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June 12, 2024INFORMATION AND LAW0 citationsOpen Access

Restoration of military courts as a component of state governance of the judicial system of Ukraine

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APA. PIPKO

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Abstract

The article highlights the issue of restoration of military courts as a component of public administration of the judiciary of Ukraine. The author examines the activities of military courts on the territory of Ukraine prior to their liquidation, and also studies the works of scholars and legislative initiatives on the restoration of military courts. It is found that the liquidation of military courts had negative consequences and could have been avoided by reforming them in accordance with the existing needs. The author establishes that the current administration of justice in the field of military offenses by courts without appropriate specialization is ineffective, and the reasons for this situation are identified. The author substantiates the urgent need to restore military courts in Ukraine and the ways of such restoration. Based on the analysis of existing legislative initiatives, the author shows that they are progressive, but at the same time points out the need to adopt a significant number of legislative acts and allocate adequate funding for the restoration of military courts. The author proves the need to restore military courts of a “mixed” type and the practical impossibility of restoring the previously existing classical type of military courts. It is stated that the public administration of the judicial system of Ukraine, in particular, in terms of restoring military courts, is not effective enough, and the author suggests ways to improve it, taking into account the realities of today and the experience of other states.

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A. PIPKO (2024) studied this question.

synapsesocial.com/papers/68e651cbb6db6435875e281dhttps://doi.org/10.37750/2616-6798.2024.2(49).306293
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