Prosecutorial oversight of administrative offenses against military service is to be strengthened.
“Operative Information Center-OMM” reports that amendments to the Code of Administrative Offenses have been proposed.
The draft was discussed at a meeting of the Milli Majlis (National Assembly) Committee on Legal Policy and State Building today.
It was noted that under current legislation, when military personnel of the relevant body commit administrative offenses against military service, an authorized official is only required to notify the military prosecutor in writing.
The proposed bill would require copies of relevant decisions and protocols to be sent to the military prosecutor. It would also authorize the prosecutor to take appropriate action and issue decisions concerning those documents.
Since the prosecutor would be empowered to issue decisions on the above-mentioned administrative offenses, an amendment to Article 54.6 of the Code of Administrative Offenses is proposed to ensure the prosecutor’s participation in hearings on those cases.
The provision states that copies of decisions and protocols issued by authorized officials of the body designated by the relevant executive authority, concerning administrative offenses against military service committed by that body’s military personnel, must be sent immediately to the relevant military prosecutor. After reviewing the documents, the military prosecutor will issue written instructions if there are legal grounds to do so.
It was emphasized that the military prosecutor will have 30 days from receipt to review the legality and validity of an authorized body’s or official’s decision refusing to initiate administrative offense proceedings, or a decision terminating such proceedings. If the prosecutor determines that the decision is unlawful or unfounded, they may revoke it and issue a relevant decision, draw up a protocol, or return the case materials to the authorized body or official for reconsideration of the information about the administrative offense.
It was also stated that, when materials are requested from the authorized official who issued the relevant decision or ruling as part of the review, they must be submitted to the military prosecutor within one day.
The bill also proposes that, taking into account the particular nature of military personnel’s duties, cases involving administrative offenses punishable by administrative arrest be heard within 15 days, rather than immediately or within 48 hours.
