DETERMINANTS OF MILITARY ADMINISTRATIVE OFFENCES IN THE STATE BORDER GUARD SERVICE OF UKRAINE UNDER MARTIAL LAW

Abstract

The article is devoted to the study of the determinants of military administrative offenses in the activities of the State Border Guard Service of Ukraine under the legal regime of martial law. The relevance of the topic is обусловлена the transformation of the nature of operational and service activities of border guards, the increased level of security threats, heightened psycho-emotional stress on personnel, and the need to ensure an appropriate level of military discipline in the context of the armed aggression of the Russian Federation against Ukraine. The article substantiates the expediency of considering the causes and conditions of military administrative offenses through the generalized category of “determinants,” which makes it possible to overcome the formal distinction between causes and conditions and to focus on factors that actually influence the formation of unlawful behavior. The methodological basis of the study is formed by the provisions of criminological determinism theory, the developments of administrative delictology, and a system-level approach, according to which determinants are analyzed at the macro-, meso-, and micro-levels of social organization. Taking into account statistical data and the practical activities of the State Border Guard Service of Ukraine, the study substantiates the expediency of focusing on the two most widespread military administrative offenses: consumption of alcoholic or low-alcohol beverages, as well as the use of narcotic drugs, psychotropic substances, or their analogues (Article 172-20 of the Code of Ukraine on Administrative Offenses), and violation of the rules of border guard service (Article 172-18 of the Code of Ukraine on Administrative Offenses). It is proven that offenses stipulated in Article 172-20 of the Code of Ukraine on Administrative Offenses are predominantly determined by subjective micro-level factors in the presence of meso-level organizational and service-related triggers, whereas violations of the rules of border guard service have a distinctly meso-level nature and are conditioned by the specifics of organizing operational and service activities in border protection units. The study concludes that the preventive potential for counteracting military administrative offenses within the State Border Guard Service of Ukraine is primarily concentrated at the meso- and micro-levels, where targeted managerial and educational intervention is possible.