ANALYSIS OF THE STATE OF LAW AND ORDER IN THE CENTRAL REGION OF THE ARMED FORCES OF UKRAINE: ADMINISTRATIVE AND TORMENTAL ASPECT

Author (s): Puzyrov M.S., Kravets M.V., Leonenko O.A.

Work place:

Puzyrov M.S.,

Doctor of Sciences (Law), Senior Researcher, Head of the Department of

Scientific Activity and International Cooperation,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0002-7814-9476

 

Kravets M.V.,

Postgraduate of the Department of Criminal,

Criminal-Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0002-1590-9159

 

Leonenko O.A.,

Senior Lecturer of the Department of Tactical and Special Training,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0002-9748-2469

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2022 No 3 (17): 53-63

https://doi.org/10.32755/sjlaw.2022.03.053

Summary

The authors note that the current state of law and order in the Armed Forces of Ukraine and other military formations has both theoretical and practical problems, the research and solution of which are urgent. This concerns the maintenance of a high level of military discipline among military personnel and persons equivalent to them, ensuring high combat readiness and combat capacity of military units and units, especially during the period of active hostilities and in conditions of deployment of military units where the latter are not conducted.

The article states that in 2015, for the first time, administrative responsibility for committing military administrative offenses was introduced. Changes have also been made regarding the procedural registration of the commission of military administrative offenses.

Military personnel’s tormental activity is one of the reasons for the adoption by the Verkhovna Rada of Ukraine of an addition to the Code of Ukraine on Administrative Offenses, namely Chapter 13-Б “Military Administrative Offenses”.

The analysis of the statistical data of the Central region enabled the authors to claim that the most common military administrative offense is the offense provided for in Article 172-20 of the Code of Ukraine on Administrative Offenses “Drinking alcoholic, low-alcohol beverages or the use of narcotic drugs, psychotropic substances or their analogues”, Article 172-11 of the Code of Ukraine on Administrative Offenses “Leaving without a permission a military unit or place of service”, 172-15 of the Code of Ukraine on Administrative Offenses “Negligent attitude to military service”.

As conclusions, the authors note that the institution of administrative liability of military personnel has not been considered for a long time and requires further reformation. The stated circumstances require improvement of the norms of the current administrative legislation, which regulates military personnel’s liability for committing administrative offenses

Key words: military personnel, administrative offense, administrative liability, military discipline, Armed Forces of Ukraine, military duty, Military Law and Order Service.

References

  1. Ukraine (1992), On Military Duty And Military Service: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/2232-12#Text/ (accessed 01 September 2022).
  2. Regulations On Military Service in the Armed Forces of Ukraine by Citizens of Ukraine: Decree of the President of Ukraine dated December 10, 2008 No. 1153/2008. Update date 14 September 2022, available at: https://zakon.rada.gov.ua/laws/show/1153/2008#Text (accessed 01 September 2022).
  3. Lukichov, V., Artautova, V., Nikitiuk, Т. and Kucherenko, S. (2020), Basic rights of military personnel, available at: www.mil.gov.ua/content/social_adaptation/osnovni_prava_vs_2020.pdf (accessed 01 September 2022).
  4. Topala, Yu.V. and Koropatov, О.М, (2019), “Peculiarities of military personnel’s administrative liability in Ukraine”, Repository of Scientific Publications of Odessa State University of Internal Affairs, available at: http://dspace.oduvs.edu.ua/bitstream/123456789/1663/1/%D1%81%D1%82%D0%B0%D1%82%D0%9A%D0%BE%D1%80%D0%BE%D0%BF%D0%B0%D1%82%D0%BE%D0%B2%20%D0%A2%D0%BE%D0%BF%D0%B0%D0%BB%D0%B8.pdf(accessed 01 September 2022).
  5. Ukraine (1984), Code of Ukraine on Administrative Offenses: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/80731-10#Text (accessed 01 September 2022).
  6. Ukraine (2001), Criminal Code of Ukraine: Code of Ukraine, Verkhovna Rada, Kyiv.
  7. Report On the Results of Work of the Central Administration of the Military Law and Order Service: analytical reference (2018), Kyiv: TsUVSP, 32 p.
  8. Report On the Results of Work of the Central Administration of the Military Law and Order Service: analytical reference (2019), Kyiv: TsUVSP, 40 p.
  9. Report On the Results of Work of the Central Administration of the Military Law and Order Service: analytical reference (2020), Kyiv: TsUVSP, 42 p.
  10. Report On the Results of Work of the Central Administration of the Military Law and Order Service: analytical reference (2021), Kyiv: TsUVSP, 56 p.
  11. Kravets, М.V. and Bodnar, І.V. (2022), “The state of offenses in the field of military law and order and the prospects of their development trends”, Criminal and Executive System of Ukraine and its Role nn the Development of a Legal and Social State: proceedings of the 10th All-Ukrainian correspondence scientific and practical conference (Chernihiv, June 17, 2022), Academy of the State Penitentiary Service, Chernihiv: Academy of the SPS, PP. 78-81.

[collapse]

Full text

©2024. Penitentiary academy of Ukraine