Courts review cases under Chapter 13-B of the Code of Administrative Offenses provided there are no signs of a criminal offense
Military personnel face administrative liability for various offenses either on general grounds or under specific articles of the Code of Administrative Offenses. Only courts have the authority to issue rulings in such cases. This is reported by the portal PromPolitInform, citing information from the Ministry of Defence of Ukraine.
In addition to general administrative offenses, such as traffic violations, customs breaches, or corruption, military personnel are subject to a specific list of violations. These are defined in Chapter 13-B of the Code of Administrative Offenses of Ukraine, specifically under articles 172-10 through 172-20.
Such offenses include negligence in performing official duties, refusal to follow lawful orders from commanders, unauthorized departure from service locations, and violations of weapons handling rules. A separate category covers the consumption of alcoholic beverages or narcotics on military premises, as well as appearing for duty in an intoxicated state.
Procedural aspects of prosecution
Cases involving military administrative offenses fall under the exclusive jurisdiction of the courts. Following the discovery of an offense, the unit commander or a representative of the Military Law Enforcement Service must draw up a protocol within 24 hours. The service member has the right to review the document, add remarks, and provide written explanations.
The case files are submitted to the local court at the location of the incident to establish guilt. If the offense is proven, the court issues a resolution, which can be appealed within ten days. If no evidence is found, the case is closed.
The threshold between administrative and criminal liability
The primary criterion for choosing between administrative or criminal penalties is the nature of the act and its consequences. If the action shows signs of a crime, the case is processed under the Criminal Code of Ukraine. The court evaluates the duration of the offense, its nature, and the specific circumstances involved.
For military administrative offenses, the legislation provides for fines or detention in a guardhouse. Notably, detention as a sanction is only imposed by a court in exceptional circumstances and is not applicable to female military personnel.
Photo: Ministry of Defence of Ukraine
Read also: Defence Forces Destroyed Iskander-M Maintenance Base in Kursk Region
