(2019) 2 Visn. Nac. akad. prokur. Ukr. 28–43
https://doi.org/10.34285/visnyknapu2019.02.028
Title of the article Military Service in Ukraine and Italy: Comparative Study on Some Aspects
Author(s) OLENA YENI
PhD in Law, senior lecturer, department of initial and continuous training of military prosecutors, Institute for Continuing Professional Development, National Prosecution Academy of Ukraine, Kyiv, Ukraine, yeni@ap.gp.gov.ua
RICCARDO CRISTONI
colonel, defense attache, Embassy of Republic of Italy in Ukraine
Short title
of the journal (ISSN)		 Visn. Nac. akad. prokur. Ukr.
Year 2019
Issue 2
Pages [28–43]
Language Ukrainian
Abstract The changes introduced in February 2019 to the Basic Law, Ukraine formally declared the strategic course of the state to gain full membership in the European Union and the North Atlantic Treaty Organization. In the Preamble to the Constitution, the Verkhovna Rada of Ukraine, on behalf of the Ukrainian people, confirmed its European identity, and also stated the irreversibility of the European and Euro-Atlantic course. Therefore, today, as never before, it is important and urgent to take into account the best world practices on various aspects of the functioning of the state, and above all, it is relevant to the military sphere.
The Republic of Italy is a developed democratic state, with a powerful military potential and centuries-long experience of the functioning of the army. A reform of military service and military careers has taken place in Italy, in 2017, and it made it possible to unify and optimize the relevant procedures.
The purpose of the article is a comparative legal study of some issues of military service under the legislation of Ukraine and the Republic of Italy.
The article analyzes some indicators characterizing the military power of these states. Constitutional provisions in the field of defense and protection of these countries are presented. The structure of the Armed Forces of Italy and Ukraine is explored. So, it is noted that the Armed Forces of Italy include: the army, navy, air force, carabinieri corps while the fiscal guard belongs to the Ministry of Treasure. The latter two structures have military personnel, but their functions are of a police nature.
Particular attention is paid to the issues of military justice. It is established that in Italy there are both military prosecutors and military courts in accordance with three military districts; there is also a military supervisory authority with penitentiary functions.
The provisions on compulsory recruitment of military service in these countries are compared. The main aspects of the reform of the role and careers of the personnel of the Armed Forces in the Republic of Italy in 2017 are mentioned.
Finally, issues of gender equality and equal opportunities for female servicemen’ careers were explored.
As a conclusion, based on the analysis of the Military Organization of Italy and Ukraine, it was stated that the problem of the formation of military justice bodies in Ukraine needs to be seriously addressed by the legislator. This system should take into account the principle of separation of powers in Ukraine (legislative, executive, judicial branches) and include military courts, the military prosecutor’s office and the military investigation authority (as the central executive body), which must be staffed with military personnel, taking into account the principle of gender equality. Therefore, the experience of the military system of the law enforcement agencies of the Italian Republic must be thoroughly studied and taken into account as much as possible. It is also worth taking into account the positive experience of the Republic of Italy in matters of harmonized terms of service in the military rank for servicemen.
Keywords military service; military court; army; serviceman; rank; Italy.
References REFERENCES
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