Year: 2024
Type: article
Abstract: The article is devoted to the formation of the author’s vision regarding the definition of the concept of a military administrative offense, as well as establishing its characteristic features. In order to clarify the essence and establish the characteristic features of military administrative offenses, the meaning of the terms, which are broader in terms of content, namely «offense» and «administrative offense», was revealed. The etymology of the word «offense» is defined and the scientific viewpoints of some researchers regarding its interpretation are given. Particular attention is devoted to the study of scientific approaches to the identification of signs of an administrative offense. The author’s vision for the definition of a military administrative offense is proposed, which is understood as an illegal, culpable (intentional or negligent) act (in the form of action or inaction) that interferes with the legally established procedure for completing military service, committed by a special subject (military serviceman, conscript by a reservist during training) and for which administrative penalties are imposed in the form of a fine or arrest with detention at the guardhouse. Signs of military administrative offenses are classified into: general, which characterize all administrative offenses without exception (commitment in the form of action or inaction, illegality, guilt, punishment, public harm); special, that is, inherent exclusively to military administrative offenses (the special object of the offense, which is the legally established procedure for completing military service; the special subject of the offense, which can be a military serviceman, conscript, reservist during military service; the specifics of administrative sanctions in the form of fine or arrest with custody, etc.).
Source: Scientific Notes Series Law
Author: Mykhailo Moisieiev
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401392568