CERTAIN DEFICIENCIES IN THE LEGAL REGULATION OF THE ADMINISTRATIVE LIABILITY OF MILITARY PERSONNEL

Abstract

The article examines the problems of legal regulation of the administrative liability of military personnel. The author notes the existence of a number of shortcomings in the legal regulation of such liability, which may negatively affect the process of imposing sanctions or even the qualification of an act as unlawful. In particular, the following issues are identified among the problems of administrative liability of military personnel: the absence of a definition of a military administrative offense and its characteristics; ambiguity in the wording of the concept of a “person equated to military personnel”; inconsistency of the legislator in determining the system of administrative sanctions that may be imposed on offenders, as well as the procedure for their application (including during a special period); the absence of grounds for distinguishing between administrative and disciplinary liability of military personnel; the fragmentation of provisions on liability within the Code of Ukraine on Administrative Offenses (CUAO), as well as a certain inconsistency regarding the specifics of applying such liability measures specifically to this category of offenders. Such ambiguity and complexity of legislative provisions complicate the procedure for applying measures of administrative liability to military personnel. The author advocates the expediency of creating a separate chapter within the CUAO devoted to issues of administrative liability of military personnel, which should define the following elements: the concept of a military administrative offense; the list of administrative sanctions that may be applied to military personnel and the specifics of the procedure and conditions for their application; the grounds and procedure for distinguishing between administrative, disciplinary, and criminal liability of military personnel, as well as the conditions for replacing one type of liability with another; the peculiarities of administrative liability of enlisted personnel and commanding officers; the specifics of applying administrative liability measures during a special period, including during martial law or a state of emergency; and the possibility of applying an extrajudicial procedure for imposing such liability measures, which should reduce the number of latent administrative offenses.