Кодифікації військового законодавства України та Італійської Республіки: компаративістсько-правовий аналіз

The article examines the current problems of codification of military legislation of Ukraine and the Italian Republic on the basis of a comparative legal analysis of the legal provisions of the codification acts of the military legislation of the two states. The current problems of legal regulation of Ukrainian military legislation, which consists of more than 950 regulatory legal acts, are highlighted. The author’s definition of the concept of «codification of military legislation of Ukraine» is given. The importance of revising legal acts enshrined in more than 40 laws of Ukraine, which form the basis of the military legislation of Ukraine, including four codified acts of military legislation of Ukraine (Statutes of the Armed Forces of Ukraine), is emphasized. The article examines the features of the codification of military legislation in the Italian Republic, which was completed in 2010 in connection with the adoption of the Military Code of the Italian Republic. Special attention is paid to the comparative legal analysis of the legal norms enshrined in the nine books of the Military Code of the Italian Republic with the legal norms contained in the legislative acts of Ukraine. The conceptual principles of the codification of the military legislation of the two countries are highlighted. The problematic aspects of the codification of the military legislation of Ukraine are highlighted and ways of its development are proposed. The purpose of the article is to make a theoretical and legal study of the relevant aspects of codification of military legislation, to study the genesis of its development, to conduct a comparative legal analysis of codification of military legislation of Ukraine and the Italian Republic, and to examine the modern, positive, practical experience in rule-making activities on codification of military legislation made in the said country, which is a founding member of the North Atlantic Treaty. The purpose of this article is also to study the unique features of the national military legislations of Ukraine and the Italian Republic, to test and generalize practical recommendations on the best ways to further improve Ukraine’s military legislation as an integral part of national legislation, and to determine the possibility of codifying Ukraine’s military legislation in the context of our State’s integration into the pan-European system of collective security. The methodological basis of the study is the dialectical method, the method of analysis and synthesis, and the comparative method, with the help of which the author analyzes the essence and content of codification of military legislation at the level of regulatory regulation and scientific developments; the author defines codification of military legislation as a way of systematizing military legislation. Results: the author conducts a comparative legal analysis of the codification of military legislation of Ukraine and the Italian Republic, which is a NATO member state, and develops theoretical and legal grounds for further preparation of practical recommendations and proposals for codification of military legislation of Ukraine. Discussion: The controversial issue of codification of military legislation of Ukraine is the need to determine the conceptual framework, scope, and content of the draft Military Code of Ukraine as a single codification act of military legislation of Ukraine.