Draft bill #13008 of February 10, 2025 

Sponsor: MP Serhii Vlasenko from the Batkivshchyna faction 

Status: sent for review to the Committee on Legal Policy 

Who is affected: the judiciary system and the Armed Forces of Ukraine 

Summary: 

  • the bill proposes to establish military garrison courts, military appellate courts, and a specialized chamber considering military cases within the Criminal Cassation Court of the Supreme Court 
  • military courts will handle cases related to: 
    • military criminal offenses 
    • violations of the laws and customs of war 
    • violations of the laws on state secrecy in the Armed Forces of Ukraine and other military units 
    • administrative offenses involving service members and military management bodies 
    • disciplinary offenses committed by service members 
  • a judge of the military appellate court will have to have at least five years of experience as a judge in criminal cases 
  • a judge of the military cassation court will have to have at least ten years of experience as a judge in criminal cases 
  • judges of military courts will have to undergo specialized mandatory training in military law, military discipline, tactics of military operations, and the operational specifics of military units within one year of their appointment, and will have to take refresher courses at the National School of Judges of Ukraine at least once every three years 
  • judges of military courts will receive military ranks according to their qualifications and work experience. 

What is right: 

  • if the bill is implemented, the general courts’ workload will decrease. Regular courts are generally overworked with cases of various kinds. The shortage of judges results in delays in the consideration of military crimes and disciplinary violations 
  • rapid consideration of military cases is particularly important in wartime 
  • military courts can ensure effective judicial oversight of the work of territorial centers for recruitment and social support, military management bodies, and law enforcement units in combat zones, ensuring compliance with the necessary level of secrecy and the preservation of military secrets 
  • the establishment of specialized chambers within existing courts will combine the advantages of specialization with guarantees of judicial independence 
  • the professional resolution of military disputes will improve due to the higher qualifications of judges in military matters. 

Why this is important: the establishment of s specialized military judiciary is a necessary condition for strengthening the country’s defense capabilities and ensuring the rights of service members. In the context of a full-scale invasion, when service members bear tremendous responsibility for defending the country, the effective functioning of the military justice system is critically important. Military courts, given their independence and professionalism, can become a key element of this system, providing quick, fair, and professional consideration of cases related to military service. 

Background information: until 2010, Ukraine had a system of military justice, but due to a reduction in the number of the Armed Forces, the decision was made to eliminate military courts. All civil matters in the army began to be addressed by general courts.