This reminds me of a real-life case. A junior sergeant, while riding in a military vehicle, had a collision at an intersection. The inspectorate issued a report, but the unit commander decided that the case was not worthy of disciplinary action. The Violation of military , having reviewed the materials, imposed a fine, but did not deprive the driver of his driving privileges. Such interaction between different subjects shows how important it is to understand the limits of each party’s competence.
There is another category of offenses that relate to discipline, but are of an administrative nature. For example, this is Art. 173 of the Code of Administrative Offenses – petty hooliganism . Cases when military personnel violate public order or succumb to the temptation to drink alcohol in public places are also regulated by both administrative and disciplinary norms.
Order No. 604 of the Ministry of Defense of Ukraine clearly establishes the procedure for commanders:
within ten days after receiving materials about the offense, they job function email list must notify the Military Law Enforcement Service of the measures taken. These can be Violation of military both reprimands and more serious penalties. But what to do if the commander abuses his powers? Here the principle of judicial control already comes into effect.
Foreign experience: what can be adopted?
The experience of other countries shows that such a mixed system of liability is widespread. For example, in the USA, military personnel who have violated the law may fall under the jurisdiction of both civilian and military transmit yourself to him and courts. It all depends on the nature of the offense. For example, for traffic violations, military units may restrict access to official vehicles, while the court imposes fines.
In Germany, the principle of proportionality applies:
if the offense is not serious, the commander has complete freedom to decide the matter within the scope of disciplinary action. However, for serious offenses, such as driving under the influence of alcohol, a court hearing is mandatory.
How to find balance?
The domestic system is still in search of the perfect balance. And although the legal framework seems clearly defined, in practice much depends on the human factor – the commander, inspector or judge. As a lawyer, I often see how important it is to azb directory know your rights and not be afraid to defend them.