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MILITARY JUSTICE OF UKRAINE: PROBLEMS OF DETERMINING THE BODIES THAT GOVERN THE CONSTRUCTION OF ITS SYSTEM

Authors :
Niebytov Andrii
Matviychuk Valeriy
Mykytchyk Oleksandr
Slavna Oksana
Source :
Access to Justice in Eastern Europe, Iss 5 (13), Pp 203-218 (2022)
Publication Year :
2022
Publisher :
VD Dakor, 2022.

Abstract

The article focuses on the current issue of creating a military justice system for modern law enforcement practice. Based on the idea of military justice as a system of bodies, its composition, in the authors' opinion, should include: (1) the body that carries out the pre-trial investigation and/or supports law and order; (2) the body which oversees legality; (3) military courts. In the article, the authors consider the genesis of the functioning of each of the bodies mentioned above, which, in their opinion, should be part of the military justice system, and emphasize that the idea of creating a system of military justice in this completed form was constantly discussed among scientists and practitioners. However, after Russia's armed aggression against Ukraine began, it ceased to be an idea and should be implemented soon. Considering proposals for the creation of a pre-trial investigation body, which should investigate criminal offences committed by military personnel or other persons belonging to the armed formations as the first stage in the system of criminal justice bodies, the authors give a list of existing risks, which, in particular, include their subordination, which should not affect the independence and impartiality of the investigation. Despite some turbulence in the legislative regulation of the work of the military prosecutor's office in Ukraine, this body, with different names, structural construction, subordination and staffing for a long time, in accordance with the system of the law, carried out the pre-trial investigation of war crimes, supervision over the legality of pre-trial investigation bodies and procedural management of the investigation. Particular attention in the article is paid to arguments supporting the opinion on creating a system of military courts. The reasoning is strengthened by the appeal to the Memorandum of the Council of Europe on military courts and the experience of the functioning of military justice in Switzerland, Poland and Spain.

Details

Language :
English
ISSN :
26630575 and 26630583
Issue :
5 (13)
Database :
Directory of Open Access Journals
Journal :
Access to Justice in Eastern Europe
Publication Type :
Academic Journal
Accession number :
edsdoj.9ac7f12654c388fadce7bab72c279
Document Type :
article
Full Text :
https://doi.org/10.33327/AJEE-18-5.3-n000323