ADMINISTRATIVE RESPONSIBILITY AS AN ELEMENT OF SERVICE AND LABOR RELATIONS OF THE COMMANDER OF THE NATIONAL GUARD OF UKRAINE

Abstract

The article reveals the features of administrative responsibility in the activities of the commander of the National Guard of Ukraine. It is established that administrative responsibility acts as a comprehensive legal mechanism for the state's response to various manifestations of administrative behavior. It is concluded that the administrative and disciplinary responsibility of NSU servicemen is closely linked, based on a comparative legal analysis of Article 15 of the Administrative Code and the disciplinary Charter of the armed forces of Ukraine. The concept of gross disciplinary offense is defined as an intentional action or omission of a serviceman committed contrary to the principles and tasks of the Armed Forces of Ukraine and other military formations with law enforcement functions, which resulted in causing significant harm to a person, society or the state, as well as an encroachment on the management organization of the National Guard of Ukraine.
It is proposed to supplement the procedure for conducting official investigations in the National Guard of Ukraine with qualifying signs of a gross disciplinary offense committed by a serviceman, which should include: the possibility of applying two or more types of legal liability to the offender; the commission of a disciplinary offense by the head of a military administration body; the commission of a disciplinary offense while serving in an outfit; the commission of a disciplinary offense by two or more military personnel; disciplinary offense related to the illegal use of physical force, special means or firearms by an NSU serviceman.