Reforming Military Law and Service in Ukraine: Lessons from the Military Police of Other Countries

Abstract

This article offers an in-depth analysis of the military police systems in various countries, including the gendarmerie, and provides concrete proposals for reforming the Ukrainian system of military legislation and order. The study underscores the urgent need to strengthen the service’s role in maintaining law and order within the Ukrainian Armed Forces, particularly given its current limitations in conducting criminal investigations and engaging in operational activities. At present, when criminal offenses are identified, military personnel are compelled to hand over cases to civilian law enforcement bodies such as the main police institution or the State Bureau of Investigation. This has not only caused procedural delays but also limits the military legislation and order system’s ability to ensure effective oversight and discipline within the military ranks. By drawing on the experiences of military police structures in countries such as the United States, Spain, France, and Turkey, the article demonstrates the advantages of granting military police forces greater investigative powers and specialised training to handle military-specific offenses. The analysis highlights how these international models combine military and civilian law enforcement techniques to maintain discipline and legal order. The article proposes a series of reforms aimed at empowering Ukraine’s system of military legislation and order, including granting it the authority to conduct independent investigations, engage in operational intelligence activities, and implement preventive measures. These reforms were intended to enhance the service’s capacity to maintain discipline, prevent offenses, and improve the overall effectiveness of law enforcement within Ukraine’s armed forces.