Determinants of legal nihilism of servicemen in the system of legislation: a practical study

Abstract

Background. The article examines the phenomenon of legal nihilism among servicemen of the Armed Forces of Ukraine under the legal regime of martial law. The relevance is driven by the critical increase in cases of unauthorized abandonment of a military unit (hereinafter – Absent Without Official Leave, AWOL), which destabilizes the combat effectiveness of units. Drawing on the conceptual foundations of the classification of offenses developed, the authors analyze legislative flaws that act as key determinants of the distortion of the legal consciousness of combatants. The purpose of the article is to substantiate the transition from a repressive criminal model to a human-centric administrative and service-oriented approach.

Methods. The study is based on a dogmatic analysis of the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses (CUAO), analysis of current AWOL statistics, and monitoring of law enforcement practice. A comparative legal method was used to evaluate the effectiveness of criminal sanctions versus administrative penalties in the context of maintaining military discipline.
Results. It is established that the current versions of Art. 407 of the Criminal Code and Art. 172-11 of the Administrative Code create conditions for "forced criminalization" of the servicemen due to the lack of a flexible boundary of liability during wartime. The norms of Law No. 3902-IX are critically analyzed, where delegating to commanders the subjective right to release a person from liability is identified as a factor of legal voluntarism. The authors concept of "Smart Administrative Liability" is proposed, involving automated fines via digital ecosystems (Diia, Rezerv+).
Conclusions. It is proved that systemic imperfection of legislation is the primary determinant of legal nihilism. The introduction of automated administrative procedures and the implementation of a territorial recruitment principle would not only reduce the level of offenses but also free substantial human resources within the law enforcement system, thereby strengthening frontline capabilities.