Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.41 N° 76
Enero
Marzo
2023
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
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Vol. 41, Nº 76 (2023), 720-734
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 10/10/22 Aceptado el 14/12/22
Military law: current state and
prospects of development
DOI: https://doi.org/10.46398/cuestpol.4176.42
Oleg Gushchyn *
Anastasiia Ostapenko **
Petro Korniienko ***
Oleksandr Kotliarenko ****
Abstract
The aim of the article was to analyze the current state and
prospects of development of military law. The methodological
basis of the study was the use of empirical research methods,
theoretical knowledge and logical research techniques. The
research was based on several certainties: The rst systemic
certainty is the limited or conditional commitment of some states
to international law. The second systemic certainty is the state
perspective of international security. The third is the structural deciencies
of the United Nations. The fourth systemic certainty is that horror in the
context of armed conict is present and that war is always a humanitarian
catastrophe. Finally, the fth systemic certainty is the defensibility of a state
in possession of nuclear weapons or other weapons of mass destruction.
It is concluded that it is necessary to create a military justice system for
modern police practice, i.e., to enact military law directly. Based on the idea
that military justice is a system of organs, it should include: an organ that
conducts pre-trial investigation or ensures law and order and an organ that
monitors the rule of law; military courts.
Keywords: military law; military justice; military courts; military courts;
armed aggression; military police.
*PhD. Professor Taras Shevchenko National University of Kyiv, Military Institute, Military Law
Department 60 Volodymyrska Street, City of Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
2901-9605
** PhD student (adjunct) National Defence University of Ukraine named after Ivan Chernyakhovsky, 28
Povitrootskyi Avenue, Kyiv. ORCID ID: https://orcid.org/0000-0002-3545-3283
*** Dr. hab in Law, Professorof the Department of Philosophy, Law and Social-Humanitarian Disciplines
Department of Philosophy, Law and Social-Humanitarian Disciplines the Faculty of Finance and
Economics, National Academy of Statistics, Accounting and Audit, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-1473-6698
****Ph.D in Law, Deputy Head Military Law Department of the National Defence University of Ukraine
named after Ivan Cherniakhovskyi, Ukraine. ORCID ID: https://orcid.org/0000-0001-8776-2515
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Derecho militar: estado actual y perspectivas de
desarrollo
Resumen
El objetivo del artículo fue analizar el estado actual y las perspectivas
de desarrollo del derecho militar. La base metodológica del estudio ha
sido el uso de métodos de investigación empírica, conocimientos teóricos
y técnicas de investigación lógica. La investigación se sustentó en varias
certezas: La primera certeza sistémica es el compromiso limitado o
condicional de algunos Estados con el derecho internacional. La segunda
certeza sistémica es la perspectiva estatal de la seguridad internacional. La
tercera son las deciencias estructurales de las Naciones Unidas. La cuarta
certeza sistémica es que el horror en el contexto de los conictos armados
está presente y que la guerra es siempre una catástrofe humanitaria. Por
último, la quinta certeza sistémica es la defensibilidad que alcanza un
Estado que posee armas nucleares u otras armas de destrucción masiva.
Se concluye que es necesario crear un sistema de justicia militar para la
práctica policial moderna, es decir, promulgar directamente el derecho
militar. Partiendo de la idea de que la justicia militar es un sistema de
órganos, debería incluir: un órgano que lleve a cabo la investigación previa
al juicio o que garantice el orden público y un órgano que vigile el estado de
derecho; tribunales militares.
Palabras clave: derecho militar; justicia militar; tribunales militares;
agresión armada; policía militar.
Introduction
The relevance of the article is to develop appropriate approaches to
develop an eective mechanism for the functioning of military law in our
time.
The invasion of Ukraine initiated by the Russian Federation on the
morning of 24 February 2022 will undoubtedly be a turning point in the
deconstruction of the current international order and in the emergence of a
new era of world geopolitics, perhaps even more uncertain and dangerous
than the existing one.
First of all, a problem for Ukraine and for Europe, and for Europeans,
which make it prevail over other interstate and internal conicts taking
place in many other places on the planet, and which generate and will lead
to unpredictable consequences in international relations and international
systems.
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Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
Apart from the absolute humanitarian catastrophe in terms of human
lives and civilian suering that it entails - as, moreover, is the case in
all armed conicts - its consequences of all kinds - political, economic,
military, social, energy, agricultural, and food - undoubtedly also deserve
- as do the legal and international implications. In the conditions of armed
aggression in the territories that were shelled and where hostilities were
conducted, the work of many state institutions, including judicial bodies
and institutions, was paralyzed.
The statistics of committed war crimes supplemented the traditional
statistics of cases to be considered by Ukrainian courts. In addition, law
enforcement agencies did not stop conducting pre-trial investigations,
which require judicial control over the observance of the rights and
legitimate interests of persons involved in criminal proceedings, to comply
with reasonable time limits, or to obtain admissible evidence during
investigative (search) or covert investigative (search) actions.
When considering proposals for the establishment of a pre-trial
investigation body to investigate criminal oences committed by military
personnel or other persons belonging to armed formations, it is necessary
to take into account the existing risks, which, in particular, include their
subordination, which should not aect the independence and impartiality
of the investigation.
Despite some turbulence in the legislative regulation of the military
prosecutor’s oce in Ukraine, this body with dierent names, structure,
subordination, and stang has been carrying out a pre-trial investigation
of war crimes, supervision over the legality of the activities of pre-trial
investigation bodies and procedural guidance of the investigation for a long
time in accordance with the system of law. Particular attention is paid to
the arguments in support of the idea of creating a system of military courts
and military justice.
In the context of the armed aggression in Ukraine, the issue of completing
the creation of the military justice system, which has been signicantly
updated, is relevant, and it has ceased to be controversial and has turned
into a direction for concrete actions.
There have been attempts to build a coherent and eective military
justice structure since 2014. However, the reforms were not completed,
which signicantly aected the maintenance of the rule of law in the state
after February 24, 2022, in the territories where hostilities were conducted
or close to them.
After the full-scale invasion of Ukraine by the Russian army on February
24, 2022, Ukraine faced unprecedented challenges for the national justice
system and the need to involve international justice in bringing Russian
military, government, political and military leaders to justice. Military
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security of the state is seen as the protection of state sovereignty, territorial
integrity, and democratic constitutional order.
Throughout the war, ukrainians witnessed murders and grievous
bodily harm of civilians, torture, deportations, hostage-taking, attacks on
civilians, looting, rape, and starvation. Individual criminal responsibility
for war crimes extends beyond those who committed them or ordered them
to those military commanders who know or should have known that such
crimes would be committed and failed to take necessary and reasonable
measures to prevent them. The individual criminal responsibility for the
crime of aggression lies not with ordinary soldiers, but with the Russian
political and military leaders who planned, prepared, initiated, or carried
out the invasion, occupation, bombing, and blockade of Ukraine, as well as
the sending of armed forces and mercenaries to commit armed acts.
Under the current provisions of its statute, the International Criminal
Court cannot exercise jurisdiction over criminal aggression committed in
Ukraine without Russia’s consent - which Russia will not give - or referral to
the Security Council, which Russia will veto. Accordingly, the States Parties to
the Rome Statute should amend it to allow the Court to exercise jurisdiction
over the crime of aggression if the General Assembly, acting under Uniting
for Peace, refers to the Prosecutor a situation in which aggression appears
to have been committed. This could be done by amending Articles 13 and
15ter of the Charter or by introducing a new article.
This proposal is both more principled and more pragmatic than the
alternative proposal to establish an ad hoc tribunal for aggression. It would
avoid comparable accusations of selectivity. Its legitimacy would be in line
with that of the Uniting for Peace program, which was strongly rearmed
by the resolution deploring Russia’s act of aggression.
It would be based on an existing institution with relatively modest
increases in costs and sta. Nor could Russian leaders claim personal
immunity if the General Assembly were to refer to the situation, knowing
full well that the Court rejects the application of such immunities against
the Court or against States Parties that comply with the Court’s request for
the arrest and surrender of a sitting head of state.
In turn, the purpose of the article is to analyze the problems and
prospects for the development of military law in today’s realities, as well
as to consider the international protection against Russia’s military actions
against Ukraine, and the activities of world human rights organizations and
the eect of military law.
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Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
1. Literature Review
Military law is of great importance, because it regulates the relations
related to the activities of the military organization of society, which aims to
ensure the protection of the state, state sovereignty, and territorial integrity.
In Ukrainian military time, scientists from all over the world began to
search for an eective mechanism to overcome the global problem, namely
war, as civilians suer.
The study revealed that the Constitution of Ukraine is at the center of
the system of legal sources of military law in Ukraine. Organic, normal laws,
by-laws, and even local regulations are based on constitutional provisions,
their mutual dependence is determined by legal force. Military law, having
its own system of legal sources, is formed as a complex branch of law
through the peculiarities of the legal regime with the constant inuence of
public branches of law.
The development of military law as a complex branch of the system
of Ukrainian law is carried out through the doctrinal denition of the
peculiarities, systemic features of intra-branch institutional formations
- sub-branches, institutes; through the implementation of systematic
scientic developments of military-legal matter, creating conditions for the
formation of military law as a science.
In turn, Ihnatieva (2021) in her work made one of the newest studies
of the system of military law in Ukraine and Great Britain in modern
international law, her position was taken into account in the formation of
the author’s position based on the results of the study of the chosen topic.
Pons Rafols (2022) reveals the issues of the international legal system
that have come to the fore in connection with the current crisis, highlighting
its weaknesses, risks, and contradictions. The author points out that
Russia’s military aggression against Ukraine has further weakened the
system of international relations and the entire international legal order,
built, at least in its most familiar parameters, since the end of World War
II and revitalized with the end of the Cold War. He analyses the situation in
terms of the weaknesses of the current international legal system.
Haque (2022) in his work points out that the legal consequences of an
immoral act such as war are not all directly specied in the texts of treaties
or UN resolutions. Their identication requires a reasonable application
of legal principles, guided by the axiom that international law is a holistic
legal system, not just a set of rules. Pointed out that the rules governing
the conduct of hostilities and the treatment of prisoners should be applied
equally on both sides for the sake of their common humanity.
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Kaluzhna et al. (2022) in their work analyzes such a component of
military law as a trial in terms of the Nuremberg process after the Second
World War - the International Tribunal. In his work, he points out that the
international tribunal is to ensure the impartiality of the court. Analyzes the
current state of the international legal order and points out that in order
to ensure access to justice in cases of aggression and war crimes of Russia,
cases against Russia should be considered not only by Ukrainian courts.
Niebytov et al. (2022), in turn, explore the mechanisms of accountability
for war crimes committed as a result of Russia’s invasion of Ukraine
in February 2022. They emphasize that when building a military justice
system, we proceed from paradigmatic provisions. Based on the idea of
military justice as a system of bodies, it should include: a body that carries
out the pre-trial investigation and/or ensures law and order; a body that
supervises the rule of law; military courts, in addition, it is pointed out that
Ukraine’s victory over the aggressor, the success of protecting Ukraine’s
national interests, and the achievement of peace largely depends on stability
on the European continent, and therefore it can be noted that military law
is currently variable.
Analysis of the above scientic literature fully or partially analyzes
modern aspects of military law, which gives reason to believe that a
comprehensive study among scientists has not been conducted, which
indicates the relevance of this study.
2. Methods
To ensure objectivity, comprehensiveness, and completeness of the
study, as well as to obtain scientically sound and reliable results, the
article used a system of general scientic and specic scientic methods of
cognition, in particular the method of philosophical hermeneutics, which
integrates knowledge of military law - legal, logical, linguistic, psychological,
historical, socio-political, etc.; dialectical method, the manifestation of
which is a comprehensive study of the eectiveness of the mechanism of
legal regulation, its relationship with other legal phenomena: expediency,
eciency; targeted method, which claried the purpose and objectives of
military law.
The method of documentary analysis made it possible to outline
the directions of improving the theoretical foundations and practice of
improving the eectiveness of military law in today’s conditions. The
method of generalization was used to formulate the nal provisions of the
study.
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Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
The historical method was another method used to analyze the
foundations of military law, according to the development of which such
phenomena are manifested as problems that in turn need to be solved, that
is, the development of prospects for the development of military law. This
method was used to consider the genesis of military law in the context of its
development after the Second World War and in current time. The research
methodology of the article is also based on the principles of dialectics,
empirical and comparative law.
To achieve the goal set in the article, other methods were also used in
this study:
• content analysis to study large volumes of legal and scientic texts
and determine their relevance to the problems of military law;
• doctrinal approach to the study of military norms as normative
constructions that establish responsibility for war crimes.
In general, the objectives of the study were fully met due to the methods,
techniques, and approaches used in this study.
3. Results
Military law is aimed at determining the means of achieving the military
security of society as an indispensable component of national security,
subject to the implementation of human rights mechanisms of the status of
servicemen and other categories of citizens who are subjects of military and
civil-military relations. The problem of military law is the lack of a military
justice system. There are many denitions of “system” in science.
Despite the dierence in wording, all of them, in one way or another, are
based on the translation of the Greek word “systema” - a whole consisting
of parts, a set of elements that are in certain relations with each other,
interact (function) with each other, form certain integrity, interact with the
environment as a whole and acquire new properties that these objects do
not have if they exist separately (Niebytov, 2022).
Speaking about the construction of the military justice system, it is
necessary to proceed from the paradigmatic position that it is connected by
relations of subordination and coordination of law enforcement and judicial
bodies, subject competence arising from the activities of the Armed Forces
of Ukraine and other paramilitary formations, as well as other persons who
have the status of military personnel.
Based on the idea of military justice as a system of bodies should include:
1. a body that carries out the pre-trial investigation and/or ensures law
and order;
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2. law enforcement agency;
3. military courts.
Figure 1. Military justice (author’s own development).
The Military Law Enforcement Service in Ukraine as part of the Armed
Forces of Ukraine was established in 2002 and operates based on the Law
of Ukraine of the same name (Verkhovna Rada of Ukraine, 2002).
According to Article 1 of the mentioned Law of Ukraine, the military
law enforcement service is a special law enforcement formation within the
Armed Forces of Ukraine, designed to ensure law and order and military
discipline among the servicemen of the Armed Forces of Ukraine in the
places of deployment of military units, in military educational institutions,
establishments and organizations, military camps, on the streets and in
public places; to prevent crimes and other oences in the Armed Forces
of Ukraine, to bring them to justice; to protect the life, health, rights and
legitimate interests of servicemen, persons liable for military service during
their training, employees of the Armed Forces of Ukraine, as well as to
protect the property of the Armed Forces of Ukraine from theft and other
illegal encroachments, as well as to participate in counteracting sabotage
and terrorist acts at military facilities (Verkhovna Rada of Ukraine, 2002).
The Military Service of Law and Order in the Armed Forces of Ukraine is
entrusted with the following tasks: a) identifying the causes, preconditions
and circumstances of criminal and other oences in military units and at
military facilities; searching for persons who have left military units (places
of service) without permission; b) prevention and suppression of criminal
and other oences in the Armed Forces of Ukraine; c) participating in
the protection of military objects and ensuring public order and military
discipline among servicemen in the places of deployment of military
units, military camps, on the streets and in public places; d) executing,
in cases provided for by law, decisions on the detention of servicemen in
the guardhouse; e) ensuring the enforcement of criminal punishments
against servicemen who have been sentenced to detention in a disciplinary
battalion; f) participation in countering sabotage and terrorist acts at
military facilities, etc. (Verkhovna Rada Of Ukraine, 2002).
The Military Law Enforcement Service is not empowered to carry out
a pre-trial investigation of military criminal oenses. For a long time, a
proposal was discussed to create military police on its basis, which would
have these powers or another pre-trial investigation body. At the same
time, on September 17, 2021, the Decree of the President of Ukraine No.
473/2021 “On the Strategic Defence Bulletin of Ukraine” (On commission
decision of the National Security and Defense Council of Ukraine, 2022)
entered into force.
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Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
For this purpose, it was planned to develop the capabilities of the
investigative and operational search units of the military police; to develop
the capabilities of the military police to manage law enforcement and anti-
terrorist support at potentially dangerous facilities in the system of the
Ministry of Defense of Ukraine; to achieve compatibility of the military
police with the relevant structures of NATO member states.
As a result, the current system of pre-trial investigation bodies does
not ensure the eective and prompt investigation of mass war crimes in
combat conditions, during the performance of tasks in the area of combat
operations, which negatively aects the state of combat readiness of military
units.
As of today, Ukraine has not created a system of military courts, which is
another problem of military law. However, proposals about the need for its
implementation are constantly heard. Opinions in support of the creation
of a military justice system are voiced at the highest level, emphasizing the
erroneousness of the decision to abolish military courts.
Some states, such as Australia and Ukraine, are in the process of
reforming the military justice system, discussing these issues, and learning
from the experience of other states (Denton, 2019).
Speaking about the prospects for the development of military law in
the international arena, it should be noted that the democratic and human
rights foundations of the Council of Europe make it incompatible for states
that do not adhere to the values of the UN, or, for example, which have
started an aggressive war, as is happening nowadays. This led to the fact that
on February 25, 2022, the Committee of Ministers activated the procedure
provided for in Article 8 of the Statute of the Council of Europe and agreed
to suspend the Russian Federation - its representation rights in the Council.
Subsequently, on 16 March 2022, after consultations with the
Parliamentary Assembly on the possible additional application of Article
8, the Committee of Ministers decided that it could no longer be a member
state and, after 26 years of membership, agreed to the expulsion of Russia,
although the day before this state had announced its voluntary withdrawal
from the Council of Europe and its intention to denounce the European
Convention on Human Rights (Resolution CM/Res, 2022).
In practice, a narrower approach to the investigation of war crimes is
more often used: Criminal prosecution in another country is initiated if a
national of one’s own country is alleged to have committed an international
crime; if the crime is committed against a national of that country; or if
the suspect is present in the territory of that country (Chubinidze and
Oleksandra, 2019).
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The investigation can be initiated at any time, as war crimes, crimes
against humanity and genocide are serious threat to global security.
Therefore, the statute of limitations does not apply in this case. At the same
time, the principle of universal jurisdiction is an additional mechanism for
prosecuting war criminals.
In a time of war, states may take measures derogating from their
obligations under the Convention. However, no derogation from the
Convention is permitted in respect of the right to life, except in cases of
death resulting from “lawful acts of war”, i.e., acts that are regulated but
not prohibited by international humanitarian law. In other words, no
derogation is allowed for unlawful acts of war that violate international
humanitarian law.
Such unlawful acts of war violate both international humanitarian law
and the human rights of those they kill (Haque, 2022). Military necessity
does not justify violations of the laws of armed conict and, conversely,
the use of force that is not necessary is illegal (Pictet, 2019; Ponomarenko,
2022).
To address the problems of military law, it is necessary to implement
a military justice system, which should consist of two main elements:
a disciplinary system that ensures the investigation and prosecution of
disciplinary and criminal oenses, and an administrative system that aims
to improve processes, such as complaints (Denton, 2019).
The role of international organizations and the UN became clear during
the Russian aggression against Ukraine in attempting to stop, counteract
and control these aggressive actions and preserve international peace and
security. Since the beginning of the Russian invasion of Ukraine, the UN
Secretary-General has called the Russian aggression and related actions
“the moment of the grave” and stated that the Russian resolution to declare
the independence of Donetsk and Luhansk is a violation of the territorial
unity and sovereignty of Ukraine, contrary to the principles of the UN
Charter.
Therefore, the UN has repeatedly called for a ceasere to protect
civilians and invited the parties concerned to engage in political dialogue
to reach a peaceful settlement, which, unfortunately, has not yet happened.
Many civilians are still on the bloody battleelds, hundreds of people are
trapped in conicts, war crimes are being committed from the latest reports
(Khater, 2022).
It should be noted that military law is also about providing weapons,
and therefore, given that Western powers are providing our country with
weapons to help defend against Russia’s ongoing armed attack, as our
country has an individual right to self-defense against Russia, our country
has the right to demand that other states act in its collective self-defense.
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Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
One of the forms of collective self-defense is the provision of material
support.
Providing Ukraine with weapons cannot be considered an internationally
wrongful act - this conclusion is conrmed by the fact that the responsibility
of the state provides that “the unlawfulness of a state action is excluded if
the action is a lawful measure of self-defense taken in accordance with the
Charter of the United Nations” (Heller and Trabucco, 2022).
Undoubtedly, the Russian attack on Ukraine is a clear violation of
the principles and norms of international law, as provided for in the UN
Charter and customary international law, as the Russian forces violated a
set of norms of international law, especially those relating to respect for
the equality in national sovereignty of States, the principle of peaceful
settlement of disputes, the principle of non-use of force or threat in
mutual relations between States which may endanger the maintenance
of international peace and security, the principle of non-intervention in
matters which are essentially within the internal jurisdiction of States, the
principle of non-interference in the internal aairs of States, the principle
of the right to self-determination, and the principle of the sovereignty of
States (Khater, 2022; Gorinov & Mereniuk, 2022).
4. Discussion
The results of this study indicate that the purpose of military law is to
contribute to the maintenance of order and discipline in the military forces,
to increase the eectiveness of military law, and thus strengthen national
security.
It has been found that throughout history, legislation has often had to
catch up with technological and scientic progress, including the technical
development of weapons. A consistent theme throughout the centuries has
indeed been the tension inherent in establishing rules aimed at regulating
the ever-evolving ability to inict harm and suering on the “enemy”. In
this respect, the countless resources invested in technological advances for
the development of warfare far outweigh those invested in the continued
(Guido, 2022; Bozhkova & Halytsia, 2022).
It was found that international criminal law in the eld of war crimes
has developed dramatically over the past three decades and can be
broadly dened as the judicial enforcement of criminal oenses, certain
international regulations (Guido, 2022).
Scholars have long debated the basis of people’s moral responsibility
based on their decision-making mechanisms that lead to action. These
reections, however ancient, are important because our criminal systems
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are essentially a reection of the generally accepted moral social system,
and such responsibility is linked to criminal proceedings and punishment,
in the area of war crimes.
This was emphasized by Guido (2022) and pointed out that modern
criminal law theory tends to consider punishment justied only when
individuals can be blamed for the acts or omissions attributed to them
because the individuals concerned can understand the consequences of
their behavior, and it can be said that such behavior occurred under their
rational control.
Researchers emphasize that, in particular, the International Criminal
Court was established in 1998 as a permanent institution with universal
jurisdiction. This should be understood as a strategy for investigating and
prosecuting those most responsible for the most serious crimes (Ba, 2020).
In the context of this article in terms of the levels of combating war crimes,
about two separate systems of combating war crimes: national (domestic)
and international.
Considering the problem of military justice emphasized by Neibot
(2022), it is worth agreeing that the main dierence between the military
police and the existing military law enforcement service is the expansion of
its competence to investigate crimes committed by military personnel and/
or war crimes.
Empowering the military police to conduct pre-trial investigations is
associated with certain risks, which in turn is a problem. First, it should
be borne in mind that the jurisdiction of the military police may create a
conict with the competence of the State Bureau of Investigation and the
Security Service of Ukraine.
Of course, the investigation of crimes committed by military personnel
will be more eective if conducted by the military police. However, the
impartiality of the investigation conducted by the military police may be at
risk, as the military police and the objects of its activity belong to the sphere
of management of the Ministry of Defense of Ukraine.
The second problem that may arise with the introduction of the military
police as a pre-trial investigation body into the military justice system is
that the creation of this body may not be in line with the doctrinal concept
of ensuring the impartiality of the exercise of its powers as a judicial
investigation body. The conducted research allowed to achieve the set goal
and objectives and, in turn, to draw conceptual conclusions.
The study found that the problem of military law is not the functioning
and implementation of the military justice system, which should include
subordinate and coordinated law enforcement and judicial bodies, whose
subject matter competence arises in relation to the activities of the Armed
732
Oleg Gushchyn, Anastasiia Ostapenko, Petro Korniienko y Oleksandr Kotliarenko Military law:
current state and prospects of development
Forces of Ukraine and other paramilitary formations, as well as other
persons who have the status of a serviceman.
Conclusion
So, it was established that military law is aimed at determining
the means to achieve military security of society. It is an important
component of national security, provided that human rights mechanisms
are implemented. The Russian-Ukrainian war as a whole inuenced
the transformation of military law not only in Ukraine, but also in the
international legal organizations of the world.
The weakness of international organizations, which forms the central
axis of the entire international system and is the fundamental basis for
achieving the long-awaited peaceful, just, and favorable international
society, with the eective functioning of which there will be no need to
develop the functioning of military justice.
The United Nations continues to be an indisputable reference point
and an important and necessary organization, as it is the structure that the
current international society has provided for itself, and there is currently
no other alternative structure. Our time testies to a crisis that is in its
most acute phase, which is also sad in humanitarian terms, which has a
very dicult and dicult outcome with deadly consequences for all. In this
sense, the war in Ukraine clearly showed the existence of weaknesses or
structural problems in the international legal system and military law. This
study gives impetus to the further development of military law, an overview
of its problems and solutions in the context of current changes around the
world.
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Esta revista fue editada en formato digital y publicada
en enero de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
