THE CONSTITUTIONAL AND LEGAL STATUS OF MILITARY COURTS IN UKRAINE (1991–2010)

Abstract

In this article, the author comprehensively examines the issues of the constitutional and legal status of military courts in the period (1991–2010) in independent Ukraine. The author analyzes the development of the system of military courts and reveals the tendency to establish military justice and strengthen their role in the system of courts of general jurisdiction. The author systematically analyzes the legislation of Ukraine about military courts of that time, in particular, the Concept of Judicial and Legal Reform in Ukraine of April 28, 1992, the Law of Ukraine "On the Status of Judges" of December 15, 1992, the Law of Ukraine "On Qualification Commissions, Qualification Attestation and Disciplinary Liability of Judges of Ukrainian Courts" of February 2, 1994, the Law of Ukraine "On the Judicial System of Ukraine" of February 7, 2002, etc. The author emphasizes that the main task of military courts was to consider cases of military crimes committed by soldiers. In connection with the military aggression of the Russian Federation against Ukraine, the issue of bringing to justice the military personnel of the aggressor State for military crimes is of particular importance and significance. One of the key tasks of Ukraine today is to develop, in cooperation with the relevant institutions of the EU Member States, a reliable evidence base for bringing the Russian Federation to justice in national and international courts for military crimes committed in Ukraine. It is determined the factors that influenced the formation of military courts. The dynamics of certain elements of the legal status of military courts in the course of drafting constitutional acts is analyzed. The author concludes that the normative provisions which enshrined the legal status of military courts in Ukraine contributed to the formation of Ukraine's own (albeit not perfect) experience of the military court system.