This was stated by Head of Supreme Court Stanislav Kravchenko in a commentary to Ukrinform, commenting on the draft law registered in the parliament that provides for the establishment of military courts.
“It is impossible to establish military courts as a link without amending the Constitution. Article 125 of the Constitution does not allow for the creation of these courts, except if we act through the system of higher specialized courts, as the High Anti-Corruption Court was created, and now the High Administrative Court will be created. But I think, based on the number of cases involving the military and their importance, it will be physically impossible to consider them by creating one court in Kyiv like the HACC,” he said.
Kravchenko added that the issue of creating courts falls within the competence of the President, “and, as we see, there is no such initiative from the President.”
According to the Chief Justice, the only way to consider cases involving the military is to have judges specialize in the courts, as is happening now.
According to him, if military courts are to be established, the military prosecutor’s office and military defense bar should be restored.
“If we restore military justice as a whole, I think we have neither the physical, material resources nor time to do so. I direct my activities to ensure [the consideration of cases against the military] based on the resources that are available. So far, I’ve succeeded,” the head of the Supreme Court said.
As reported, in March, the Verkhovna Rada registered draft law No. 13048 on amendments to the Law “On the Judiciary and the Status of Judges” regarding the functioning of military courts.
It is proposed to provide that military courts of garrisons consider cases of military criminal offenses, violations of the rules and customs of warfare, violations of the legislation on state secrets in the Armed Forces and military formations, administrative cases in which a military or military administration body is a party, cases of disciplinary offenses of military personnel.
According to the document, the appellate courts that review court decisions made by garrison military courts are military courts of appeal, which are established in appellate districts.
Source: Head of Supreme Court: Military courts cannot be established without constitutional amendments
