Ukraine is building a military justice system: what elements are still missing
11 February 2025 16:07
The Verkhovna Rada has not abandoned its intention to create a military justice system. This was reported by the Judicial and Legal Newspaper, citing a statement made by Oleksandr Bakumov, a member of the Parliamentary Committee on Law Enforcement, on the Rada TV channel, "Komersant Ukrainian" reports.
According to the MP, the parliament is working on the creation of a military police, a specialized prosecutor’s office and military courts.
“These bodies will ensure law and order in the army and the protection of military and civilians, as well as improve the quality of investigations,” the MP said.
What is known about the creation of the military police
On June 19 last year, the Verkhovna Rada adopted in the first reading the draft law (No. 6569-d) on the Military Police.
The explanatory note to the draft law, as an argument for the expediency of creating a military police, mentions that “the current Military Law Enforcement Service in the Armed Forces of Ukraine currently has no authority to carry out operational and investigative measures and bring perpetrators to legal responsibility, and is institutionally deprived of the procedural ability to assist pre-trial investigation bodies and prosecutors in conducting pre-trial investigations against military personnel.”
In view of this, the draft law envisages that the Military Police will, in particular, carry out
- prevent, detect and stop criminal and administrative offenses in the Ministry of Defense of Ukraine, the Armed Forces of Ukraine and the State Special Transport Service;
- proceedings in cases of administrative offenses within the competence of the Military Police;
- operational and investigative activities in cases and on the grounds determined by law;
- ensuring law and order and military discipline among servicemen in places of deployment of military units, military educational units of higher education institutions, at military facilities, military camps, as well as on the streets and in public places;
- preventive and preventive activities aimed at preventing the commission of criminal and other offenses in the Ministry of Defense of Ukraine, the Armed Forces of Ukraine and the State Special Transport Service, etc.
The military police will be staffed at the expense of the Armed Forces of Ukraine and will not exceed 1.5 percent of the Armed Forces of Ukraine.
For failure to comply with the legal requirements of the Military Police, its officials will be able to fine violators up to UAH 17,000. This and other provisions are envisaged by the draft law (6570-d) on amendments to the Code of Administrative Offenses, the Criminal Code and the Criminal Procedure Code regarding the introduction of the Military Police.
What is known about the prospects of establishing military courts
On January 9 this year, the Verkhovna Rada adopted as a basis the Draft Law (No. 10301) “On Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the introduction of specialization of judges in the consideration of military criminal offenses, criminal offenses against peace, human security and international law and order”.
The Judicial and Legal Newspaper draws attention to the fact that in this case it is not a question of returning to Ukraine the military courts that were liquidated in the past, although such ideas are also being actively discussed. The argument in such discussions is the importance of preserving the independence of judges in decision-making.
Instead, the aforementioned draft law proposes to amend parts three through seven of Article 18 of the Law of Ukraine “On the Judiciary and the Status of Judges” to determine that
– in local general courts and courts of appeal, there is a specialization of judges in criminal proceedings in cases of military criminal offenses, criminal offenses against peace, human security and international law and order;
– judges of this specialization are elected from among the judges of the respective court by the meeting of judges of that court for a term not exceeding five years and may be re-elected;
– a judge with experience in conducting criminal proceedings in court may be elected as a judge of this specialization;
– judges of this specialization are not exempt from performing the duties of a judge of the relevant instance, but the exercise of such powers is taken into account when distributing court cases and has priority.
What is known about the activities of the specialized prosecutor’s office
The Specialized Defense Prosecutor’s Office exists as a department within the Office of the Prosecutor General. It is an independent structural unit subordinated to the First Deputy or Deputy Prosecutor General in accordance with the distribution of responsibilities.
on May 30, 2023, the Regulation on the Specialized Defense Prosecutor’s Office was approved.
Its powers include procedural guidance of pre-trial investigations, participation in court proceedings and support of public prosecution in criminal proceedings:
– against the established order of military service (military criminal offenses);
– committed by military personnel; persons liable for military service and reservists during training,
– committed on the territory of military units, etc.
