Legal principles of functioning of the military justice bodies of Ukraine: formulation of scientific objectives in service and combat activity
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 2, Issue 2
Abstract
Complex social and military situation prevailing today in Ukraine has extremely negative impact on national security. Antiterrorist operation in some regions of Donetsk and Lugansk regions led to numerous casualties among the personnel of military units and special law enforcement forces as well as to civilian casualties. Conducting military operations revealed a number of new issues, including discipline of military personnel, the loss of military property, violation of the field manuals of the Armed Forces of Ukraine, military offenses and crimes, and so on. Thus the current situation in Ukraine shows the incompetence of the civil courts and prosecutors to effectively and quickly consider and resolve military cases. We add that the lack of professional inquiry and investigation organs proves the lack of an effective mechanism for the prevention, detection and investigation of military offences and war crimes. Analysis of the main regulations, declaring the issues of security and defense sector development (National Security Strategy of Ukraine, the Military Doctrine of Ukraine, the Concept of developmet of the security and defense sector of Ukraine, Strategic Defense Bulletin of Ukraine) found that particularly important are the following: the task of thorough legal base elaboration concerning national security and defense of Ukraine, military security, functioning and development of the security and defense sector by providing legal support of reforms and changes to the laws of Ukraine and other regulations. The article is to study the legal and regulatory rules for the military justice authorities of Ukraine regarding the service and combat activities of military units and special law enforcement forces and justification for further scientific research. According to the experience of the activities of military justice authorities abroad, the creation of a military police and rebuilding of the military prosecution and military courts is a prerequisite for building of an effective military justice of Ukraine. The National Security Strategy of Ukraine and the Strategic Defense Bulletin of Ukraine already provide the transformation of the Law Enforcement Military Service of the Armed Forces of Ukraine into the military police, but now the process is under reform and the formation of military prosecution is ongoing. In the absence of a comprehensive study of legal and regulatory rules for the military justice authorities of Ukraine regarding the service and combat activity of law enforcement forces and under the statements of the National Security Strategy of Ukraine, Strategic Defense Bulletin and the current situation in southeastern part of Ukraine, the relevence of the topic is doubtless. These issues require to conduct a separate research and to develop the theoretical and practical recommendations on improvement of the legal principles of functioning of Military Justice of Ukraine concerning the service and combat activity of law enforcement forces.
Authors and Affiliations
Anna Byzova
Keywords
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