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The System of Military Justice in Ukraine in a War

А.В. Лапкін

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Abstract

In Ukraine, there is no complete system of military justice. The development of the military justice system of Ukraine shows a gradual course towards demilitarization. This course has changed since 2014, however, the changes aren’t deep and systematic. Therefore, a revival of the military justice system should be considered as a temporary measure. It is necessary to provide a possibility of its drawdown with the end of Russian-Ukrainian War.The military justice system should be built based on the following concept: the body car-rying out operational search activity and prejudicial investigation of war crimes—the body carrying out criminal prosecution on such crimes—the body considering actual cases on such crimes. This concept corresponds to the following system of military justice: military police—military prosecutor’s office—military court.The reform of the military justice system has to take place comprehensively. Reforms of the military police, the military prosecutor’s office and the military court have to be harmonized in regard to their competence and interaction. To this end, a uniform concept of reforming the military justice system in Ukraine has to be developed. Scholars, repre-sentatives of various bodies of military justice and military management, public figures and foreign experts should take part in its creation.

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In Ukraine, there is no complete system of military justice. The development of the military justice system of Ukraine shows a gradual course towards demilitarization. This course has changed since 2014, however, the changes aren’t deep and systematic. Therefore, a revival of the military justice system should be considered as a temporary measure. It is necessary to provide a possibility of its drawdown with the end of Russian-Ukrainian War.The military justice system should be built based on the following concept: the body car-rying out operational search activity and prejudicial investigation of war crimes—the body carrying out criminal prosecution on such crimes—the body considering actual cases on such crimes. This concept corresponds to the following system of military justice: military police—military prosecutor’s office—military court.The reform of the military justice system has to take place comprehensively. Reforms of the military police, the military prosecutor’s office and the military court have to be harmonized in regard to their competence and interaction. To this end, a uniform concept of reforming the military justice system in Ukraine has to be developed. Scholars, repre-sentatives of various bodies of military justice and military management, public figures and foreign experts should take part in its creation.

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Available abstract

In Ukraine, there is no complete system of military justice. The development of the military justice system of Ukraine shows a gradual course towards demilitarization. This course has changed since 2014, however, the changes aren’t deep and systematic. Therefore, a revival of the military justice system should be considered as a temporary measure. It is necessary to provide a possibility of its drawdown with the end of Russian-Ukrainian War.The military justice system should be built based on the following concept: the body car-rying out operational search activity and prejudicial investigation of war crimes—the body carrying out criminal prosecution on such crimes—the body considering actual cases on such crimes. This concept corresponds to the following system of military justice: military police—military prosecutor’s office—military court.The reform of the military justice system has to take place comprehensively. Reforms of the military police, the military prosecutor’s office and the military court have to be harmonized in regard to their competence and interaction. To this end, a uniform concept of reforming the military justice system in Ukraine has to be developed. Scholars, repre-sentatives of various bodies of military justice and military management, public figures and foreign experts should take part in its creation.

Key concepts: Military justice, Military science, Military theory, Revolution in Military Affairs, Ukrainian, Military threat, Political science, Law

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