such a situation in judicial practice when considering this category of cases, it is proposed to define the term “military official” in part 12 of Article 6 of the Law of Ukraine “On Military Duty and Military Service” the concept of “military official (official) person”. The definition of the changed term should be identical to the content of the definition “military official”. Secondly, the need to refer to the job instructions of the subject of the administrative tort, orders (special commands of the command) on the assignment of organizational-administrative or administrative-economic duties, the temporary appointment of acting military chief and, taking into account the plot, assess whether the military serviceman (conscript or reservist during the assembly) was a military official at the time of the event.