ABUSE OF POWER AND OFFICIAL POSITION BY A MILITARY OFFICIAL IN THE CONDITIONS OF A SPECIAL PERIOD AND MARTIAL LAW

Abstract

The features of holding military officers administratively liable for abuse of
power and official position during a special period and under martial law have
been analyzed. A classification of military administrative offenses has been
provided, contributing to a more effective approach to regulating the
administrative liability of military personnel. The composition of the
administrative offense "abuse of power or official position by a military officer"
has been defined.
It has been established that the legal status of military personnel,
particularly their administrative and legal status, significantly differs from the
general legal status of a citizen. This difference manifests in the possibility, and
more often the inevitable necessity, of transforming their general responsibility
into specific, special responsibility. Historically, to ensure the country's defense
capabilities and maintain order in the military sphere, the jurisdiction of civilian
authorities has been limited, applying to military personnel only for certain
administrative offenses.
The understanding of concepts such as "abuse of power", "abuse of authority" and "abuse of rights" has been examined, and the interrelationship
between them has been identified. Judicial practice concerning the abuse of power
or official position by military personnel has been analyzed, identifying forms of
such abuse – illegal use of subordinate military personnel for tasks not related to
military service during martial law, and misuse of military property.
It has been determined that abuse of power and official position by military
personnel is often difficult to detect and prove due to the peculiarities of military
structures and the specific nature of activities under martial law.