Chief Justice: Issue of establishing military courts remains debated

This was stated in an interview with Ukrinform by Stanislav Kravchenko, President of the Supreme Court of Ukraine.

“If we talk about the system of military courts, it existed in independent Ukraine for quite a long time. First, there were military tribunals, then military courts. But around 2010–2011, it was decided that perhaps we no longer needed an army – and consequently, military courts were also deemed unnecessary. The system of military courts was abolished,” Kravchenko said.

According to him, since the start of the war, discussions about restoring such jurisdiction have intensified, as the size of the armed forces and the number of cases related to military service have increased.

“When this issue became particularly acute during the war, discussions began, and even two relevant draft laws appeared in parliament, though they have not yet been considered,” he noted.

At the same time, the President of the Supreme Court pointed out that during the war there has been a significant rise in cases related to military service procedures, as well as issues concerning the social protection of service members and their families.

“When military personnel themselves raised the need during the war to create military courts they would trust more, I supported this – even out of respect for those defending our homeland,” Kravchenko said.

However, he added that there is no unified position among the military regarding the creation of such courts.

“Some see military courts as a potential threat, similar to military tribunals, fearing they could have a certain prosecutorial bias. This concern exists, especially if military judges were to be subordinate, for example, to the Minister of Defense,” he explained.

Kravchenko also highlighted a number of organizational issues that would need to be addressed if military courts are established. These include defining their jurisdiction, forming their network, and ensuring efficient operations, particularly in criminal proceedings. Staffing remains a separate challenge.

As reported, the Office of the President of Ukraine is currently analyzing the feasibility of establishing military courts.

Several draft laws on the creation of military courts have been registered in the Verkhovna Rada. In particular, draft law No. 13048 was introduced by MP Serhii Vlasenko, titled “On Amendments to the Law of Ukraine ‘On the Judiciary and Status of Judges’ regarding the functioning of military courts.”

Additionally, on March 11, 2025, Maksym Dyrdin, a member of the parliamentary legal committee, registered an alternative draft law No. 13048-1, titled “On Amendments to the Law of Ukraine ‘On the Judiciary and Status of Judges’ regarding the establishment and organization of military courts.”

Photo: Supreme Court of Ukraine