Administrative Liability for Offences under Art. 178 of the Code of Ukraine on Administrative Offences during Martial Law: a Theoretical and Practical Analysis
Abstract
Abstract. The article provides a comprehensive theoretical and practical examination of administrative liability for offences stipulated in Article 178 of the Code of Ukraine on Administrative Offences, taking into account the specific legal conditions of martial law introduced as a result of the armed aggression of the Russian Federation. It is emphasized that being publicly intoxicated or consuming alcoholic beverages in prohibited areas during wartime represents an increased public danger, as such behaviour may lead to violations of curfew restrictions, hinder timely responses to air-raid alerts, and create additional risks for public safety and social stability. The article analyses the dynamics of such offences in 2022–2024, demonstrating a significant rise in their number, particularly in regions located near active combat zones. Special attention is paid to the activities of the National Police of Ukraine related to detecting, recording, and documenting these offences, highlighting key challenges such as the formal nature of administrative protocols, insufficient use of video recording, and difficulties in establishing repeated violations. The study also examines recent case law from the Unified State Register of Court Decisions, which indicates a tendency toward stricter judicial assessment of alcohol-related misconduct under martial law and heightened evidentiary requirements. Based on a comparative review of regulatory approaches in Poland, Lithuania, and Germany, the article proposes directions for improving Ukrainian legislation and law enforcement practice, including clarification of prohibited public areas, increased sanctions, mandatory video documentation, and expanded preventive powers of the police. The research concludes that there is an urgent need for a comprehensive modernization of state policy aimed at counteracting alcohol-related offences during martial law and strengthening mechanisms for ensuring public order and safety.
Keywords: administrative liability; public order; alcohol intoxication; martial law; National Police; administrative offence.
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