REGARDING THE ISSUE OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY DRIVERS WHO LEAVE THE TERRITORY OF UKRAINE THROUGH THE ‘SHLIAKH’ SYSTEM DURING MARTIAL LAW

This article aims to highlight the legal gaps in bringing to administrative liability the individuals who ensure the delivery of humanitarian cargo and medicines to Ukraine during the martial law regime. The article investigates the development of volunteer movements and charitable activities that strive to cover the humanitarian needs of our country, which emerged as a response to the russian federation's aggression. The author addresses the issue of mobilization evading by negligent individuals, using such activities as a cover-up for unauthorized departure from the territory of Ukraine. The article presents statistical data on the number of people who left the territory of Ukraine during the period of martial law. The author compares various grounds for issuing exit permits abroad. The author analyzes the general mechanism of the state border crossing procedure by drivers who deliver humanitarian cargo and medicines to Ukraine under the martial law legal regime as well as the permitted periods of stay for such individuals outside the territory of Ukraine. The author brings up the case of unresolved issues related to data entry by military administrations into the ‘Shliakh' information system. Lack of jurisdiction correlation between the Ministry of Infrastructure and military administrations. The author characterizes the weakness of interaction between the State Border Guard Service of Ukraine and other authorities, making decisions on permission to leave the territory of Ukraine for the mentioned above individuals, and the lack of a clear correlation between these processes. The author outlines the problems in issuing exit permits abroad, which fosters the development of corruption elements. Article highlights the problematic nature of serving a subpoena to a territorial recruitment center or a mobilization order in the context of the current legal framework, which enshrines the duty of citizens to defend the Motherland, the mechanism regulating the performance of the duty to defend the Motherland and the obligations of citizens subjected to mobilization. The real reasons for crossing the border under the guise of volunteer drivers are analyzed in the article. Tasks of the ‘Shliakh' information system are defined. The article outlines the substantive and organizational and legal areas for improvement of operational and service activities of The State Boarder Guard Service of Ukraine on the issues of combating violations of the order of entry into and exit from territory of Ukraine. The author suggests a regulatory differentiation of the functions between the Ministry of Infrastructure, military administrations, and the State Border Guard Service of Ukraine and a number of amendments to the current legislation related to the raised issues for improving legal responsibility according to the national law system.