LEGAL LIABILITY OF MILITARY OFFICERS AS AN ELEMENT OF ENSURING DISCIPLINE AND LEGALITY IN THE MILITARY SPHERE

Abstract

Ukrainian military personnel bear legal responsibility on general grounds, like all citizens of Ukraine, but taking into account their special legal status. All military personnel, regardless of rank or position, are equal before the law. However, upon starting service, a military serviceman, along with receiving shoulder straps, assumes special responsibility for the defense of the Motherland and the performance of military duties, which includes the need to unquestioningly fulfill assigned tasks under any conditions, even at the risk of life. It is noted that being a law-abiding citizen is not enough for a military serviceman - he must be an example in the performance of his duties. A military serviceman is obliged to bear legal responsibility for violating laws and the procedure for passing service. It is noted that military personnel perform duties related to the defense of the state, observing discipline and executing orders. Their status is determined by special legislation, which establishes additional requirements for their behavior.

Depending on the nature of the offense committed and the degree of guilt, military personnel shall bear disciplinary, administrative, material, civil, and criminal liability in accordance with the law, taking into account the combat immunity defined by the Law of Ukraine «On the Defense of Ukraine». Attention is drawn to the fact that the legal liability of military personnel is one of the key components of ensuring law and order and discipline in the Armed Forces.

Modern challenges, such as armed conflicts, international obligations of the state to comply with humanitarian law standards, and the need to strengthen national security, require clear legal regulation of the behavior of military personnel. In Ukraine, this issue has become particularly relevant in connection with aggression against the country, reform of the security and defense sector, as well as the process of adapting national legislation to European Union standards. Gaps in legislation, conflicts between norms, and dificulties in their practical application require a comprehensive scientific analysis and development of recommendations for improving legal regulation. It is concluded that the study of the legal responsibility of military personnel is important not only for ensuring discipline in military formations but also for the general strengthening of the rule of law and trust in the legal system of the state.