Administrative Investigation conducted by the National Guard Troops Officials as an Institution of Military and Administrative Law Needs to Be Improved

Abstract

Based on the analysis of regulatory legal acts, the concept and features of conducting an administrative investigation provided for by both military legislation and administrative legislation are revealed. The grounds, objectives and procedure for conducting an administrative investigation are analyzed. Attention is given to the fact that in the field of military-service relations, an administrative investigation is conducted against subordinate military personnel, while administrative legislation prescribes an administrative investigation against individuals and organizations that are not organizationally subordinate to the National Guard troops. The errors affecting the recognition by the court of the procedural order for conducting an audit, as well as an administrative investigation, as illegal or unjustified are indicated. We are talking about the fact that a legal unit participates in the administrative investigation (proceedings). At the same time, the administrative legislation considers this procedure differently. It is mentioned that if the level of competence in a military unit is assessed by the commander (chief), then the competence of officials is assessed by the court, which is authorized either to approve the decision taken or to cancel it. It is substantiated that the initiator of the administrative investigation is the appropriate commander (chief), who appoints such an investigation independently or on the basis of a written report of a serviceman, notification of a medical organization, notification of law enforcement agencies, notification (messages, statements) of other persons, including relatives of the injured serviceman. The reason for conducting an administrative investigation is a ruling on conducting an administrative investigation made based on a decision of an official. The mixing of the two forms of inspections in practice leads to the incorrect application of regulatory legal acts, which creates confusion. This leads to the fact that an administrative investigation in the field of military service relations should be called differently, removing the term «administrative investigation» from circulation.