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Benevolent Encroachments on Military Property: Constitutional, Administrative, and Criminal Characteristics
Sobko, Ganna
Kulyk, Lydmyla
Chekmaryova, Iryna
Budyachenko, Olga
Burangulov, Andrii
2024
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Abstract
For nearly two years, Ukraine has been in conflict with Russia, receiving support from European nations, the United States, and other distant countries to safeguard its sovereignty. The primary assistance involves financial aid and military equipment to deter the aggressor. This analysis focuses on Ukraine's current legislation regarding the protection of military property from theft by its servicemen. The article addresses the challenge in distinguishing between criminal and related administrative offenses, posing a threat of corruption within Ukraine's legal framework. The issue lies in the misclassification of theft involving military assets as administrative or disciplinary violations rather than criminal transgressions. The article delves beyond statutory examinations, systematically exploring infringements related to military asset use. It considers key documents such as the Statute of the Internal Service and the Disciplinary Statute of the Armed Forces, along with directives from the Ministry of Defense and the Ministry of Internal Affairs regarding the National Guard. Contradictions within the Ukrainian Constitution and Article 92, Clause 22, are also highlighted, emphasizing the need for legal clarity.
Source
Ganna Sobko, Lydmyla Kulyk, Iryna Chekmaryova, Olga Budyachenko & Andrii Burangulov, "Benevolent Encroachments on Military Property: Constitutional, Administrative, and Criminal Characteristics" in: "Etica & Politica / Ethics & Politics (2024) XXVI/3", EUT Edizioni Università di Trieste, Trieste, 2024, pp. 485-514
Languages
en
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International
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