Analytical note on issues of comparative legislation regarding disciplinary actions against military personnel in the North Atlantic Treaty Organization (NATO)

Published on 15 January 2024, 10:14

 Research Service of the Verkhovna Rada of Ukraine 

Abstract. The analytical note examines issues related to the legal regulation of ensuring military discipline and bringing servicemen to disciplinary responsibility in the NATO.

The relevant NATO standards and other normative documents, which introduce common basic principles of ethical behavior of military servicemen and personnel of the Alliance, establish general provisions on the system of disciplinary penalties, define common approaches used during disciplinary practice in the armed forces and governing structures of NATO member states are considered. In view of the above, the jurisdictional powers of the military police to take measures to ensure and maintain law and order and security, provided for by NATO normative documents, are also analyzed.

On the example of the member states of the Alliance, in particular the USA, Canada, Poland, Czech Republic the features of the legal regulation of the grounds and procedure for bringing to disciplinary responsibility of military personnel, the types of disciplinary penalties and the subjects of their application, the ratio of disciplinary and other types of liability are revealed - in a comparative context with legislative support disciplinary liability of military servicemen of the Armed Forces of Ukraine and other military formations.

Key words: NATO, military servicemen, Disciplinary responsibility, disciplinary action, ethical conduct, military police, Armed Forces of Ukraine.

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12/2023

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