The system of military justice of Ukraine is a concept that is of exceptional importance for the legal support of national and military security, especially in the context of repulsing Russian aggression against Ukraine. The theoretical and applied foundations of the military justice system are formed in the context of the development of the national legal system and at the same time are directly dependent on the formation and organization of the security and defense sector. The legal and military policy of the state are combined in the implementation of the concept of the military justice system, which forms an important area of jurisprudence development, as well as social relations in the military sphere, governed by the norms of military law and reflected in the activities of the military justice system. The purpose of the study is to determine the ontological basis for the formation of the military justice system of Ukraine as an urgent scientific problem and the prospects for its solution in the context of the crisis of the world legal order provoked by the aggression of the Russian Federation against Ukraine. The study was carried out using a system of modern methods, among which the historical and legal, dialectical, teleological, comparative and analytical, sociological, prognostic and hermeneutical methods are important for achieving this goal. The use of an interdisciplinary approach along with the systematic scientific approach made it possible to reveal the peculiarities of the operation of law in the military sphere, the importance of the military justice system for legal support of the state defense, protection of rights and freedoms of servicemen and members of their families. The combined institutional and functional approach provided an objective reflection of the institutional characteristics of the military justice system aimed at implementing the function of justice in the defense sphere, while simultaneously addressing the task of ensuring military security. The system of military justice is considered as a legal system that depends on the peculiarities of the national legal system and military policy of the state, the content of which includes regulatory, institutional, organizational components that form, respectively, legislation, law enforcement and justice institutions (military police, specialized military prosecutor's office, military courts, specialized institute for providing free primary and secondary legal aid to servicemen, reservists and persons liable for military service during training, as well as to their families), competent professional and legal culture, as well as law enforcement and justice procedures. The effective solution to the task of establishing the military justice system of Ukraine is determined by the need to ensure national and military security in the context of Ukraine's European and Euro-Atlantic integration, post-war recovery and development.
defense, military security, military law, military justice
https://doi.org/10.31359/1993-0909-2024-31-2-96
Retrieved from Journal NALSU №2, 2024 year
Pages 96-113