Features of the armed formations of the Ukrainian People’s Republic of 1917, their legal status

Authors

  • Ia.V. Viktorska

DOI:

https://doi.org/10.15330/apiclu.61.4.39-4.49

Keywords:

UNR 1917; military construction; military units; Armed forces; legal consolidation; armed formations.

Abstract

The article analyzes the peculiarities of the formation of armed formations of the Ukrainian People’s Republic, their legal consolidation and expression in regulatory and legal acts.
The author tried to conduct a legal analysis of the military doctrine of the armed forces of the Ukrainian People’s Republic. An important task is the study and generalization of historical experience, providing an objective assessment of events related to the liberation struggle and the formation of Ukrainian statehood at the beginning of the 20th century. Characterizing the process of formation of the Ukrainian army during the time of the Ukrainian People’s Republic, an attempt was made to clarify the legal mechanism for the implementation of the legislation. Emphasis is placed on the correct application of legal techniques in the legal acts adopted by the government of the Ukrainian People’s Republic in 1917. The reasons that initiated fundamental changes in all state-legal, political, national and social relations in the state body are considered. An assessment of the historical and legal experience for the development of the modern Armed Forces of Ukraine is carried out. The author tried to investigate the interdependence of the creation of the armed formations of the Ukrainian People’s Republic in 1917, the performance of official duties by servicemen, as well as the bearing of responsibility for crimes committed by them. It was established that with the deepening of the national crisis in the Ukrainian People’s Republic of Ukraine, the issue of renewing the practice of emergency courts was put on the agenda. It turned out that there were also military courts themselves, which tried cases of some types of military crimes: refusal to comply with orders, drunkenness, gambling, being late for duty, etc. The regulatory framework for the regulation of judicial practice and the scope of its application are separately defined. The regulatory and legal framework issued by the personified persons (orders, orders, etc.) who were in power during the time of the activity of the Ukrainian People’s Republic is considered. The process of Ukrainization of the Armed Forces is indicated and briefly characterized, the importance of the Ukrainized 34 Corps is emphasized. The creation of purely Ukrainian military units and their legal coverage are separately mentioned. It is concluded that the army of the Ukrainian People’s Republic, with the support of the Ukrainian national-state forces, carried out legal activities and tried to win the independence of Ukraine by open military means during the national liberation struggles of 1917-1921. The role and significance of the own Armed Forces in the creation of the Ukrainian state is investigated.

Published

2023-02-28

Issue

Section

Theoretical, comparative, historical principles of legal regulation