Military administrative offenses

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Shypko Illya

Specializes in military law: appeals to the military medical commission, report writing, support for payments after injury and discharge.

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Military administrative offenses

Reading time: 3 min.

In the conditions of war, it is not surprising that many military administrative offenses arise. This is mostly due to the fact that a large number of citizens are military personnel.

What is a military administrative offense?

A military offense committed by a serviceman, which entails administrative responsibility, which is specified in Chapter 13-B of the Code of Ukraine on Administrative Offenses.

That is, from the given definition it is immediately clear that in this category of offenses there is a special subject, that is, a person who is a military serviceman.

Normative base

Liability for military administrative offenses is based on the Code of Ukraine on Administrative Offenses, as well as the Disciplinary Statute of the Armed Forces of Ukraine.

Types of military administrative offenses:

  • Refusal to comply with the lawful requirements of the commander (supervisor);
  • Voluntary abandonment of a military unit or place of service;
  • Careless destruction or damage to military property;
  • Abuse of power or official position by a military official;
  • Exceeding authority or official authority by a military official;
  • Careless attitude to military service;
  • Inaction of the military authorities;
  • Violation of the rules of wearing combat duty;
  • Violation of the rules of carrying the border service;
  • Violation of the rules for handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment;
  • Drinking alcoholic or low-alcohol beverages or using narcotic drugs, psychotropic substances or their analogues.

Liability for military administrative offenses:

  • Warning (remarks);
  • Fine;
  • Detention at the guardhouse.

 

Who has the authority to draw up a report on a military administrative offense?

  • commanders (chiefs) of military units (institutions, institutions), commanders of units authorized to do so by commanders (chiefs) of military units (institutions, institutions);
  • an authorized official of the management bodies of the Military Law and Order Service in the Armed Forces of Ukraine (about offenses committed by servicemen, conscripts and reservists during training, as well as by employees of the Armed Forces of Ukraine during their official duties).

So, as can be seen from the above, there is quite a large list of military administrative offenses. But it is worth remembering that the protocol on the administrative offense in such cases must be drawn up no later than 24 hours after the discovery of the military administrative offense. If a serviceman does not agree with this protocol, he can provide his explanations, which are attached to the protocol, as well as refuse to sign it (a special note is made about this in the protocol). But in any case, the serviceman has the right to use legal assistance during the consideration of this protocol in court.

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Specializes in military law: appeals to the military medical commission, report writing, support for payments after injury and discharge.

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