The mechanism for the prevention of military administrative offences under martial law

Abstract

Listen

Translate article

Observance of military discipline under martial law is one of the pre-conditions for making the country’s defence and ensuring national security as a whole more effective. That is why the current legislation in the field of military administrative offences needs to be revised and brought into line with the requirements imposed by the wartime. The aim of the study is to analyse the current state and promising directions for improving the mechanism for the prevention of military administrative offences under martial law. The methods of analysis of the legislative framework, formal logic, case studies, comparative law were used in the course of the research. The article was built using international experience. The study found a number of contradictions in the changes introduced in the legislation on military administrative offences after the beginning of a large-scale military invasion. Such changes as increased punishment and no right to commutation, etc. intended to improve discipline can have the opposite effect, reducing the motivation and confidence of servicemen. Special attention should be paid to entitling one person to draw up a report on an administrative military offence and collect evidence — most often, battalion commanders, which makes servicemen vulnerable to the commanders, whatever decision they make, and also increases corruption risks. Therefore, further research should focus on the development of directions for amending Article 172-13 “Abuse of power or official position by a military official”.