On the issue of the restoration / creation / functioning of military justice, the system military courts, military court proceedings

The practical significance of theoretical concepts in the field of military law, taking into account an expanded understanding of the subject of its regulation, lies in the system-forming influence of their content on other categories, normative design and practice of state-building. Thus, the mainstream of modern discourse is the issue of restoration / creation / functioning of military justice, the system of military courts, military court proceedings. The initial elements of the discussion on the practical implementation of certain concepts of the system of military justice, the system of military courts, the implementation of military justice are considered to be the determination of the relevant methodological and theoretical and legal foundations, both by scientists of general theoretical specialization and by industry specialists. An important aspect is the determination of the legal nature of these bodies, taking into account the democratic, legal standards of the formation of all components of state power and the involvement of the entire Ukrainian society in the sphere of state security and defense. The system of military justice and the structure of military courts must correspond to the general vector of progress of Ukraine as a democratic, legal state. There are various, partly controversial, approaches to the restoration / creation / functioning of military justice. The discussion about the need to restore the institution of military courts in Ukraine has been going on since 2014. A cursory analysis of the scientific and practical discourse shows that three conditional approaches can be distinguished: restoration of the concept of military courts of the previous model of garrisons; introduction of specialization of judges in considering relevant cases; creation of a system of military courts in the structure of the system of judicial authorities of Ukraine, taking into account the progress of Ukraine as a democratic, legal state. Today's challenges require decisions to be made on the implementation of: a competent approach to the consideration and resolution of criminal cases against military personnel (reservists and those liable for military service); cases with their participation as parties in administrative justice in resolving public-law disputes with subjects of public authority exercising public-law management functions in the field of defense; cases on social and legal protection of military personnel, war veterans and their family members. Integration of military courts into the national judicial system and the system of judicial authorities should be carried out in accordance with the Constitution of Ukraine and the current laws of Ukraine. Formation of military courts can be carried out within a short period of time, in accordance with Art. 128 of the Constitution of Ukraine and making "point" changes to sectoral laws. Courts can be formed at the expense of the existing personnel of the active army and judges with military experience. The base for the deployment of military courts can be the premises of former military courts. Material and technical support is possible at the expense of the property of courts that have suspended their activities due to hostilities. The creation of military courts should ensure rapid, competent, professional consideration of the relevant categories of court cases and, first of all, the protection of the rights and interests of military personnel.

military justice; system of military courts; military court proceedings