Publication date: 04.06.2024
Lawyer
Legal opinion on the establishment of the Institute of Military Advocacy
Ensuring proper protection of the rights of military personnel and persons involved in military formations is an important issue in the conditions of an armed conflict. For this purpose, there is a need to create a specialized institute of military advocacy. Consultation of a lawyer and careful analysis of documents are necessary for the formulation of a legal opinion and a legal opinion of a lawyer regarding the implementation of such an institute.
Currently, legal assistance to servicemen is provided mainly by civilian lawyers and the free legal aid system. However, the specifics of military service, the need to take into account the requirements of discipline, subordination, the scope of competences of military prosecutors' offices and courts, etc. determine the need for specialized specialists.
International experience, in particular the USA, Great Britain, France, and Israel, testifies to the effectiveness of the operation of military advocacy in the system of the armed forces.
Among the main steps to create such an institute in Ukraine should be:
1. Determination of the legal status of military lawyers at the legislative level.
2. Consolidation of the system of training and education of military lawyers.
3. Development of procedures for providing legal assistance to military personnel, participants in hostilities.
4. Regulation of interaction between the military advocacy and civilian advocates.
5. Creation of a system of guarantees for the professional activity of military lawyers.
The lawyer's legal opinion must be based on the analysis of international treaties in the field of human rights, the practice of the European Court of Human Rights, national legislation on advocacy. It is important to ensure that the work of military lawyers complies with the principles of independence of the legal profession.
The legal opinion must determine the legal status of military lawyers, possible models of their institutionalization (a body within the structure of the Ministry of Defense, a self-governing organization, etc.). It is necessary to take into account the issues of financing, subordination, features of access to secret information.
A separate aspect is the qualification requirements for military lawyers - having a legal education, special training in military legislation, familiarity with military statutes. The legal opinion may contain recommendations for the introduction of appropriate training programs.
It is important to ensure reliable guarantees of independence and inviolability of military lawyers in their professional activities. The legal opinion should provide for protection against undue interference, harassment due to criticism of management, define disciplinary procedures, etc.
In addition to direct representation in courts and pre-trial investigation bodies, the competences of military lawyers may include consulting on issues of military service, protection of the rights of prisoners of war, development of regulatory acts, etc.
To sum up, the creation of the institute of military advocacy is an important direction for improving the system of legal protection of servicemen. The lawyer's legal opinion and the legal opinion, prepared after consulting a lawyer and analyzing documents, should determine the conceptual basis of the functioning of this institute in accordance with international standards and national interests.
