SUBSTANTIOTION OF PROCEDURAL FUNDAMENTALS FOR THE FUNCTIONING OF THE MILITARY JUSTICE BODIES OF UKRAINE AND THEIR INTERACTIONS WITH THE SECURITY AND DEFENSE SECTOR

Abstract

In the article, based on the study of the experience of resolving the military conflict in the east of Ukraine and the analysis of the current legislation in the field of military justice, it is emphasized the expediency of creating a system of human rights bodies whose main task will be to protect the rights, freedoms and legitimate interests of individuals and legal entities, but with special powers that take into account the specifics of wartime.

Procedural bases of functioning of military justice bodies in Ukraine are analyzed. The types of investigation units that will conduct pre-trial investigations in the military justice system and their main procedural powers are identified.  The issue of the jurisdiction of the military courts is discussed separately.  Attention is paid to the absence in the current legislation of procedures for the division of lawyers into specializations by particular branches of law or lines of activity, including military direction. A model of military attorney authority has been developed.

The procedural aspects of referring servicemen, veterans, combatants to the range of legal aid subjects, including free legal aid, are discussed. The conclusion was made about the need to amend the legislation in this area.

The problems of interaction with the security and defense sector of each of the components of the military justice system are investigated. It is emphasized that cooperation with the security and defense sector consists in the cooperation of military justice bodies with the subjects of the security and defense sector, defining the system of accountability and accountability, the procedure of creation and liquidation.

The issue of interaction of the formed military police with other law enforcement and judicial bodies is considered. The creation of a model of interaction by which the military police can be assigned to perform joint tasks with the units of the National Guard of Ukraine on the protection and maintenance of public order, detection and termination of criminal offenses among civilians in areas where the regime of martial law or state of emergency is imposed.