Legal features of the military justice system of Ukraine: theoretical and applied aspect

Abstract

In the context of repelling Russian armed aggression against Ukraine, the issues of legal support of Ukraine's national security in general and military security in particular have become significantly more relevant. Among such questions, the question of the formation and organization of the military justice system of Ukraine is of great importance. The concept of the military justice system of Ukraine provides for the use of the historical experience of Ukraine, which is not limited to the Soviet period of the national legal system, but is based on the entire complex historical path of the development of the military organization of the state from the Cossack period, the period of the Ukrainian People's Republic, from the time of independence from 1991, takes into account the Constitution of Ukraine European and Euro-Atlantic vector of development of modern Ukraine enshrined in its Constitution. The concept of the military justice system of Ukraine should correspond to world experience, existing international standards of justice in the military sphere (defense sphere) and be based on the peculiarities of the national legal system, its regulatory, institutional and organizational components in combination with the peculiarities of the formation and implementation of the military policy of the state. A special characteristic of the military justice system of Ukraine should be a competent legal culture, which has signs of a strategic legal culture and requires appropriate training of specialists in the conditions of military service. A feature of the military justice system is the subject area of activity and legal regulation, which is the area of state defense, and if more broadly, taking into account the provisions of the Law of Ukraine “On National Security of Ukraine” – the security and defense sector of Ukraine. The analysis of recognized international standards and national features allows us to define the system of military justice as a legal system that has special regulatory, specialized institutional components and operates using legal means and relevant legal procedures in the security and defense sector of the state to ensure justice and military security. The issue of the formation and organization of the military justice system of Ukraine is subject to urgent decision in the way of introducing legislative changes and transformation of the Military Service of Law and Order in the Armed Forces of Ukraine in the Military Police, formation of the Specialized Military Prosecutor's Office in the Prosecutor's Office system, military courts in the judicial system, specialized institute of providing legal assistance to servicemen, reservists, conscripts during military service.