The need for a legal mechanism for creating attractive military companies as a component of the reintegration of military personnel into society

Based on the analysis of the situation in Ukraine regarding the number of military personnel with combat experience and the need for their reintegration into society during the transition from military to civilian life after the war, as well as the analysis of foreign experience, the need to develop a legal mechanism for creating private military companies in Ukraine is substantiated. The current state of developing a legal mechanism for creating private military companies is analyzed, particularly scientific developments, draft laws submitted to the Verkhovna Rada of Ukraine, and conclusions. It is stated that in Ukrainian society and politics, there is an understanding of the need to legalize the activities of private military companies. At the same time, a legal mechanism for such activities has not yet been developed. When developing such a mechanism, special attention should be paid to the compliance of the activities of private military companies with the Constitution of Ukraine, as well as the norms of international and international humanitarian law. The provisions of the Montreux Document signed by Ukraine, The International Code of Conduct for Private Security Service Providers, documents of the United Nations, and the Organization for Security and Cooperation in Europe should be considered. It has been deemed appropriate to use the experience of the United States, Canada, Germany, and other countries, which successfully attracted former military personnel who participated in military operations to work in such companies when developing the mechanism for creating and operating the PMC. It is concluded that the creation and functioning of private military companies in Ukraine based on international and international humanitarian law using the existing human potential can become a significant factor in security while ensuring a comfortable transition from military to peaceful life for a substantial part of Ukrainian combatants, as well as additional financial revenues to the budgets of Ukraine. At the same time, insufficiently thought-out decisions in this area can have very negative consequences. Therefore, solving the difficult task of creating and functioning private military companies requires serious scientific research, which is highly insufficient in Ukraine.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-22
DOI
https://doi.org/10.24144/2307-3322.2024.85.3.40
Primary Topic
Healthcare, Law, Governance, and Management Studies
Type
article
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article

The need for a legal mechanism for creating attractive military companies as a component of the reintegration of military personnel into society

Ye. S. Hnedyk
Uzhhorod National University Herald Series Law
Healthcare, Law, Governance, and Management Studies
article

The need for a legal mechanism for creating attractive military companies as a component of the reintegration of military personnel into society

Ye. S. Hnedyk
article en

Abstract

Based on the analysis of the situation in Ukraine regarding the number of military personnel with combat experience and the need for their reintegration into society during the transition from military to civilian life after the war, as well as the analysis of foreign experience, the need to develop a legal mechanism for creating private military companies in Ukraine is substantiated. The current state of developing a legal mechanism for creating private military companies is analyzed, particularly scientific developments, draft laws submitted to the Verkhovna Rada of Ukraine, and conclusions. It is stated that in Ukrainian society and politics, there is an understanding of the need to legalize the activities of private military companies. At the same time, a legal mechanism for such activities has not yet been developed. When developing such a mechanism, special attention should be paid to the compliance of the activities of private military companies with the Constitution of Ukraine, as well as the norms of international and international humanitarian law. The provisions of the Montreux Document signed by Ukraine, The International Code of Conduct for Private Security Service Providers, documents of the United Nations, and the Organization for Security and Cooperation in Europe should be considered. It has been deemed appropriate to use the experience of the United States, Canada, Germany, and other countries, which successfully attracted former military personnel who participated in military operations to work in such companies when developing the mechanism for creating and operating the PMC. It is concluded that the creation and functioning of private military companies in Ukraine based on international and international humanitarian law using the existing human potential can become a significant factor in security while ensuring a comfortable transition from military to peaceful life for a substantial part of Ukrainian combatants, as well as additional financial revenues to the budgets of Ukraine. At the same time, insufficiently thought-out decisions in this area can have very negative consequences. Therefore, solving the difficult task of creating and functioning private military companies requires serious scientific research, which is highly insufficient in Ukraine.

Uzhhorod National University Herald Series LawVol. 3(85)
Max Planck Society (DE)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Healthcare, Law, Governance, and Management Studies
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