Порівняльний аналіз правового статусу військовослужбовців в державах-членах ЄС та Україні
The article analyses the legal status of military personnel, the specific features of the legal regulation of their service, and the interrelation between military duties, civil rights, and freedoms. It is noted that the legal status of military personnel requires improvement, especially in the current context of military aggression. The author emphasizes the importance of utilizing the experience of European Union countries to enhance national legislation and align it with international standards. The concept of political neutrality of military personnel, which is a fundamental element in ensuring the functionality and trust in the armed forces, is explored. A comparative analysis of legal approaches to this issue in EU countries, including France, Germany, Spain, Denmark, and the United Kingdom, is presented. The study highlights the peculiarities of the exercise of voting rights by military personnel, their participation in public associations, and the restrictions on political activity that balance the interests of military service and the status of military personnel. Special attention is given to the issues of disciplinary liability of military personnel, the specifics of imposing disciplinary sanctions, mechanisms for protecting the rights of military personnel in disciplinary proceedings, and the role of these mechanisms in maintaining military discipline. A comparison of Ukrainian legislation and legal approaches in EU countries is provided, including the differentiation of types of disciplinary sanctions, the procedure for bringing personnel to account, and the correlation between disciplinary and criminal liability. The study also examines the harmonization of the regulation of working hours, rest periods, and leave for military personnel. In this context, models of «constant readiness,» the peculiarities of regulatory provisions concerning duty hours, and comparisons with labor law norms in European countries are analyzed. It is concluded that integrating European experience into Ukraine’s legal system is a necessary condition for harmonizing military service legislation. This will improve the efficiency of the Armed Forces of Ukraine, ensure adequate protection of the rights of military personnel, and strengthen law and order as well as military discipline in the face of modern challenges.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-03-01
- Primary Topic
- War, Law, and Justice
- Type
- article
- Field-Weighted Citation Impact
- 0.00