INVOLVEMENT OF MILITARY CONSERVANTS TO ADMINISTRATIVE LIABILITY IN UKRAINE: CONFLICT OF LEGISLATION AND COMPLICATIONS OF LAW ENFORCEMENT

Abstract

The purpose of this study is a comprehensive scientific and legal analysis of the mechanism of bringing military personnel to administrative responsibility in Ukraine under the legal regime of martial law. Particular attention is paid to identifying systemic conflicts and gaps in the current legislation, as well as identifying key problems of law enforcement that arise in the process of implementing administrative responsibility of this category of persons. The study is aimed at the systematic identification of regulatory inconsistencies, establishing the causes of their occurrence and substantiating ways to overcome them, in particular, at the formulation of proposals for improving legislation. The methodological basis of the study is a set of general scientific and special legal methods. In particular, the formal legal method was used to analyze the content of regulatory legal acts; the system-structural method allowed to identify internal connections between the norms of administrative and special legislation; the comparative legal method was used to compare the norms of legislation; the method of analyzing judicial practice was used to establish trends in law enforcement; The method of generalization and scientific forecasting allowed to formulate recommendations for improving the legislation and the practice of its application. Results: it was established that the current administrative legislation of Ukraine contains a number of conflicts and gaps that complicate the effective bringing of military personnel to administrative responsibility. Judicial practice indicates a different approach to the application of norms, which causes difficulties in law enforcement and creates legal uncertainty. Discussion: a general discussion of the issues demonstrates that such a study is necessary to ensure the proper fulfillment by citizens of Ukraine of the constitutional obligation to protect the Fatherland and the effective implementation of mobilization measures in the legal regime of martial law. Analysis of the current legislation and the practice of its application demonstrates the presence of systemic conflicts that create legal uncertainty, complicate the implementation of the rights and obligations of military servicemen and emphasize the need to improve regulatory and legal regulation and ensure a uniform, consistent and predictable practice of bringing to administrative responsibility.