Restoration of the national system of military courts: modern problems of lawmaking

The article investigates the modern draft laws «On Amendments to the Law of Ukraine» On Judiciary and Status of Judges» on Functioning of Military Courts» (Reg. No. 13048 of 27.02.2025) and «On Amendments to the Law of Ukraine» On Judiciary and Status of Judges» on Creation and Organization of Military Courts» (Reg. No. 13048-1 of 11.03.2025) concerning the establishment of a system of military courts. The purpose of the study is to analyze the state of lawmaking in the sphere of restoring the functioning of military courts. The following scientific methods were used to realize the purpose of the article, such as: formal-dogmatic – for legal analysis of the norms of draft laws; the method of comparative analysis allowed us to explore the system of military courts in some foreign countries; the statistical method has dose to determine the quantitative indicators of military criminal offenses and military crimes and to determine their impact on the functioning of the criminal justice system. Methods of analysis and synthesis have allowed offering specific algorithms for solving the problem of military courts system establishing. Two opposite positions on the introduction of a system of military courts are analyzed there. One of the important arguments for the introduction of military courts is the foreign experience of legal regulation of the activities of such judicial bodies that exist in many leading states of the world, in particular in most countries of the European Union. It has been stated that foreign experience of regulating military justice cannot be absolutized and formally implemented into national legislation, considering the various legal traditions of countries and the current martial law in Ukraine. The study emphasizes that the draft laws concerning the restoration of military courts system are extremely important, relevant, timely and containing good proposals for the future functioning of military courts. It is substantiated that these draft laws require some refinement, possible association, and reconciliation with the relevant constitutional legal norms. The authors propose to restrict the jurisdiction of military courts exclusively with the sphere of military criminal offenses, military crimes, cases of administrative offenses and disciplinary offenses committed by military personnel, reservists and conscripts during their fees. It is concluded that in the future the creation of military courts should depend on the comprehensive solution of the problem of creating a system of military justice.