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Legal and Administrative Strategies for Addressing Military Administrative Offences within the Personnel of the State Border Guard Service of Ukraine Kushnir, Yaroslav
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.46338

Abstract

This study examines the role of the State Border Guard Service of Ukraine in preventing administrative military violations during the ongoing state of martial law. The research emphasizes the growing importance of optimizing the efficiency and functionality of border control agencies amid heightened security challenges. Using a qualitative research method with a juridical-normative and comparative approach, the study explores legal frameworks, institutional practices, and foreign experiences to identify best practices for Ukraine. Using a literature review, legal documents, government decrees, and international conventions on border protection are systematically reviewed to determine the legal basis and administrative procedures governing preventive measures. Meanwhile, the comparative qualitative analysis involves examining case studies from other countries that have implemented effective systems for preventing administrative offenses in border services. In addition, qualitative interviews with border officials, legal experts, and defense policymakers were conducted to gain practical insights into the challenges faced in enforcing administrative discipline under martial law. The findings reveal that while Ukraine has a solid legal foundation for border protection, gaps remain in coordination, documentation, and personnel training. Drawing on both domestic and international perspectives, the study identifies adaptable mechanisms to enhance the efficiency of combating administrative and military offenses. Ultimately, this research offers policy recommendations to improve preventive measures, strengthen legal accountability, and ensure that Ukraine’s border security system remains resilient, transparent, and compliant with international norms during periods of military emergency.
International experience in preventing violations by border guard authorities: The case of EU member states Kushnir, Yaroslav
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50964

Abstract

The relevance of this study is determined by the growing role of border services in preventing offenses amid the evolving security environment of the European Union and the implementation of integrated border management. For Ukraine, critically analyzing international experience is essential due to the ongoing armed aggression of the Russian Federation and institutional differences in its law enforcement system, which make full adoption of EU models impractical without considering national realities. The study aims to examine international practices in crime prevention within the law enforcement and administrative-jurisdictional activities of border services in EU member states bordering Russia, to identify possibilities and limits for adapting these practices to the State Border Guard Service (SBGS) of Ukraine. The object of the study is the social relations formed during law enforcement and administrative activities in crime prevention under integrated border management. Using comparative, formal, structural-functional, and systemic legal analysis, the study examines the concept and content of crime prevention, the role of integrated border management, and the functions of Frontex and EU acquis standards in forming common security approaches. Practices in Poland, Finland, Lithuania, Latvia, and Estonia are analyzed, highlighting differences in pre-trial investigation, procedural coercion, and migration policy. Mechanical transfer of EU models to Ukraine is deemed ineffective and risky under martial law. Instead, selective adaptation of functional elements—risk analysis, interagency coordination, and analytical tools—can enhance SBGS operations while maintaining existing power structures. Promising areas for adaptation include risk-based analytics, preventive measures, and coordinated operational practices, ensuring effective crime prevention in Ukraine.