ESSENCE AND SYSTEM OF ADMINISTRATIVE OFFENSES IN THE FIELD OF MILITARY SERVICE

Abstract

Purpose: the article analyzes the current global challenges facing Ukraine: Russia’s military aggression, the annexation of part of the state’s territory, the re-equipment and transformation of the army and the entire defense sphere. Research methods: general philosophical, general scientific and special legal methods, in particular dialectical method, method of analysis, system-functional method, formal-logical method, hermeneutic method. Results: under such conditions, the level of requirements for military service and for servicemen objectively increases. These requirements apply to all, without exception, servicemen and conscripts, which explains the peculiarities of liability for military administrative offenses and their polystructural nature. But in itself the scientific interest is caused not so much by offenses and directions of increase of clarity of their determination and structuring of structure, how many degree of responsibility. Discussion: war crimes and war crimes are quite related categories of different legal doctrines: administrative and criminal law, respectively. In view of this, there is a well-founded scientific interest in solving the problem of qualification of illegal behavior of the military and the infallibility of determining the characteristics of offenses and / or crimes committed by servicemen. Another important area of research, which is updated through the prism of the doctrine of administrative law is to find possible ways to differentiate the components of such an offense in order to avoid potential risks of failure to prosecute those who committed illegal acts but due to imperfect legal responsibility for it could avoid liability.