CRIMINAL LEGAL ASSESSMENT OF THE ACTIONS OF THE EMPLOYEES OF THE TERRITORIAL RECRUITMENT CENTERS DURING THE DELIVERY OF SUMMONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 73)Publication Date: 2024-03-31
Authors : Vynnyk Anna;
Page : 83-89
Keywords : martial law; criminal offence; criminal liability; military duty; mobilisation;
Abstract
The promotion of military service, especially in times of war, is one of the most important areas of public policy. At the same time, democratic societies are distinguished by the observance of fundamental human rights and freedoms, regardless of the turbulent conditions of their existence. Therefore, today, when we are dealing with manifestations of medieval methods of establishing power and seizure of internationally recognised territories of our state by the Russian Federation, it is the way the existing state institutions respond to this armed aggression, what political, economic and social transformations are taking place in our country, as well as the methods used to achieve certain political goals that reveal the answer to the question of whether Ukraine belongs to the world democracies. The study found that the outbreak of a full-scale invasion rightly brought the issue of the duty to defend the homeland to the forefront. And in the first months and perhaps even a year of the war, this duty of a Ukrainian citizen was not accompanied by any problems. Lines of volunteers and the use of military reserves did their job in the fight against Russia. However, over time, the situation has changed radically. The exhaustion of personnel, losses, as well as the duration of hostilities and the future uncertainty of the situation on the battlefield, led to a partial change in public attitudes towards mobilisation. This is where, in contrast to the unwillingness of Ukrainian citizens to fulfil their duty and join the ranks of the Armed Forces, the relevant state institutions began to abuse this issue. However, while the issues of desertion, evasion of mobilisation and flight abroad for this purpose were quickly addressed by law enforcement and judicial authorities, other problems involving representatives of state bodies remain little discussed in society and are actually taboo in the academic environment. The central and growing problem is the issue of violation of the procedure for serving subpoenas, accompanied by the use of force and other similar abuses. The ethical side of this issue is undoubtedly a component of the silence, which is also accompanied by the difficulties of legal assessment of the facts of such actions due to the enemy's numerous information and psychological operations in this regard. At the same time, the correct and, most importantly, timely response of the state to this problem is underestimated, because its consequences will be important in at least two aspects. First of all, it is the actual solution of this problem, for example, by expanding the rights of employees responsible for mobilization, which we can already observe during the process of adopting a new law on mobilization. In addition, and no less importantly, solving this problem will deprive the enemy of the opportunity to use such behavior to destabilize our society.
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