THE LIABILITY FOR DAMAGES OF MILITARY SERVICEMAN’S
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 8
Abstract
Problem setting. In connection with the adoption at the time of independence of Ukraine, a special legislative and normative acts on the issues of liability for damages of military serviceman’s and peculiarities of the legal status of military property and the order of military service, study these issues became the subject of scientific research today. Any military organization is a specific, but because of the discipline it is one of the main principles of normal functioning. It requires a correct, clear and accurate execution of all instructions or orders from their peers. In addition, the discipline of the personnel is one of the most important conditions of combat readiness of the military organization. It includes how the relationship between the commander (chief) and subordinates and soldiers in the absence between them relations of subordination. The purpose of this article is to study the scope of liability in labour law on the example of military serviceman’s of the Armed Forces of Ukraine. Analysis of recent researches. Issues of legal liability of servicemen highlighted in the Ukrainian legal science in the works of M. V. Belokoneva, Yu. V. Bilousova, V. S. Venediktova, E. V. Dodina, G. G. Zabarnogo, R. A. Kalyuzhnogo, O. V. Kuznichenko, M. V. Makuhinoyi, A. F. Moti, N. R. Nizhnik, V. A. Plevi, S. D. Rusu, L. I. Surovskoyi, N. I. Chudik-Bilousovoyi and others. Article’s main body. In case of nonperformance or improper performance of military personnel of their duties may be subject to administrative, financial and criminal penalties. Liability is a separate form of legal liability, expressed in voluntary or compulsory execution of the guilty person in the statutory rate and the order of responsibility for damages caused to the property of the owner. Involvement officer to liability is possible under the condition that caused the damage to military property is the result of his wrongful conduct and is associated with non-performance or improper performance of official duties. The conclusions. It should be noted that harm may be caused to the military property as when performing a lawful and unlawful order of the commander (chief) of a military unit. For damage caused by improper execution of the order, a soldier is not responsible, except in cases of exceeding their official powers in its execution. When determining the circumstances of the exclusion of liability of servicemen as in any sphere of professional activity service risk is characterized by disregard for the safety requirements stipulated by the law to achieve social goals that cannot be achieved by other means, not associated with risk. The risk may be justified if the risk-taking risks and not taken preventive measures according to their military duties. Keywords: the liability for damages, the military serviceman’s, property offense, labour relations, discipline.
Authors and Affiliations
Yurii Felenko
Keywords
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