Vernyhora V. Administrative-legal support of service discipline and legality in military units of Ukraine in a special period

The thesis is dedicated to the comprehensive research of administrative and legal support of service discipline and legality in military units of Ukraine in a special period. The theoretical-methodological and normative basis of administrative-legal regulation of military-service relations in a special period was revealed. It was revealed that a system of military discipline and legality in a special period is formed with a help of: organizational and economic measures; moral and educational measures to ensure a favorable moral and psychological climate and discipline in a military unit; legal measures providing for the development of new Acts and amendments to existing regulations on military-service and military-civil relations; special measures aimed at eliminating factors and preconditions for possible offenses against a serviceman. It was found that the effectiveness of the system of means and methods of ensuring law and order in military units in a special period depends on a qualitative and timely assessment of military-service relations, on the correct choice of methods and measures for the prevention of offenses. Adoption of new normative legal acts aimed at improving the current military legislation of Ukraine to protect the rights, freedoms, social guarantees of troop-members of the ATO and other individuals of military-service relations, as well as a clear definition of specific legal responsibility for violation of established norms also influence its efficiency. Comprehensive doctrinal and normative analysis of the content, order of implementation and signs of legal liability of servicemen made it possible to conclude that administrative and legal responsibility of servicemen during a special period, as a form of legal responsibility, has its own specific features. They are generalized in Art. 15 and Chap. 13-B of the Code of Ukraine on Administrative Offenses, which provide the norms governing the administrative and legal responsibility of servicemen in peacetime and in a special period. It is proved that current legislation of Ukraine in the sphere of regulating the administrative responsibility of servicemen in a special period needs to be improved. First, differentiation between administrative and criminal offenses should be made, then issues related to the disciplinary liability of servicemen should be worked out in order to supplement the Disciplinary Statute of the Armed Forces of Ukraine with norms that would provide the servicemen with better protection from the arbitrariness of commanders (chiefs) in imposing disciplinary penalties. It would be necessary to define a procedure for bringing servicemen to disciplinary responsibility in a special period. The analysis of normative-legal regulation of military-service relations in Ukraine and in leading European countries and the United States showed that there are a number of important prospects for the development of the military sphere in Ukraine. Among them are: systematization of Ukrainian legislation in the military sphere; formation of a single unit within the structure of the Ministry of Defense of Ukraine, which will ensure the realization of rights granted to persons mobilized for military service as well as members of their families; increasing the level of coordination between the state authorities responsible for security policy in the country and the military management bodies in accordance with the standards adopted by NATO member states; ensuring the effective implementation of the provisions of the Conception of Reforming and Further Development of State Management System in a State of Emergency and in a Special Period etc.