Історія зародження та правове регулювання військової прокуратури на українських землях у XVII- XX ст. / The History of Origin and Legal Regulation of the Military Prosecution Units in Ukraine in the XVII-XX Centuries
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 48, Issue
Abstract
In this paper the author reviews the history, organization and legal regulation of subjects that perform the functions of the military prosecutor's in Ukraine during the Cossack era, the Russian Empire, and the first decades of the existence of the USSR. The topic of the paper is urgent due to the restoration of the activity of the military prosecutor's office in Ukraine in 2014. In this regard, the scientific interest is the experience of the functioning and legal regulation of entities that served as military prosecutors in different historical periods. Such subjects were: Cossack officers, military auditors, military fiscals, krieg-commissars, military prosecutors and naval prosecutors. Particular attention was devoted to the organization of military courts, with which it is necessary for the subjects to interact. In addition, a number of normative acts of the relevant period and historical researches were analyzed. This activity helped to show the organization and powers of the bodies that performed the functions of the prosecutor's office. The paper emphasizes that strengthening of law and discipline in the armed forces directly enhances their combat effectiveness. This opinion was repeatedly supported by governments in different historical periods. Independence is a key principle in the organization and implementation of its functions by the military prosecutor's office. This is confirmed by historical events. Particularly important is the independence of the military prosecutor's office from military commanders. Prosecutors should be free to evaluate the legality or illegality of commander`s actions. The author concludes that the military prosecutor's office was the kind of specialized prosecutor's office which existence was rather stable and even continuous. This is due to the following circumstances: the discrepancy between the structure of the armed forces and other military formations from the administrative-territorial system of the state; a significant number of armed forces, as well as - servicemen of other military formations, employees engaged in providing defense; specific of military service, specific regulations, the need to acquire a sufficient level of military technical knowledge, and the ability to work closely with servicemen. All this require to have specialized subjects working in this field.
Authors and Affiliations
Yuriy Yeremenko
Keywords
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