Деякі питання адміністративно-юрисдикційної діяльності територіальних центрів комплектування та соціальної підтримки в Україні

Abstract

The article analyzes the administrative and jurisdictional powers of territorial recruitment and social support centers regarding military accounting under martial law. The terminology and peculiarities of its use in the consideration of administrative offenses, the responsibility for which is provided for by Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses, are considered. In particular, it was noted that citizens’ compliance with the rules of military accounting involves a number of restrictions of a coercive nature and in most cases contains informational content, as well as the obligation to comply with the order of a military body or official authorized to do so. For a more thorough analysis of the administrative-jurisdictional activity of territorial recruitment and social training centers, attention is paid to the administrative-legal consolidation by the legislator of the terms that characterize the legal status of a person during military service in the Armed Forces of Ukraine and other military formations. The terms «draft», «call», «assembly point», which have a legal meaning in the qualification of administrative offenses for violating the rules of military accounting, are also analyzed. The urgency of considering the administrative jurisdiction of the territorial centers of recruitment and social support regarding compliance with the order and rules of military record keeping in Ukraine was emphasized. It is noted that the content of Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses does not provide for the implementation and specifics of violations of the rules of military accounting. It was concluded that the administrative-jurisdictional activity of the territorial recruitment and social support centers regarding the violation of military accounting rules is carried out in accordance with the current legislation of Ukraine and other normative legal acts regulating military service in the Armed Forces of Ukraine and other military formations. At the same time, the following remain controversial provisions on: 1) description of the unlawful behavior of the subjects set forth in Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses; 2) interpretation of the terms characterizing military service and having legal significance for the qualification of this type of offense.