Analytical notes
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Abstract. The analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in NATO member states (the legislation of eight states is analyzed: Great Britain, Germany, France, Italy, Poland, Estonia, Latvia, Lithuania). The normative requirements and principles of the implementation of the educational process with the participation of cadets, the conditions of their financial support, the procedural issues of acquiring basic military education, the formation of relevant knowledge, skills, and competencies have been determined. The organizational and legal foundations of the state policy of training military professional personnel are considered, the components of the military education system, the specifics of the activities of military educational institutions are determined. Common features and national differences during training of cadets, conditions of their material and economic support as military personnel were revealed.
Key words: national defense policy, higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces, NATO standards.
06/2024
Abstract. The analytical note considers legislation in the field of defence procurement and parliamentary control of NATO member states, in particular for the presence of special legal norms that would regulate such issues during the martial law. The conducted research is due to the feasibility of developing directions of the effective and transparent procedures for defence procurement, their coordination with the generally accepted practices of NATO member states. The legislation of the following countries was analysed: Belgium, Great Britain, Denmark, Estonia, Italy, Canada, Netherlands, Germany, Norway, Poland, USA, Turkey, France, Czech Republic, Sweden.
Key words: public procurement, defence procurement, martial law, parliamentary control, NATO member states.
04/2024
Abstract. The analytical note continues the study of the functioning of the sergeant corps in the armed forces of individual NATO member states, its place in the Alliance's military command system, the tasks and functions of the chief sergeants of the armed forces of individual NATO countries (their equivalent positions, which in NATO have the generalized name Command Senior Enlisted Leader (CSEL) - senior leader from among the rank and file and non-commissioned officers of the command), in particular: Senior Advisor to the Rank and File Chairman of the Joint Chiefs of Staff (Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff – SEAC)Sergeant Major of the Lithuanian Armed Forces and their offices - in the comparative aspect of the activities of the chief sergeant of the Armed Forces of Ukraine and the subordinate Office for working with the non-commissioned staff of the Armed Forces of Ukraine. The research was carried out in view of the updated domestic legislation and clarification of information regarding: communication of the senior commander of the sergeant corps (NCO) with the chief sergeants or senior advisers to the commanders; the Office of the Chief Sergeant of the US Armed Forces.
Key words: the Armed Forces, NATO, chief sergeant, private and sergeant personnel, sergeant corps.
03/2024
Abstract. The analytical note examines current issues and features of the legislative regulation of the mobilization reserve and service in it in the legislation of NATO member states. In this context, first of all, the issues of staffing the mobilization reserve, staying and serving in it, the obligation / right to serve in the military reserve, age requirements for reservists are considered; cases of postponement; length of service; punishments provided for persons who evade service in the military reserve; peculiarities of mobilization when declaring a state of war/emergency through the prism of the legislation of NATO member states.
The mentioned issues are analyzed on the example of the legislation of such NATO member states as: USA, Great Britain, Turkey, Latvia, Lithuania, Estonia, Finland, Bulgaria, Croatia.
Key words: military service, reserve, mobilization, postponement of military service, NATO member states.
03/2024
Abstract. The analytical note examines which formations, such as the National Guard of Ukraine, function in NATO member states (the legislation of eight countries: Spain, Italy, Germany, Poland, Portugal, Romania, Turkey, France is analyzed). The legal status of such formations and their place in the state security system has been clarified; main tasks and functions; separation of military and law enforcement functions; jurisdiction; authority, etc. Identified common and distinctive features in the activities of these formations, which are called «National Guard», «gendarmerie» or other related names.
Key words: National Guard, gendarmerie, military police, jurisdiction, subordination, tasks and powers, the use of weapons, military and law enforcement functions.
12/2023
Abstract. The analytical note examines issues related to the legal regulation of ensuring military discipline and bringing servicemen to disciplinary responsibility in the NATO.
The relevant NATO standards and other normative documents, which introduce common basic principles of ethical behavior of military servicemen and personnel of the Alliance, establish general provisions on the system of disciplinary penalties, define common approaches used during disciplinary practice in the armed forces and governing structures of NATO member states are considered. In view of the above, the jurisdictional powers of the military police to take measures to ensure and maintain law and order and security, provided for by NATO normative documents, are also analyzed.
On the example of the member states of the Alliance, in particular the USA, Canada, Poland, Czech Republic the features of the legal regulation of the grounds and procedure for bringing to disciplinary responsibility of military personnel, the types of disciplinary penalties and the subjects of their application, the ratio of disciplinary and other types of liability are revealed - in a comparative context with legislative support disciplinary liability of military servicemen of the Armed Forces of Ukraine and other military formations.
Key words: NATO, military servicemen, Disciplinary responsibility, disciplinary action, ethical conduct, military police, Armed Forces of Ukraine.
12/2023
Abstract. The analytical note examines the experience of individual European states regarding integration into the NATO. In this context, the main stages and procedures of Euro-Atlantic integration, the key models of cooperation (collaboration) with NATO, used by the candidate states, are considered. The common and distinctive features of the NATO accession procedures of various countries are noted.
Key words: NATO, Euro-Atlantic integration, models of the integration, cooperation with the Alliance, foreign experience.11/2023
Abstract. This analytical note provides the research of regulatory and legal settlement issues of the institutional formation and development of cyber forces in some NATO countries (USA, Great Britain, France, Poland). The normatively established powers of cyber troops (cyber forces) regarding the conduct of defensive and offensive operations in cyberspace have been analyzed. The features of foreign experience in forming cyber troops (cyber forces) are summarized.
Key words: cyber space, cyber military, cyber command, military administration, cyber domain, cyber defense, cyber war, cyber operations, foreign experience.
10/2023
Abstract. The analytical note provides research issues of creating a mechanism for legalizing trophy arms owned by Ukrainian citizens through their recording and registration (in the context of the draft Law of Ukraine «On the Right to Civilian Firearms», Reg. No. 5708 dated 25.06.2021). With this purpose, it gives the analysis of the legislative framework of Ukraine, existing international practice, international humanitarian law and the legislation of other countries, first of all those that have faced the problem of unaccounted for weapons held by civilians as a result of military conflicts.
Key words: arms, weapons, trophy arms, legalisation, weapons circulation, civilian firearms, foreign experience.
05/2023
Abstract. The issues of the military management of the NATO sergeant corps, functions and tasks of the Senior Enlisted Advisor to the Chairman (SEAC) of the Joint Committee of the Chiefs of Staff of the Armed Forces USA and Chief Sergeant (non-commissioned officer) (CSEL) of the Armed Forces of Lithuania in the comparative aspect of the activity of the Office for work with the non-commissioned staff of the Armed Forces of Ukraine and its head – Chief Sergeant of the Armed Forces of Ukraine are examined in the analytical note.
Key words: Senior Enlisted Advisor to the Chairman, Command Senior Enlisted Leader, Command Senior Enlisted Leaders of the Non-Commissioned Officer Corps, Command Sergeant Major, Lithuanian Armed Forces Command Senior Enlisted Leader, Non-commissioned officers, NATO.
01/2023