Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 77
Abril
Junio
2023
Recibido el 25/02/23 Aceptado el 16/04/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 41, Nº 77 (2023), 390-404
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Dierences between the service
in the national police and military
service of law and order
DOI: https://doi.org/10.46398/cuestpol.4177.26
Andrii Ivanytsia *
Oleksandr Yunin **
Andrii Fomenko ***
Mykhailo Loshytskyi ****
Serhii Shevchenko *****
Abstract
By combining the dialectical and systemic structural method,
the purpose of the article was to determine the peculiarities in the
dierences between the service in the National Police of Ukraine
and the Military Public Order Service. As for their practical
signicance, there are three main types of service: civilian,
militarized and specialized. It is shown that the service of the National
Police of Ukraine, like the Military Public Order Service, is a militarized
state service, but the Military Public Order Service is purely military and the
service of the National Police of Ukraine is “paramilitary”; although both
institutions perform relatively similar law enforcement functions and tasks.
The research assessed the international experience of police and military
institutions. It is concluded that, among the ways to improve the current
administrative and legal support for the regulation of social relations in the
sphere of law enforcement service and, order in the army, in the territories
where war hostilities are actively developing, the institute of civilian service
should be realized on the issue of dierentiation of types of service, namely:
the division into civilian and militarized.
* Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of General
Law Disciplines of the Educational and Scientic Institute of Law and Innovative Education of
Dnipropetrovsk State University of Internal Aairs (Dnipropetrovsk, Ukraine). ORCID ID: https://
orcid.org/0000-0001-8818-5334
** Doctor of Legal Sciences, Professor, Honored Worker of Science and Technology of Ukraine, the First
Vice-Rector of Dnipropetrovsk State University of Internal Aairs (Dnipropetrovsk, Ukraine). ORCID
ID: https://orcid.org/0000-0003-4846-2573
*** Doctor of Legal Sciences, Associate Professor, Rector of Dnipropetrovsk State University of Internal
Aairs (Dnipropetrovsk, Ukraine). ORCID ID: https://orcid.org/0000-0003-3755-4130
**** Doctor of Legal Sciences, Professor, Honored Lawyer of Ukraine, Professor of the Department of Public
and Private Law of Rauf Ablyazov East European University (Cherkasy, Ukraine). ORCID ID: https://
orcid.org/0000-0003-0533-0079
***** Candidate of Legal Sciences, Associate Professor, Director of the Educational and Scientic Institute
of Distance Learning and Advanced Training of Dnipropetrovsk State University of Internal Aairs
(Dnipropetrovsk, Ukraine). ORCID ID: https://orcid.org/0000-0003-4133-8860
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 390-404
Keywords: public service; military service; military public order service;
national police; public control.
Diferencias entre el servicio en la policía nacional y el
servicio militar de orden público
Resumen
Mediante la combinación del método dialéctico y estructural sistémico,
el propósito del artículo fue determinar las peculiaridades en las diferencias
entre el servicio en la Policía Nacional de Ucrania y el Servicio de Orden
Público Militar. En cuanto a su signicado práctico, hay tres tipos principales
de servicio: civil, militarizado y especializado. Se demuestra que el servicio
de la Policía Nacional de Ucrania, al igual que el Servicio de Orden Público
Militar, es un servicio estatal militarizado, pero el Servicio de Orden Público
Militar es puramente militar y el servicio de la Policía Nacional de Ucrania
es “paramilitar”; aunque ambas instituciones realizan funciones y tareas
de aplicación de la ley relativamente similares. En la investigación valoró
la experiencia internacional de las instituciones policiales y militares. Se
concluye que, entre las formas de mejorar el soporte administrativo y legal
actual para la regulación de las relaciones sociales en la esfera del servicio
de protección de la ley y, el orden en el ejército, en los territorios donde
se desarrollan activamente las hostilidades de la guerra, el instituto del
servicio civil debe concretarse en el tema de la diferenciación de los tipos de
servicio, a saber: la división en civil y militarizado.
Palabras clave: servicio público; servicio militar; servicio de orden
público militar; policía nacional; control público.
Introduction
There are dierent systems of public service building in the world,
its classication, approaches to its types, etc. These dierences are due
to the dierent historical paths taken by States, legal family, the form of
government, the State system, established traditions, etc. The institution of
militia has been existing for a long time in Ukraine, which we «got» as the
Soviet heritage. Currently the National Police of Ukraine has undergone
signicant reforms, especially in the general philosophy of activity.
Thus, the National Police diers from the militarized Soviet militia by
its emphasis on the civilian component and the provision of police services,
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Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
the priority of cooperation with civil society, etc. Nowadays, this agency
is very specic social institution, the aim of which remains the same – to
protect human rights and freedoms, provide property security, be perceived
by society and support the government (Panova et al., 2020).
At the same time, law enforcement relations also exist within the Armed
Forces of Ukraine, which is handled by the Military Law and Order Service.
However, the need to create a full-edged Military Police institution
within the Ministry of Defense of Ukraine has long been overdue. This
has been repeatedly emphasized by dierent researchers; for example, in
the recommendations and conclusions of the international scientic and
practical conference “Military Justice System in Ensuring the National
Security of Ukraine” the need to amend existing legislation on the main
components of the national military justice system was noted, and one of
them has a special status as a state law enforcement agency in the military
sphere (Military Police of Ukraine).
Besides, it was proposed to establish State law enforcement agency with
a special status in the military sphere on the basis of the Military Law and
Order Service of the Armed Forces of Ukraine (Petryshyn, 2019). Aspects of
dierences in service are being updated against the backdrop of increased
hostilities and the need to maintain law and order in the territories of
Ukraine in conditions close to or under combat.
The purpose of the article is to determine the peculiarities of the
dierences between the service in the National Police of Ukraine and
Military Service of Law and Order, to determine the prospects for improving
the administrative and legal support for the regulation of public relations
in the area of rule of law in the army, in the territories where active combat
operations are conducted.
1. Methodology
The use of dialectical and system and structural methods allowed to
analyze modern scientic approaches to the essence of the concepts of civil,
militarized and specialized service, to clarify the legal status of Military
Service of Law and Order as a special law enforcement formation within
the Armed Forces of Ukraine.
Historical method made it possible to investigate legislative attempts
to create the institution of the Military Police of Ukraine by examining the
relevant Bills.
Logical and semantic method was used in the process of researching
the characteristics of military and paramilitary service, mechanisms of
organization and functioning, competence, tasks and functions of the
Military Service of Law and Order.
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Vol. 41 Nº 77 (2023): 390-404
Formal and logical method was applied in the analysis of the content of
national legal instruments governing the activities of the National Police
and Military Police.
Systematic approach helped to provide classication of police
organization models, as well as features of militarized civil service and
public service.
Forecasting and modeling method was helpful in outlining necessary
amendments to the legislation of Ukraine on the Military Service of Law
and Order in the Armed Forces of Ukraine in view of the continuation of the
development process of the Draft Law of Ukraine “On the Military Police”.
2. Literature Review
Military law and order are an objective necessity and regularity of the
development of the Armed Forces, which serves as a model for military
personnel in their choice of behavioral decisions. Military service is a special
type of public service, where lifestyle and activities of ocers are regulated
in detail by the provisions on military service.
Members of the armed forces have a special status and the exercise
of their rights is subject to certain restrictions. A necessary stage of
strengthening military discipline in the army is the creation of a unied
system of military law enforcement and other bodies ensuring support for
military discipline and crime prevention (Kovaliv and Drozdova, 2016).
Let us note the approach to the classication of law enforcement agencies
of Ukraine by the scientist Muzychuk (2009), who proposed to distinguish
two main groups in the system of law enforcement bodies: 1) indirectly
law enforcement (Security Service of Ukraine, State Customs Service of
Ukraine, State Tax Service of Ukraine (now – State Fiscal Service), State
border service of Ukraine and others, including the Military Service of
Law and Order); 2) direct law enforcement, which includes the relevant
subdivisions of the specied indirect law enforcement agencies, which were
specially created to protect the rights and freedoms of citizens, the interests
of society and the State, primarily from criminal acts.
We consider this classication to be successful, because the law
enforcement agency in the Armed Forces of Ukraine and its units perform
not only direct law enforcement tasks, but also have other functions
provided for by the legislation of Ukraine.
Instead, Shoptenko (2017) attributes the Military Service of Law and
Order to the group of direct security forces that comprehensively implement
law enforcement activities in various directions. The researcher assigned
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Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
bodies and units that implement separate law enforcement functions to the
second group.
The ancient process of creating the Military Police Corps took place
in the United States – more than 200 years ago. Its role is to provide the
Army with soldiers – professionals in investigations to protect, preserve
and promote the rule of law. The discipline of police operations and the
methodology of military police operations shape the military police approach
to the operational environment and provide a framework for which police
operations are conducted. The basis of all activities of the Military Police
Corps is six principles, providing, at the same time, operational concepts
and an operational environment (Department of the Army, USA, 2019).
The Military Police of Canada provide a variety of operational, law
enforcement, investigative and security services at bases and units in this
country and around the world wherever the Canadian Armed Forces are
deployed. There are currently over 2,000 military police ocers in the
Canadian Armed Forces. In addition, the military police are an integral part
of the military justice system and, like the civilian police, operate within the
framework of civil and criminal justice. Members of the military police are
given certain powers to carry out their police duties. For example, they are
entitled to arrest, detain and search, bring charges in civil criminal courts
(Military Police Complaints Commission of Canada, 2018).
The main tasks of the Lithuanian military police are prevention of
crimes and other violations of legal acts, investigation and detection of
oenses, ensuring law and order in military territories and in the Armed
Forces, and supporting safety of military trac. Military police searches
for servicemen who are suspected or accused of committing crimes and
violations of legal acts, or missing soldiers, and act on instructions from
prosecutors, judges and courts. Military police maintain military discipline
and order by patrolling, guarding military transport, escorting convoys of
military vehicles (Lithuanian Armed Forces, 2023).
3. Results and Discussion
There are dierent views on the division of public service in general.
Thus, three basic types can be distinguished: civil service in the form of
service in State authorities, in the apparatus of such bodies where there
are no special titles, such as in the National Guard of Ukraine, the National
Police, the State Border Guard Service of Ukraine, etc., militarized public
service, in which employees perform labor activities in paramilitary or
those that have signs of paramilitary structures, receive military or special
ranks equivalent to military ones, have specic powers to exercise state
coercion; their activities are regulated by separate laws (for example,
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Vol. 41 Nº 77 (2023): 390-404
according to Article 3 of the Law of Ukraine No. 889-VII (2015), the scope
of the Law does not apply to servicemen of the Armed Forces of Ukraine
and other military formations; personnel of law enforcement agencies and
other bodies, to which special ranks are granted; the third type appears in
the form of specialized public service, that is, those employees who hold
positions in state authorities with a special status; at the same time, they
also hold special ranks and exercise certain specic powers, which may be
related not only with state coercion, as this can be attributed to prosecutors,
customs ocials, as well as diplomats, judges, employees of the State
Emergency Service (Mamchur, 2014).
In this regard, Strelchenko (2019) points out that militarized state
service should be divided into military, that is, service in the Armed Forces
of Ukraine, in the Security Service of Ukraine, and law enforcement or
paramilitary State service, which should include the police, State Border
Service, etc. Based on this separation, the service in the National Police
of Ukraine, like Military Service of Law and Order, is a militarized state
service, but the latter is purely military, and the rst one is paramilitary,
although both institutions perform similar law enforcement functions and
tasks.
We, in turn, fully agree with the following list of features of militarized
civil service: 1) it contributes to the State’s performance of protection
(defense) functions from external and internal threats; 2) real possibility
of using coercion; 3) carried out by armed groups of people; 4) entry
into service has a number of special requirements; 5) is based on a strict
hierarchical principle combined with the obligation to follow orders; 6)
specic legal status of employees, which implies special benets and special
accountability (Pysmennyi and Lypovska, 2015).
Some foreign researchers also distinguish three main groups of public
service abroad: organizational models (divided into centralized and
decentralized); group of models on the level of openness (career or closed
and ocial or open); regional models of civil service (according to relations
between the state as the employer and civil servant – Anglo-Saxon and
continental (Sydorenko, 2016).
If we talk about classications of models of police organization,
Rukolainina and Lemish (2017) highlight the following: centralized,
decentralized and combined (integrated). It is important that researchers
divide the centralized model into subspecies, namely the functioning of
the civil police (Sweden, Denmark, Norway, Ireland, Finland), as well as
the civil police with special units – the gendarmerie (France, Spain, Italy,
Portugal, Belgium, Holland, Poland). The combined (integrated) model
of police management, which is characteristic of Great Britain, Germany,
Japan, and the Netherlands, provides, in addition to the “ordinary” police,
for the possibility of special institutions with police functions (transport
police, nuclear power police, military police, etc.).
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Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
Parkhomenko-Kutsevil (2015) stresses on the specic example of France
and distinguishes three main types of the French civil service system:
political civil service in the form of ministers and their deputies; civil, which
includes administrative employees of ministries, departments, local state
authorities and their employees, who are appointed mostly on a competitive
basis and have guarantees against dismissal); paramilitary or militarized
(military personnel, gendarmes and policemen). A fairly original division
into ve categories of civil servants exists in Hungary, one of which is called
“agents in uniform” (policemen, military, remen, customs ocers and
others).
Babych (2019) states that law enforcement agencies with military status
operate in NATO countries in the eld of defense and allocates military
police, carabinieri and gendarmerie; he emphasizes that such services are
endowed with broad powers to detect, cease and investigate war crimes. The
experience of using military police in Italy in the matter of subordination to
this institution is quite interesting; thus, Melnyk (2019) points out that such
function is performed by Military Carabineros, who in matters of defense
are subordinate to the Italian Ministry of Defense of Italy and in matters of
public order – to the Ministry of internal aairs.
As for France, their military police in the form of the National
Gendarmerie have dual subordination: to the Minister of Defense of France
(as a component of the Armed Forces) and to the Minister of Internal
Aairs (as a component of the police system). The Gendarmerie is headed
by the General Director. The number of the National Gendarmerie is
about 110,000 employees, it also includes the Republican Guard, mobile
gendarmerie, units deployed outside France, etc.
According to Art. 1 of the Law of Ukraine No. 3099-III (2002), Military
Service of Law and Order is a special law enforcement formation within
the Armed Forces of Ukraine, designed to ensure law and order and
military discipline among servicemen of the Armed Forces of Ukraine in
places where military units are deployed, military educational institutions
and organizations, military towns, on the streets and in public places;
to prevent criminal and other oenses in the Armed Forces of Ukraine,
their termination; to protect life, health, rights and legitimate interests of
servicemen, conscripts during trainings, employees of the Armed Forces of
Ukraine, as well as to protect the property of the Armed Forces of Ukraine
from theft and other illegal encroachments and to counteract sabotage and
terrorist acts at military facilities.
As can be seen from this provision, a number of functions and tasks,
such as precautionary measures, crime prevention, protection of public
order, etc., are inherent in the police functions of the National Police of
Ukraine.
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It is worth noting that in 2019, at the international scientic and practical
conference “Military Justice System in Ensuring the National Security of
Ukraine”, a number of tasks were put forward that should be referred to the
proposed new State law enforcement agency:
• protecting rights, freedoms and legitimate interests of military
personnel, reservists and persons liable for military service, as well
as their family members;
• ensuring law and order in the Armed Forces of Ukraine and other
military formations established in accordance with the laws of
Ukraine;
• prevention, detection and cease of oenses, combating crimes and
corruption in the Armed Forces and other military formations, as
well as in the defense and industrial complex of the State;
• carrying out pre-trial investigations in criminal proceedings in
accordance with the specied jurisdiction;
• participation in the introduction and implementing measures of the
legal regimes of martial law and state of emergency;
• ensuring rule of law in the areas of hostilities, operations of joint
forces, peacekeeping and anti-terrorist operations, and in countering
sabotage and terrorist acts at military facilities;
• providing road safety of vehicles and military equipment of the
Armed Forces of Ukraine and other military formations;
• ensuring the execution of criminal penalties and administrative nes
imposed on military personnel in accordance with the legislation
and protection of military facilities determined by the Cabinet of
Ministers of Ukraine (Petryshyn, 2019).
Clearly, granting pre-trial investigation powers and other powers to
such a body power of pre-trial investigation and other powers is the subject
of considerable discussion. Currently, the Verkhovna Rada of Ukraine has
registered and included in the agenda the Draft Law No. 6569-1 (2022)
“On the Military Police”, which denes such it as the central body of
executive power with a special status providing the interests of the State
in the sphere of defense and national security of Ukraine by performing
law enforcement activities on the prevention, detection, termination,
investigation and solving crimes, oenses assigned to its jurisdiction,
as well as implementing preventive measures to ensure law and order in
the Armed Forces of Ukraine, other military formations in the Ministry of
Defense of Ukraine, forces and resources involved in the performance of
territorial defense tasks, State clients in the sphere of defense, individual
performers of the State contract (agreement) on defense procurement and
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Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
protection of the country’s in the eld of defense and national security in
the manner determined by law.
The authors of the said draft law on the scope of the mandate went far
beyond those recommended at the international scientic and practical
conference “Military Justice System in Ensuring the National Security of
Ukraine”.
At the same time, among the tasks proposed in the bill there are none
to take under hostilities across large parts of Ukraine, areas of operations
of joint forces, peacekeeping and anti-terrorist operations. We suppose
it is quite a valid thesis that near or directly in active theatre of combat
operations, the civilian National Police, having no priority and no emphasis
on military training in combat, is somewhat unsuitable for the performance
of tasks of supporting law and order in the areas of hostilities.
The project also states that the activities of the Military Police are
directed and coordinated by the Cabinet of Ministers of Ukraine, as well
as the Minister of Defense of Ukraine within the limits set by law, and the
independence of the Military Police is guaranteed by: 1) the special status of
the Military Police, specic procedure for determining its general structure,
nancing and organizational activity support; 2) particular process for
appointing and dismissing the Chief of the Military Police, the Deputy Chief
of the Military Police, the Director of the Department of Investigations
and Special Prevention, and the Deputy Chief of the Military Police, the
Director of the Department of the Military Police, the Deputy, as well as an
exhaustive list of grounds for terminating their mandate, etc.
Probably, among the priority tasks of the Military Police should be the
maintenance of law and order in the areas of hostilities; besides, interaction
or even direction and coordination of some issues related to public order
should be legislated.
An important aspect remains the question of the controllability of
such a structure, namely aspects of civil or public control, as ocial
activities of law enforcement agencies is under careful attention on part
of society (Sirokha et al., 2020). For example, there have been decades of
implementation of standards and control regulatory support in European
states (Yunin, 2021a). Democratic civil control should be carried out in the
manner specied by the Law of Ukraine “On the National Security” (Law of
Ukraine No. 2469-VIII, 2018).
According to it, citizens of Ukraine participate in the implementation
of civil control through public associations, deputies of local councils,
personally by applying to the Commissioner of the Verkhovna Rada of
Ukraine for human rights or to the State agencies in the manner established
by the Constitution of Ukraine and other legal instruments. The sphere of
public supervision can be limited exclusively by the Law of Ukraine “On
State Secret” (Law of Ukraine No. 3855-XII, 1994).
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Instead, there is a separate section dealing with public control in the
Law “On the National Police” (Law of Ukraine No. 580-VIII, 2015), but,
unfortunately, the concept of such control is not dened there. Instead,
Yunin (2021) proposes valid denition of public control over the activities
of the National Police of Ukraine; thus, it is a complex of measures carried
out by the representatives of the public (individual citizens and/or public
associations) aimed at verication (observation, supervision) over the
observance of legality by the National Police units or its individual ocers
during the performance of the tasks assigned to this body and the powers
of the policemen, as well as at the interaction of the police with the public
for the preparation and implementation of joint projects, programs and
measures to meet the needs of the population and improve the eectiveness
of the performance of the tasks assigned to the police.
Another Draft Law No. 1805 (2015) proposed to create such police in
the form of law enforcement body subordinated to the Minister of Defense
of Ukraine, appointed to ensure law and order in the Ministry of Defense
of Ukraine and the Armed Forces of Ukraine; military police investigators
should have become pre-trial investigators.
Among the arguments was that in the vast majority of the leading
countries of Europe and the world, law enforcement agencies with military
status (Military Police, Carabinieri, Gendarmerie) function within the
structure of their armed forces, are subordinate to the Minister of Defense
or have dual subordination, endowed with broad powers to detect, cease
and investigate crimes committed by military personnel, as well as perform
police and administrative functions in the interests of the entire country
(Kuzmych, 2020).
Clearly, it raised a number of questions regarding the independence and
eectiveness (in terms of impartiality) of the Military Police, which should
be directly subordinated to the Ministry of Defense of Ukraine, so we
consider additional guarantees in the 2022 project regarding its autonomy
to be fully justied and proper. The modern Military Law and Order Service
needs to be reformed into a full-edged body of executive power in the form
of the Military Police.
Conclusions
Thus, according to the set goal and the conducted research, we came to
the following conclusions:
Civil service can be divided into civil, militarized and specialized. In
turn, the militarized state service includes the Armed Forces of Ukraine,
the National Police, the Military Service of Law and Order, etc. According
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Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
to current legislation, the Military Law and Order Service belongs to such a
subtype of militarized service as the military, and the service in the National
Police to the law enforcement or paramilitary state service as a subtype of
militarized, although both institutions currently perform some police law
enforcement functions.
Therefore, among the ways of improving the current administrative and
legal regulation of social relations in the eld of law-and-order protection
service in the army, in the territories where hostilities are actively taking
place, it is worth concretizing the institute of civil service in the matter of
dierentiation of types of civil service, namely the division into civil and
militarized;
Militarized state service has a number of specic and inherent features:
1) law enforcement focus; 2) use of coercion method; 3) special criteria for
admission, passing and dismissal; 4) availability of uniform and ceremonial;
5) a centralized system based on subordination; 6) regulation by special
legislation.
Service in the National Police and the Military Law Enforcement Service
has a number of dierences, among which belonging to either the military
or one that only has some features of military service. In the National Police,
despite the militarized component, the civilian component is the main one
in the issue of interaction and provision of police services to civilians, i.e.,
citizens of Ukraine, while the Military Law and Order Service is aimed
primarily at the implementation of law enforcement functions among
military personnel.
If we talk about draft laws “On the Military Police”, the dierences are
in the subordination, coordination and direction of the activities of the
National Police of Ukraine or the Military Police, in the legal regulation of
the issue of public control or civil democratic control over the activities of
institutions.
We note that among the priority tasks of the Military Police should be
the maintenance of law and order in the areas of hostilities, it is also worth
legislating the order of interaction or even the direction and coordination
of some issues related to public order, etc., which is more inherent in the
functions of the National Police of Ukraine, by the Ministry of Internal
Aairs.
Bibliographic References
BABYCH, Yurii. 2019. “Ways of ensuring legality and law and order in the
system of the Ministry of Defense of Ukraine and the Armed Forces of
Ukraine” In: System of military justice in ensuring national security of
401
CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 390-404
Ukraine of the International scientic and practical conference. Artek
Publishing House. Кyiv. Available online: In: http://ippi.org.ua/sites/
default/les/zbirnik_14.11.2019.pdf. Consultation date: 04/01/2023.
DEPARTMENT OF THE ARMY, USA. 2019. Military Police Operations. Army
Publishing Directorate. Available online: In: https://armypubs.army.
mil/epubs/DR_pubs/DR_a/ARN16188-FM_3-39-000-WEB-2.pdf.
Consultation date: 04/01/2023.
DRAFT LAW NO. 6569-1. 2022. On the Military Police, Bulletin of the Verkhovna
Rada of Ukraine, Kyiv, Ukraine, February 15, 2022. Available online: In:
https://itd.rada.gov.ua/billInfo/Bills/Card/39001. Consultation date:
04/01/2023.
DRAFT LAW OF UKRAINE NO. 1805. 2015. On the Military Police,
Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, January
21, 2015. Available online: In: http://webcache.googleusercontent.
com/search?q=cache:T9I-xoD-F2gJ:w1.c1.rada.gov.ua/pls/zweb2/
webproc4_1%3Fpf3511%3D53648&cd=1&hl=uk&ct=clnk&gl=ua.
Consultation date: 04/01/2023.
KOVALIV, Myroslav; DROZDOVA, Iryna. 2016. “The activity of the Military law
and order service in the Armed Forces of Ukraine” In: Scientic Bulletin
lviv state university of internal aairs. No. 2, pp. 208-216.
KUZMYCH, Ivan. 2020. “General theoretical aspects of forming military police
for providing legitimacy in the armed forces of Ukraine” In: Law Bulletin.
Vol. 04, No. 57, pp. 41-46. Available online: In: https://er.nau.edu.ua/
bitstream/NAU/45698/1/7.pdf. Consultation date: 04/11/2022.
LAW OF UKRAINE NO. 2469-VIII. 2018. On the National Security of Ukraine,
Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, June 21, 2018.
Available online: In: https://zakon.rada.gov.ua/laws/show/2469-
19#Text. Consultation date: 04/11/2022.
LAW OF UKRAINE NO. 3099-III. 2002. On Military Law and Order Service at
the Armed Forces of Ukraine, Bulletin of the Verkhovna Rada of Ukraine,
Kyiv, Ukraine, March 07, 2002. Available online: In: https://zakon.rada.
gov.ua/laws/show/3099-14#Text. Consultation date: 04/01/2023.
LAW OF UKRAINE NO. 3855-XII. 1994. On State Secret, Bulletin of the
Verkhovna Rada of Ukraine, Kyiv, Ukraine, January 21, 1994. Available
online: In: https://zakon.rada.gov.ua/laws/show/3855-12#Text.
Consultation date: 10/11/2022.
LAW OF UKRAINE NO. 580-VIII. 2015. On the National Police, Bulletin of
the Verkhovna Rada of Ukraine, Kyiv, Ukraine, July 02, 2015. Available
402
Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
online: In: https://zakon.rada.gov.ua/laws/show/580-19#n1123.
Consultation date: 10/11/2022.
LAW OF UKRAINE NO. 889-VII. 2015. On State Service, Bulletin of the
Verkhovna Rada of Ukraine, Kyiv, Ukraine, December 10, 2015. Available
online: In: https://zakon.rada.gov.ua/laws/show/889-19#n929\.
Consultation date: 10/11/2022.
LITHUANIAN ARMED FORCES. 2023. Military Police. Available online: In:
https://kariuomene.lt/en/structure/other-units/military-police/23590.
Consultation date: 10/01/2023.
MAMCHUR, Hanna. 2014. “Types and models of public service” In: Bulletin
of Taras Shevchenko National University of Kyiv, Series: Public
Management. No. 1, pp. 41–45. Available online: In: http://www.irbis-
nbuv.gov.ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LINK&P
21DBN=UJRN&Z21ID=&S21REF=10&S21CNR=20&S21STN=1&S
21FMT=ASP_meta&C21COM=S&2_S21P03=FILA=&2_S21STR=
vknud_2014_1_14. Consultation date: 10/11/2022.
MELNYK, Serhii. 2019. “Military justice system in NATO Member States:
theoretical and practical aspects” In: System of military justice in ensuring
national security of Ukraine of the International scientic and practical
conference. Artek Publishing House. Available online: In: http://ippi.
org.ua/sites/default/les/zbirnik_14.11.2019.pdf. Consultation date:
10/01/2023.
MILITARY POLICE COMPLAINTS COMMISSION OF CANADA. 2018.
Departmental Plan. Available online: In: https://publications.gc.ca/
collections/collection_2018/cppm-mpcc/DP2-6-2018-eng.pdf.
Consultation date: 10/11/2022.
MUZYCHUK, Oleksandr. 2009. “Current state of theoretical development and
legislative denition of the concept of law enforcement bodies and their
list” In: Bulletin of Kharkiv National University of Internal Aairs. No.
44, pp. 12-21.
PANOVA, Oksana, Andrii TANKO, Vladyslav POVYDYSH, and Olha
ALIEKSIEIEVA. 2020. “Law Enforcement Agencies in the System of
Entities of Protection and Defense of Human Rights” In: Amazonia
Investiga. Vol. 9, No. 30, pp. 77-83. Available online: In: https://doi.
org/10.34069/AI/2020.30.06.8. Consultation date: 10/01/2023.
PARKHOMENKO-KUTSEVIL, Оksana. 2015. “Modern problems of formation
of the system of civil service posts and ways of their solution” In: Public
Govenance. No. 1 (1), pp. 163-170.
403
CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 390-404
PETRYSHYN, Oleksandr. 2019. “Welcome address to the conference” In: The
collection: System of military justice in ensuring national security of
Ukraine of the International scientic and practical conference. Artek
Publishing House. Кyiv, Ukraine. Available online: In: http://ippi.
org.ua/sites/default/les/zbirnik_14.11.2019.pdf. Consultation date:
06/01/2023.
PYSMENNYI, Ihor; LYPOVSKA, Nataliia. 2015. “Types of public service:
theoretical debate” In: “Public management and local government”. Vol.
4, No. 27, pp. 200-210. Available online: In: http://www.irbis-nbuv.gov.
ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LINK&P21DBN=UJ
RN&Z21ID=&S21REF=10&S21CNR=20&S21STN=1&S21FMT=ASP_
meta&C21COM=S&2_S21P03=FILA=&2_S21STR=dums_2015_4_24.
Consultation date: 06/01/2023.
RUKOLAININA, Iryna; LEMISH, Oleksii. 2017. “Features of management of
police of foreign countries and the possibility of using their experience in
Ukraine” In: Juridical scientic and electronic journal”. No. 2, pp. 96-97.
http://lsej.org.ua/2_2017/30.pdf. Consultation date: 06/01/2023.
SHOPTENKO, Svitlana. 2017. “System of law enforcement agencies of Ukraine”
In: Scientic Bulletin of Public and Private Law. No. 3, pp. 150-155.
Available online: In: http://www.nvppp.in.ua/vip/2017/3/31.pdf.
Consultation date: 06/01/2023.
SIROKHA, Dmytro; FELYK, Vasyl; PODOROZHNII, Yevhen; PODOROZHNII,
Artem. 2020. “Basic Aspects of the Compliance with Discipline and
Legitimacy Within the Ocial Activities of Police” In: Amazonia
Investiga. Vol. 9, No. 25, pp. 487-492. Available online: In: https://
amazoniainvestiga.info/index.php/amazonia/article/view/1098.
Consultation date: 06/01/2023.
STRELCHENKO, Oksana. 2019. “Doctrinal Characteristics of Public Services
in Ukraine: Understanding and Classication” In: Philosophical and
Methodological Problems of Law. № 1 (17), pp. 104-111. Available online:
In: https://philosophy.naiau.kiev.ua/index.php/philosophy/article/
view/1144/1148. Consultation date: 06/01/2023.
SYDORENKO, Nataliia. 2016. “Summary of lectures on the discipline public
service in Ukraine” In: Dniproprtrovsk State University of Internal
Aairs. Dnipro. Available online: In: https://dduvs.in.ua/wp-content/
uploads/files/Structure/library/student/lectures/1110/17.1.pdf.
Consultation date: 06/08/2022.
YUNIN, Oleksandr. 2021a. “Public control over police activities: international
practice and experience of individual foreign countries” In: Scientic
404
Andrii Ivanytsia, Oleksandr Yunin, Andrii Fomenko, Mykhailo Loshytskyi y Serhii Shevchenko
Dierences between the service in the national police and military service of law and order
Bulletin of the Dnipropetrovsk State University of Internal Aairs.
Special Issue. Vol. 2, No.115, pp. 25-31. Available online: In: https://
doi.org/10.31733/2078-3566-2021-6-25-30. Consultation date:
06/08/2022.
YUNIN, Oleksandr. 2021b. “The concept of public control over the activities of
the National Police of Ukraine” In: Entrepreneurship, Economy and Law.
No. 4, pp. 200-204. Available online: In: https://doi.org/10.32849/2663-
5313/2021.4.30. Consultation date: 06/08/2022.
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