ON MILITARY SERVICE EVASION UNDER MARTIAL LAW IN UKRAINE

Abstract

Abstract. The article examines the issue of the administrative regime of martial law introduced by the President of Ukraine with the consent of the Verkhovna Rada of Ukraine, which is of a forced nature and is explained by military aggression on the part of the Russian Federation. Ukraine, professing the principles of state sovereignty, independence, and territorial integrity, adopted several legal acts in a short time, which became the basis for protecting its statehood. The mobilization of thousands of citizens into the ranks of the Armed Forces of Ukraine, aimed at providing the personnel reserve of military units and other formations. During the year of the undeclared war with Russia, the Ukrainian people are fulfilling their constitutional duty to defend their country with dignity and self-sacrifice. At the same time, there was a need for legal regulation of the specifics of military service under martial law and combat conditions. Such features include: evasion of military registration; evasion of military service by conscripts, servicemen, and reservists under martial law; violation of military discipline. It is worth noting that the deputies of the Verkhovna Rada of Ukraine quickly voted on changes to the current legislation (criminal, administrative, and labor), which should contribute to the improvement of military discipline among military personnel and persons equal to them. Thus, criminal and administrative responsibility for violation of military discipline has been increased. Among the innovations regarding criminal liability under martial law, we are talking about failure to comply with the orders of commanders (supervisors) and committing other illegal actions of a criminal nature. It should be noted that the analysis of the amendments made to the Criminal Code of Ukraine, as well as the Code of Ukraine on Administrative Offenses and other legislative acts in terms of the liability of military personnel, requires clarifications regarding the limitation of the court's application of mitigating circumstances to military personnel. Therefore, legislators have amended Article 75 of the Criminal Code of Ukraine. According to it, it was not possible to impose criminal punishment with a probationary period for persons who committed acts of corruption. Today, it cannot be done military personnel. This may mean that military personnel have been equated with corrupt officials. The issues regarding the examination of military personnel for being under the influence of alcohol, narcotic substances, and medical drugs that affect attention and reaction speed remain debatable. It is worth noting that the inspection (for exposure to any substances) will be carried out using special technical means and tests, the requirements for certification of which are absent. In addition, the inspection can be carried out by persons who do not have special training. In a medical institution, a serviceman can only appeal the results of such an examination, which is the basis for disciplinary action (which leads to the serviceman's loss of part of the monetary allowance). At the same time, the amendments adopted by the legislator are intended to improve the state of military discipline among military personnel and equivalent persons under martial law in compliance with the rule of law and justice.