Administrative detention of conscripts and reservists: problematic matters of legal framework

The article is dedicated to problematic matters of legal framework for administrative detention of conscripts and reservists, as well as to general directions of its improvement. The relevance of the study stems from the fact that the legislative rules for calling-up conscripts and reservists, their administrative detention and delivery to recruitment centers are not consistent with either the constitutional or the international standards relating to the right to liberty and personal integrity. The research methods include, in particular, the formal legal method, methods of analysis and comparison, etc. A gap in the legal framework for administrative detention is the determination of legal consequences of expiration of its maximum term, as well as of other violations of the procedure for administrative detention. This deficiency has a particularly adverse effect on the level of protection of the rights of conscripts and reservists who have been subjected to administrative detention. Conceptual areas for improving the quality of legal regulation of administrative detention of conscripts and reservists include, among other solutions, consolidating the specifics of its grounds and procedure at the level of subordinate regulatory legal acts, properly ensuring that detained conscripts and reservists have the opportunity to exercise their right to legal assistance and to appeal their administrative detention. In addition, thelegal consequences of the expiration of the maximum term of administrative detention of conscripts and reservists, as well as other violations of the procedure for administrative detention, should be determined. These consequences should include the immediate release of conscripts and reservists from the premises of territorial recruitment and social support centers, which will additionally stimulate their leaders to promptly resolve the issue of whether there are grounds for conscripts and reservists to be called up for military service during mobilization and the implementation of the relevant decision.