ADMINISTRATIVE RESPONSIBILITY OF POLICE OFFICERS DURING THE PERIOD OF MARITAL LAW IN UKRAINE: THOUGHTS ON PROSPECTS FOR IMPROVEMENT

Abstract

The article is devoted to highlighting problematic issues of administrative responsibility of police officers during the period of the special legal regime of martial law. The relevance of the study is due to the need to improve the institution of administrative responsibility in Ukraine, as well as to find effective legal tools for the proper enforcement of discipline and legality by person’s subject to disciplinary statutes. It was concluded that the institution of administrative responsibility of special subjects needs to be improved by expanding the range of persons covered by Chapter 13-B «Military administrative offenses» of the Code of Ukraine on administrative offenses during the period of martial law by including police officers in their list. Supported the position that the list of articles for violations of the norms of which police officers may be subject to administrative liability on a general basis should be specified with a clear fixation of the relevant changes in Article 15 of the Code of Ukraine on Administrative Offenses. Similar additions are needed to the Disciplinary Statute of the National Police of Ukraine in the part of specifying the composition of disciplinary offenses, for the commission of which the possibility of bringing to disciplinary responsibility is provided. The relevance of the proposed changes is explained by the fact that, in accordance with the law, the bodies and units that are part of the police system participate in the performance of territorial defense tasks, ensuring and implementing measures of the legal regime of martial law in the event that it is declared on the entire territory of Ukraine or in a separate area. That is, police officers can be determinate as subjects of military administrative offenses.