On the publicly dangerous content of military administrative offenses

Abstract

Abstract. Consideration of the provisions related to administrative illegality aimed at encroachment on social relations involves the analysis of its main components and causes of its occurrence in normal conditions of the functioning of society, as well as in special conditions to which the legal regime of martial law belongs. The complexity of the socio-economic and political situation in Ukraine led to the introduction of martial law by the President of Ukraine (February 2022) due to military aggression by the Russian Federation. Ukrainian society and the state in today's conditions are encroached on the state system, territorial integrity and sovereignty of the country. The enemy is actively resisting, which requires significant political, economic, military and other efforts. One of the ways of countering the enemy is the combat activity of the Armed Forces of Ukraine and other military formations. Unfortunately, in the activities of military units and units, offenses are committed by individual servicemen, which encroach on relations in the military sphere and thus negatively affect the state of law and discipline among servicemen and persons equated to them. Note that military administrative offenses are one of the types of offenses. With this in mind, on March 5, 2015, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Responsibility of Military Personnel, Granting Commanders Additional Rights and Assigning Responsibilities in a Special Period" of February 5, 2015 No. 158-U111 entered into force, which were amendments were made to the Code of Ukraine on Administrative Offenses (hereinafter ‒ Administrative Offenses Code), in particular: 1) Article 15 of the Administrative Offenses Code was supplemented by part five with the following content: "Military servicemen for committing military administrative offenses shall bear the responsibility provided for in Chapter 13-B of this Code, provided , if these offenses do not entail criminal liability"; 2) the first part of Article 24 of the Code of Administrative Offenses, which defines the types of administrative penalties, is supplemented by point eight, which provides for the application of administrative penalties for the commission of certain military administrative offenses in the form of arrest with detention at the guardhouse; 3) chapter three of the Code of Criminal Procedure was supplemented by Article 32-1 "Arrest with detention at the guardhouse"; 4) The Code of Ukraine on Administrative Offenses was supplemented by Chapter 13-B "Military Administrative Offenses" (Articles 172-10 ‒ 172-20 of the Criminal Procedure Code). These and other measures of legal influence by the legislator on the state of legality and military discipline in the Armed Forces of Ukraine and other military formations require further analysis to clarify the essence of the signs of illegality enshrined in Art. 9 of the Code of Administrative Offenses and their connection with public danger and harmful consequences of the person's administrative-delict actions or inaction.