ADMINISTRATIVE AND CRIMINAL PRINCIPLES OF ENSURING MILITARY DISCIPLINE IN THE NATIONAL GUARD OF UKRAINE IN CONDITIONS OF MARTIAL LAW: PROBLEMS AND DIRECTIONS FOR IMPROVEMENT

Abstract

Introduction. The relevance of the study is due to the growing importance of military discipline as a key factor in ensuring the effectiveness of the activities of the National Guard of Ukraine under martial law and the need to improve its administrative and criminal legal support.

Purpose. The purpose of the article is a comprehensive analysis of the administrative, legal and criminal legal principles of ensuring military discipline in the National Guard of Ukraine, identifying problems of legal regulation and law enforcement, as well as substantiating the directions of their improvement.

Materials and methods. The methodological basis of the study is general scientific and special legal methods, in particular dialectical, systemic and structural, formal legal, comparative legal and methods of legal analysis, which allowed us to investigate the regulatory framework, law enforcement practice and scientific approaches to understanding military discipline.

Results. As a result of the study, it was established that military discipline is a complex interdisciplinary legal phenomenon that combines legal, organizational and moral-psychological elements and serves as the basis for the combat capability of military formations. It was revealed that in the system of the National Guard of Ukraine it has a specific dual character, combining the requirements of military service and law enforcement activities. It was proven that administrative and legal support performs a basic preventive function, forming a regime of service discipline and ensuring its maintenance through a system of control and disciplinary responsibility. It was substantiated that criminal and legal support has a subsidiary nature and is aimed at protecting military discipline from the most dangerous encroachments by establishing criminal liability. A number of problems were identified, in particular, the vagueness of individual criminal and legal norms, the complexity of distinguishing types of legal liability, the fragmentation of administrative and legal regulation and the insufficient effectiveness of preventive mechanisms. Directions for improving legislation and law enforcement practice are proposed, aimed at increasing the level of legal certainty, consistency of legal norms and the effectiveness of ensuring military discipline in martial law.

Prospects. The practical significance of the research results lies in the possibility of their use in the training of specialists in the field of law and law enforcement, as well as the security and defense sector. The results of the conducted research can be applied in the law enforcement practice of pre-trial investigation bodies, military prosecutors, and courts in the qualification of military offenses and in distinguishing between different types of legal liability.