УДК 342.9

ORCID: 0009-0007-3966-5973

DOI 10.37566/2707-6849-2024-4(49)-8

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Mykhailo MOISIEIEV

Candidate of Juridical Sciences (Ph. D.)

CRITERIA FOR DISTINGUISHING BETWEEN ADMINISTRATIVE AND DISCIPLINARY LIABILITY OF SERVICEMEN OF THE ARMED FORCES OF UKRAINE.

The article carries out a comprehensive study of the specifics of administrative and disciplinary liability of servicemen of the Armed Forces of Ukraine in order to further highlight the main criteria for their differentiation. The features of disciplinary liability of servicemen of the Armed Forces of Ukraine are studied and the specifics of their administrative liability are established. The presence of common features of these types of legal liability of servicemen of the Armed Forces of Ukraine is stated, which include the following: they are varieties of legal liability of servicemen of the Armed Forces of Ukraine; they have a special subject in their legal structure, as it applies only to servicemen of the Armed Forces of Ukraine; the actual basis for bringing servicemen of the Armed Forces of Ukraine to disciplinary or administrative liability as guilty persons is the commission of an administrative offense (misdemeanor). The author's approach to identifying criteria for distinguishing administrative and disciplinary liability of servicemen of the Armed Forces of Ukraine has been formed, including the following: by the normative (legal) basis of occurrence (the principles of disciplinary liability are determined by the norms of the Disciplinary Statute of the Armed Forces of Ukraine; the principles of administrative liability are enshrined in the provisions of a separate codified regulatory act - the norms of the Code of Ukraine on Administrative Offenses); by the factual basis of occurrence (the factual basis for the occurrence of disciplinary liability is the commission of administrative offenses not provided for by the Code of Ukraine on Administrative Offenses, as well as offenses related to corruption; the commission of the latter is the factual basis for the occurrence of administrative liability); by the type (form) of state legal coercion (disciplinary liability is characterized by the application of certain disciplinary sanctions; administrative liability is characterized by the application of certain administrative sanctions); according to the circle of entities authorized to hold servicemen of the Armed Forces of Ukraine accountable.

Key words: legal liability, administrative liability, disciplinary liability, military personnel, Armed Forces of Ukraine, administrative offense.

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