Publication date: 08.07.2024
Military Law: Legal Regulation of the Armed Forces of Ukraine
Introduction.
Military law is a special branch of law that regulates the activities of the Armed Forces and other military formations, as well as legal relations arising in connection with the defense of the state, military service and national security. In Ukraine, military law is of particular importance given the strategic role of the Armed Forces in ensuring the sovereignty, territorial integrity and national security of the country. In this article, we will analyze the main regulations, principles and mechanisms of legal regulation of the Armed Forces of Ukraine.
Main regulatory acts
The legal regulation of the Armed Forces of Ukraine is based on a number of normative acts, among which the key ones are
TheConstitution of Ukraine. The fundamental law of the state establishes the basis for the organization and operation of the Armed Forces of Ukraine, defines their functions, tasks and powers, and establishes the principles of military service.
TheLaw of Ukraine "On the Armed Forces of Ukraine". This law defines the legal basis for the organization, functioning and development of the Armed Forces of Ukraine, establishes their structure, number, tasks and principles of activity.
TheLaw of Ukraine "On Defense of Ukraine". The law regulates the legal and organizational principles of state defense, defines the powers of state authorities, military command and local self-government in the field of defense, and establishes the procedure for mobilization and demobilization.
TheLaw of Ukraine "On Military Duty and Military Service". This law regulates the issues of military duty of Ukrainian citizens, the procedure for conscription for military service, military service and discharge from it, as well as the rights and obligations of military personnel.
TheLaw of Ukraine "On the Legal Regime of Martial Law". The Law establishes the legal regime of martial law, the procedure for its introduction and termination, the powers of state authorities and military command under martial law, as well as the rights and obligations of citizens and legal entities.
TheLaw of Ukraine "On the Legal Regime of the State of Emergency". The Law regulates the legal regime of the state of emergency, the procedure for its introduction and cancellation, the powers of state authorities and military command during the state of emergency, as well as the rights and obligations of citizens and legal entities.
Military regulations of the Armed Forces of Ukraine. These are normative acts that regulate internal order and discipline in the Armed Forces of Ukraine, establish the rules of conduct for military personnel, their rights and obligations.
Organizational structure of the Armed Forces of Ukraine
The Armed Forces of Ukraine consist of several main branches and special military formations:
Land Forces. The main branch of the Armed Forces, which includes mechanized, tank, artillery, missile and air defense troops. They ensure the protection of the country's land territory and perform tasks of defense and deterrence of aggression.
Air forces. They include fighter, bomber, reconnaissance, and transport aviation, as well as air defense forces. They ensure the protection of the country's airspace and perform air support tasks for ground forces.
Navalforces. They include surface ships, submarines, naval aviation, and coastal forces. They ensure the protection of the country's sea coast and maritime communications, as well as perform tasks of defense and deterrence of aggression at sea.
Airborneassault troops. Special units designed to conduct airborne assault operations, sabotage and reconnaissance activities and other tasks behind enemy lines.
Special operations forces. Includes special units performing intelligence, sabotage and reconnaissance, anti-terrorist operations and other special tasks.
Principles of legal regulation
The legal regulation of the Armed Forces of Ukraine is based on a number of basic principles:
Legality. All aspects of the activities of the Armed Forces of Ukraine must comply with the requirements of Ukrainian legislation. Servicemen and women are obliged to comply with the laws and regulations governing their activities.
Sovereignty and independence. The Armed Forces of Ukraine are created to protect the sovereignty, independence and territorial integrity of the state. Their activities are aimed at preventing aggression and ensuring national security.
Centralized command. The Armed Forces of Ukraine are commanded by the President of Ukraine as the Supreme Commander-in-Chief and the Ministry of Defense of Ukraine. All subdivisions and military units are subordinated to the centralized command.
Professionalism and discipline. Servicemen and women are required to maintain a high level of professionalism and military discipline. They undergo regular training and exercises to improve their skills.
Social protection of servicemen. The state provides social protection to servicemen and their families, including salaries, medical care, pensions and other social guarantees.
Rights and obligations of servicemen
Ukrainian legislation establishes the rights and obligations of servicemen and women aimed at ensuring the effective performance of their tasks and protection of their rights.
Rights of servicemen
Theright to social protection. Servicemen and women have the right to social protection, including salaries, medical care, pensions and other social guarantees.
Theright to rest. Servicemen and women have the right to rest, including annual leave, days off and holidays.
Theright to legal assistance. Servicemen and women have the right to legal assistance in case of legal problems or disputes related to their service.
Theright to education and training. Servicemen have the right to education and professional development, including courses, training in military educational institutions and other forms of professional development.
Duties of servicemen
Performingmilitary duty. Servicemen and women are obliged to fulfill their military duties, comply with laws and regulations governing their activities, as well as orders of commanders and superiors.
Maintainingmilitary discipline. Servicemen and women are obliged to maintain military discipline, follow the rules of internal order and ethics, and behave with dignity in all situations.
Ensuring combat readiness. Servicemen and women are obliged to maintain high combat readiness at all times, to undergo training and exercises, and to take care of their physical and moral health.
Protection of state secrets. Servicemen and women are obliged to protect state secrets, not to disclose official information and to comply with the requirements of the legislation on state secrets.
Military service: the procedure for completion and discharge
The process of military service is regulated by the Law of Ukraine "On Military Duty and Military Service". The main provisions of this law include:
Conscriptionfor military service. Military duty of Ukrainian citizens includes conscription for military service. Conscription is carried out on the basis of the Decree of the President of Ukraine and relevant decisions of local self-government bodies.
Military service. Military service includes regular service, contract service, reserve service and other forms of service. Servicemen and women serve in military units and subdivisions and perform tasks related to the defense of the state, maintenance of law and order and national security.
Dischargefrom military service. Dismissal from military service is based on the expiration of the term of service, reaching the age limit, health status, family circumstances or other grounds provided for by law. Servicemen and women discharged from military service are entitled to social security and pension benefits.
Martial law: legal regime and procedure for its introduction
Martial law is a special legal regime that is introduced in case of armed aggression or a threat of attack on the state. The Law of Ukraine "On the Legal Regime of Martial Law" establishes the procedure for the introduction and lifting of martial law, as well as the powers of state authorities and military command during martial law.
Procedure for the introduction of martial law. Martial law is introduced by a Decree of the President of Ukraine, which is approved by the Verkhovna Rada of Ukraine. The decree on the introduction of martial law must contain the grounds for the introduction of martial law, the boundaries of the territory where martial law is introduced, and a list of restrictions on the rights and freedoms of citizens.
Powers of public authorities. Under martial law, public authorities receive additional powers to ensure defense and national security. They may impose curfews, mobilize, impose censorship, restrict freedom of movement and other measures.
Rights and obligations of citizens. Under martial law, citizens of Ukraine are obliged to comply with the requirements of the law, orders of state authorities and military command, and contribute to the defense of the state and the maintenance of law and order. At the same time, their rights and freedoms may be restricted in accordance with the law.
Termination ofmartial law. Martial law is canceled by a Decree of the President of Ukraine, which is approved by the Verkhovna Rada of Ukraine. After the lifting of martial law, all rights and freedoms of citizens, as well as normal conditions for the operation of state authorities and military command, are restored.
International military law
International military law is an important component of the legal regulation of the Armed Forces of Ukraine. It includes international treaties, conventions and agreements that regulate the legal aspects of warfare, the protection of human rights in armed conflicts, and the legal status of military personnel.
Geneva Conventions. Ukraine is a party to the Geneva Conventions relative to the Protection of War Victims, which establish the rules of international humanitarian law governing the protection of civilians, wounded and prisoners of war during armed conflicts.
TheHague Conventions. Ukraine is a party to the Hague Conventions, which regulate the rules of warfare, protection of cultural property and other issues of international humanitarian law.
International Criminal Court (ICC). Ukraine cooperates with the ICC, which investigates and prosecutes those responsible for the most serious international crimes, including war crimes, crimes against humanity and genocide.
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