THE ROLE OF JUDICIAL BODIES IN PROCEEDINGS IN CASES OF MILITARY ADMINISTRATIVE OFFENCES IN UKRAINE

Chystokletov  Leontii Grugorovych

doctor of law, professor, Professor of Department of Administrative and Informational

Law Educational and Scientific Institute of Law, Psychology and Innovative Education

Lviv Polytechnic National University, Е-mail: leon1949@ukr.net

ORCID: https://orcid.org/0000-0002-3306-1593

Ostapenko Oleksii Ivanovych,

doctor of law, professor, Professor of Department of Administrative and Informational

Law Educational and Scientific Institute of Law, Psychology and Innovative Education

Lviv Polytechnic National University, Е-mail: ostapenko.oleksiy8@gmail.com

ORCID: https://orcid.org/0000-0002-9833-3043

Khytra Oleksandra Leontiivna,

doctor of law, docent, Professor of  Department of administrative law and administrative procedure

of Lviv State University of Internal Affairs, Е-mail: olexandrahitra@gmail.com

ORCID: https://orcid.org/0000-0002-3632-5101

Baik Oksana Ivanivna,

doctor of law, Associate Professor of Civil Law and Process Law Educational and Scientific Institute of Law, Psychology and Innovative Education Lviv Polytechnic National University,

Е-mail: Oksana.I.Bayik@lpnu.ua, ORCID: https://orcid.org/0000-0003-4819-7722

Kryzhanovskyi Anatolii Stanislavovych

Senior Lecturer, Department of Criminal Law and Process Educational and Scientific Institute of Law, Psychology and Innovative Education Lviv Polytechnic National University,

Е-mail: anatolii.s.kryzhanivskyi@lpnu.ua ORCID: https://orcid.org/0000-0002-2432-5286

Abstract.

Theoretical and legal principles and practice of judicial bodies in proceedings on military administrative offences, which is very relevant not only in Ukraine but also abroad have been analysed in the article. The mentioned above problems once again emphasize the importance of the effectiveness of justice in the special conditions of military service during the aggravation of the military situation due to illegal military formations in eastern Ukraine, which negatively affects military discipline, legality and law and order.

The need to strengthen the administrative responsibility of servicemen, conscripts and reservists during training (inspection) and special gatherings in order to prevent them from committing offences, their conscious attitude to military service, ensuring high combat readiness and combat capability of military units and subdivisions has been proved.  It has been noted that one of the reasons for committing military administrative offences and crimes by the military men is their insufficient legal competence.

Outlining the peculiarities of proceedings in cases of military administrative offences by judicial authorities, the problematic issues in determining the qualifications of wrongful acts (inaction) committed by servicemen and persons equated to them have been indicated.

Taking into consideration foreign and national legislation, proposals and recommendations of the military and law enforcement agencies, the attention was drawn to the issues of standardization of the legal framework for the administration of justice by military courts both in peacetime and in wartime.

Keywords: administrative responsibility, military administrative offence, servicemen, conscripts, military courts, qualification of the offence, judicial authorities, justice.