ADMINISTRATIVE AND CRIMINAL LIABILITY FOR EVASION FROM MILITARY SERVICE IN UKRAINE: THEORETICAL ASPECTS AND REALITIES OF THE MARTIAL STATE

Abstract

The article is devoted to the study of the most problematic aspects of a theoretical and applied nature that occur when people evade military service and hold them accountable (administrative and criminal) under national legislation. Attention is drawn to the fact that, as a general rule, the administrative responsibility of military personnel is regulated by Article 15 of the Code of Ukraine on Administrative Offenses. However, the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Responsibility of Servicemen, Granting Commanders Additional Rights and Assigning Responsibilities in a Special Period’ dated February 5, 2015 No. 158-VIII, the previous one was supplemented with the entire Chapter 13-B, which today called ‘Military administrative offenses’. Emphasis is placed on the fact that since the introduction of the legal regime of martial law, significant changes have taken place in the national legislation, which are caused by it. Thus, on December 13, 2022, the legislator significantly increased the liability of conscripts and military personnel for evading military service, both administratively and criminally. A comparative study of both administrative and criminal liability was conducted prior to the amendments to the current Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, respectively. On the basis of the conducted analysis, it becomes obvious that the legislator has strengthened administrative responsibility for military administrative offenses. The question of criminal responsibility for military criminal offenses is also raised, in particular, its rather strict legislative strengthening, which caused public outrage. Summarized regarding the revision by the legislator of the Law of Ukraine ‘On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and other legislative acts of Ukraine regarding the peculiarities of military service in conditions of martial law or in a combat situation’, since the latter did not improve the regulation of liability for military offenses.