Certain Issues of Administrative Responsibility for Military Administrative Offenses

The article examines the issues of legal regulation of administrative responsibility for military personnel in Ukraine, particularly the innovations introduced in Chapter 13-B of the Code of Ukraine on Administrative Offenses (CUAO). The relevance of the topic is determined by legislative changes in response to contemporary challenges, especially during russia’s armed aggression against Ukraine. The authors analyze the problems arising in the process of holding military personnel administratively liable, including the uncertainty of the subject in relation to the offenses, difficulties in qualifying actions, and the insufficient clarity of legislative norms. The article identifies three groups of norms that regulate the administrative responsibility of military personnel, namely general principles, types of administrative offenses, and special provisions. The authors highlight issues related to the application of the law. Specifically, descriptions of military offenses are found not only in Chapter 13-B of the Code of Ukraine on Administrative Offenses (CUAO), but also in other chapters of the Code. The issue of the subject composition of many offenses remains unresolved, as the status of reservists, individuals undergoing alternative service, and those serving in territorial defense units is undefined. There are also difficulties in qualifying the relevant offenses, given the inconsistency of the terms “special period” and “martial law.” Furthermore, the majority of the types of administrative offenses specified in Chapter 13-B of the Code of Ukraine on Administrative Offenses (CUAO) can only be identified by leaders (commanders) of military units. This means that many of these offenses remain latent and do not lead to the imposition of any sanctions. The authors conclude that the regulation of administrative responsibility for military offenses is improper, requiring urgent resolution to enhance discipline and the rule of law in the Armed Forces of Ukraine. Key words: administrative responsibility, military personnel, reservist, liable for military service, sanctions, punishment, violation of rules.