“In the eleventh year of the war, the feasibility of restoring military courts in Ukraine is increasingly discussing. The other day, the Army General Viktor Muzhenko wrote about it, who in 2014-2019 was the chief of the General Staff – Commander -in -Chief of the Armed Forces.”, – WRITE: www.pravda.com.ua
In the eleventh year of the war, the feasibility of restoring military courts in Ukraine is increasingly discussing. The other day, the Army General Viktor Muzhenko wrote about it, who in 2014-2019 was the chief of the General Staff-Commander-in-Chief of the Armed Forces. Moreover, in addition to the topic of military courts, he raises the theme of the military bar and reminds everyone that he emphasized this in 2017.
And those attorneys who went to the front to defend Ukraine support such an initiative.
In general, most of those servicemen who have I had to communicate with recent years believe that there is no alternative to military courts in the conditions of war and for a long time after it was completed. General Nazarov, who had his experience on the defendants’ bench, also said this until he was justified by the Supreme Court.
The thesis about the feasibility of restoring military courts in Ukraine can be justified by judicial statistics. Although everyone understands that society is sharply responding to the issues of mobilization, corruption, shortcomings in the organization of the work of military administration, violations of the rights of servicemen, HSF, mass violations of the laws and customs of war by Russian invaders. Society desires just peace, end of war, victory and justice for those who protect their homeland.
What do the numbers say?The data indicate that the number of normative legal acts concerning the military has increased significantly in the legal field of Ukraine, and the courts are considering tens of thousands of military court cases
- The President of Ukraine, the Government, the Verkhovna Rada of Ukraine, the state bodies since February 2022 to the present, about 280 thousand normative legal acts concerning servicemen, conscription, military property, military administration, military property, military property, military property.
- Over the last two years, more than 200,000 servicemen have been brought to administrative responsibility.
- About 20,000 servicemen have been prosecuted during a full -scale war during a full -scale war and about 100,000 such criminal cases are being investigated.
- More than 140 thousand war crimes committed by the Russians in Ukraine have been registered.
- Hundreds of thousands of appeals to lawyers regarding the design of delay from service, dismissal and conscription, treatment, VLK, appeals to the court to receive cash. According to the Unified State Register of Judgments, in 2024 alone, the courts have made more than 70 thousand procedural decisions in cases with the participation of the Tax Code.
These figures show that in general courts there was a specific category of cases, the solution of which requires specialized knowledge in military law, as well as experience of life and activity in the conditions of a military organization. Such experience and knowledge should ensure a qualified and fair resolution of military affairs. Due to a significant increase in military crimes, the High Council of Justice (the main constitutional body of judicial government) maintains the feasibility of introducing military justice in Ukraine.
In order to properly interpret the rules of law acting in the Armed Forces, to define the criteria for liability for their violation, to ensure rights and freedoms, social protection of a million servicemen and hundreds of thousands of war veterans, a specialized state structure must operate. A specialized state legal body that, in accordance with the Constitution of Ukraine, must defend the rights and freedoms of human and citizen (Article 55 of the Constitution of Ukraine). A military court can and should become such a body. This is also emphasized by the Secretariat of the National Security and Defense Council of Ukraine.
The same position is held by the Ministry of Defense of Ukraine.
NATO’s historical experience and experience is convinced that there are three units of military justice in Ukraine (several district military courts, the Military Court of Appeal and the Military Chamber of the Supreme Court) can organically fit into the structure of courts of general jurisdiction and the system of public administration of Ukraine.
Military courts are able to ensure proper judicial control over the activities of the Tax Code, military administration, law enforcement agencies at the forefront of the war, in the conditions of hostilities and maintaining the proper level of secrecy and military secrecy.
As of October 1, 2024, there are 4,988 judges in Ukraine, which is only 70% of the required number (6 631 positions). Thus, 29.6% of judicial positions remain vacant, which complicates the rapid and qualitative administration of justice in existing courts. At the same time, 3-4 million cases of all categories are resolved every year by judges of the general courts.
In total, according to statistics: about 7-8% of men in Ukraine are unsuitable for military service, and more than 20% are limited. At the same time, more than 50% of judges in Ukraine are women. Everyone can conclude how many judges served in the troops.
The absence in most judges of general jurisdiction of the experience of military service leads to a lack of understanding of the specifics of military legal relations, military statutes and conditions of service. In the face of a frantic burden on existing judges, the quality of consideration of military court cases may suffer, as these cases are often related to complex issues of military law, statutory responsibilities, combat conditions and moral and psychological challenges characteristic of martial law and hostilities . General courts, not having enough time to study the features of military relationships, relevant experience or knowledge of such features, can misinterpret these aspects that will have their consequences for people and for the combat capability of the state.
At the same time, a personnel reserve of lawyers who have military and combat experience has already formed in Ukraine. More than 50 judges, several hundred employees of court apparatus, lawyers, law scientists, prosecutors are now involved in hostilities. They could well enrich justice with knowledge of military law and military experience for a qualified and fair resolution of military court cases.
Oleg Tkachuk, the judge of the Grand Chamber of the Supreme Court