Open AccessNormative and legal regulation of the military sphere in Ukraine
Author(s) -
Yuriy Harust,
T.V. Tereshchenko
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2020.i24.p64
Subject(s) - law , political science , ukrainian , military justice , criminal code , criminal law , philosophy , linguistics
This article is devoted to the study of the current state and trends in the legal regulation of the military sphere in Ukraine. In the process of studying the legal regulation of the military sphere in Ukraine, the authors revealed the concept, essence, legal regulation and areas for improvement of this area. The authors divided the legal regulation of the military sphere in Ukraine into 5 different groups, to which they referred: constitutional regulation (Constitution of Ukraine); codes of Ukraine (Water Code of Ukraine, Forest Code of Ukraine, Air Code of Ukraine and others); other special laws that regulate certain areas of military activity (Law of Ukraine "On Military Duty and Military Service"); bylaws: orders, resolutions, orders of central and local authorities (President of Ukraine, Cabinet of Ministers of Ukraine (CMU - hereinafter), Ministry of Defense of Ukraine, Security Service of Ukraine (SBU - hereinafter), etc.); international regulations in the military sphere, which were ratified by Ukraine. The authors also mentioned criminal and administrative liability in the military sphere and supported it by the norms of the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. Yes, they attributed to criminal offenses: disobedience, non-compliance with the order; resistance to the chief or forcing him to breach official duties; threat or violence against the boss; desertion, etc. To administrative offenses: refusal to comply with the lawful requirements of the commander; unauthorized leaving of a military unit or place of service; abuse of power or official position by a military official; careless attitude to military service and more. According to the study, an analysis of court decisions regarding prosecution for war crimes was conducted. A number of scientific researches in the field of administrative law were analyzed. Directions for improving the current legislation in the field of legal regulation of the military sphere were adopted and developed on the basis of a careful analysis of the legislation of the European Union.