ChenykayevA. Actual Problems in Application Legislation Ukraine Cabout Military-Administrative Offenses: Constitutional Aspect

The defence of Ukraine and the protection of its sovereignty, territorial indivisibility and inviolability, are entrusted to the Armed Forces of Ukraine (Art. 14. p. 2). The army is a specific but very important part in mehanizm of Ukraine. High moral and psychological position of army, proper discipline and the rule of law are one of the main things at the stage of state-building. And vice verca different negative effects can undermine defense capabilities of the state. As Ukrainian army and military units that are created according to the Ukrainian legeslation increased different violations of law, violations of military discipline increased too. Drunkenness has spread. According to this problem VerhovnaRada of Ukraine has reacted. On 5 th of January
2015 the new law was adopted «On amendments to the law of Ukraine about strengthening of responsibility to soldiers, giving their commanders additional rights and obligations in a special period» № 158-VIII. This law took effect on 5 of March 2015.
In the article you can see some problems of using on practice legeslation about militaryadministrative offenses. In constitutional law aspect authors analyze the meaning of the last legeslation novels which are directed on strengthening of responsibility of soldiers, providing the rule of law and military discipline. Also authors pay attention on terms of administrative arrest of soldiers who were drunk, the begining of terms and othets. The authors think that the idea about terms doesnt work when
there is an arrest drunk of a special subject – a soldier. There can be possible a competition between Code of Administrative Offences with some articles of the Criminal Code in part of qualification actions of soldiers as an offence. Stresses on not fully realization by judical body difference between the institute of administrative detention and the institute of keeping in presidio. The last has its own specifics. For judges of the courts of genersl jurisdictions military administrative and military
criminal offences are the new subjects for themAlso, in account must be taken specificity of military affairs. It doesnt meant to have Soviet practice of functioning specialized military courts. Obviously, that in future the courts of general jurisdictions will specialized fully on such categories of cases.