Why the establishment of a military ombudsman institution does not solve the main problem
The Verkhovna Rada passed a law on the military ombudsman. The emergence of such an institution is a direct result of the demand of society and the military themselves, who need reliable protection mechanisms. The military ombudsman is already in place, but the law strengthens the importance of this position and provides a more precise list of the official's powers.
The law provides the military ombudsman with significant powers that allow him to directly influence the situation. It can consider complaints and provide primary legal aid, as well as conduct inspections in military units, educational institutions and even in combat areas.
However, despite all these possibilities, it is important to realize that the Ombudsman is not a full-fledged law enforcement or judicial authority, but only an auxiliary body. Its powers are limited to the preparation of recommendations and analytical conclusions, but not to the adoption of binding decisions.
If the inspection reveals signs of a crime, the ombudsman can only refer the case to another institution, and its further fate depends on the other body. Thus, the military bureaucracy can still ignore the ombudsman's findings and disregard its recommendations, as they are not binding.
That is why the creation of an ombudsman institution does not solve the main problem – the lack of a full-fledged military justice system. The system of military courts was abolished when external threats were not taken seriously, and this is still evident today. The volume of cases related to the military has now increased many times over, demonstrating the failure of civilian justice.
Civilian judges do not have a proper understanding of the specifics of military service, statutory relations and combat experience, which leads to delays in case consideration.
Therefore, the restoration of a full-fledged military justice system, including military police, prosecutors and courts, remains as relevant as ever. And this mechanism should be discussed more actively in our society .
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