The Main Directions Of The Codification Of Legislation Of Ukraine On Protection Of The Fatherland And Military Service

Abstract

     In modern conditions the latent Russian aggression against Ukraine in the Donbass, the Russian occupation of Crimea there is a need to reform the Armed Forces of Ukraine. This means that should substantially revise the legal, organizational, material and financial basis for the functioning of the Armed Forces of Ukraine in general and their individual units in particular. At the same time, in our opinion, the leading role in the first place belongs to the creation of an updated legal framework in this area.

     In our view, the process of improving the legal regulation in the sphere of protection of Fatherland and military service should be started on the codification of legislation in this area. There are three possible options for the further codification of Ukrainian legislation on protection of Fatherland and military service: 1) adoption of a comprehensive Law of Ukraine «On Protection of Fatherland and military service»; 2) the adoption of the Principles of Ukrainian legislation on protection of Fatherland and military service; 3) development and adoption of the Code of Ukraine on protection of Fatherland and military service.

     In our opinion, the most appropriate option in this area is the election of a higher level of codification of legislation in this area - the adoption of the relevant Code. We believe that from the standpoint of art. 65 of the Constitution, which stipulates that the defence of the Motherland, independence and territorial integrity of Ukraine, respect for its state symbols is the duty of citizens of Ukraine [1], its name should be formulated as «the Code of Ukraine on protection of Fatherland and military service.» This is due to the fact that a primary obligation is to defend the Fatherland, and military service - the main means of implementation of this obligation.

In our opinion, the Code of Ukraine on protection of Fatherland and military service should include the following sections: 1. General Provisions. 2. Management in the field of protection of the Fatherland and the performance of military duty. 3. The legal status of the subjects in the field of protection of Fatherland and military duty. 4. Guarantees of legal and social protection of subjects in the field of protection of the Fatherland and the military and their families. 5. Organization of pre-conscription training. Postscript of Ukrainian citizens to the enlistment offices. 6. Call and taking into military service. Passage of military service. 7. Military registration of subjects in the field of protection of Fatherland and military duty. 8. Special conditions of military service. 9. Financial and material support of defending the homeland and military duty. 10. The control and supervision over compliance with the legislation of Ukraine on protection of Fatherland and military duty. 11. Legal responsibility in the defence of the Fatherland and the performance of military duty. 12. International cooperation in the sphere of protection of the Fatherland and the performance of military duty.