PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY OF MILITARY PERSONNEL AND EQUIVALENT INDIVIDUALS
Author (s): Shestak L.
Work place:
Shestak L.,
PhD in Law, Associate Professor,
Associate Professor of the Department
of Administrative and Constitutional Law,
Educational and Scientific Institute of Law,
Law Enforcement and Psychology,
Penitentiary Academy of Ukraine,
Chernihiv, Ukraine
ORCID: 0009-0001-9381-5916
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2026. № 1 (19): 223–235
https://doi.org/10.32755/sjcriminal.2026.01.223
The administrative responsibility of military personnel is an important component of domestic administrative legislation. As practice has shown, the application of only disciplinary measures to this category of offenders does not have the desired preventive-punitive effect on military personnel and equivalent individuals. The definition of military administrative offenses in a separate Chapter 13-B of the Code of Ukraine on Administrative Offenses demonstrates the need for a specialized approach to offenses in the military sphere. However, despite the existence of special norms, their effectiveness is significantly reduced due to a number of shortcomings in legal regulation. In particular, the circle of individuals who can be subjects of this group of offenses is not clearly defined, and there is no precise description of the constituents of military administrative offenses. A significant part of the terms used in describing the objective side of the offenses is evaluative and requires clarification, such as “significant damage”, “military officer”, “violation of rules”, etc. Additionally, clarification is needed regarding the relationship between the concepts of “special period” and “martial law”, as in some offenses, they are used as synonyms, while in others, they are contradictory concepts.
Particular attention should be paid to the differentiation of responsibility depending on the status of the individual in the military hierarchy. The issue of applying sanctions to military personnel remains relevant. Currently, there is a limited list of penalties, which significantly reduces the possibilities for punishment for committed offenses.
Resolving these issues requires amendments to Chapter 13-B of the Code, which would define the circle of individuals who can be held accountable for military administrative offenses, clarify the definition of “military officer,” and expand the list of sanctions that can be applied to military personnel and equivalent individuals for actions stipulated in this chapter.
Key words: military personnel, military administrative offense, legal regulation, administrative punishment, prevention of offenses, administrative offense, administrative responsibility, prevention (prophylaxis) of offenses.
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