The Institution of the Military ombudsman through the prism of the new legislation

It is indicated that the formation of a democratic, legal state requires constant improvement of mechanisms for controlling the activities of security and defense sector bodies, especially during martial law. The effectiveness of the Armed Forces of Ukraine and other military formations to a certain extent depends not only on the material and technical level of support, but also on the state of observance of the rights and freedoms of servicemen. Ensuring effective democratic oversight in the field of national and military security has acquired particular significance in the context of the ongoing armed aggression against Ukraine. One of the key elements of such oversight is the newly introduced institution of the Military Ombudsman, the establishment of which предусматриes the creation of an independent mechanism for the protection of the rights of servicemen and civilian personnel within the defence sector. An important step towards the development of a democratic model of governance in the sphere of military security was the adoption of the Law of Ukraine “On the Military Ombudsman”; however, in practice, the implementation of this institution may, in our view, encounter a number of legal, organizational, and procedural challenges. The relevance of the topic is also обусловлена the need to develop scientifically grounded approaches to determining the place of the new institution within the system of bodies ensuring national security, as well as to establishing effective mechanisms of interaction with other public authorities, civil society, and the Armed Forces of Ukraine. This article makes an initial attempt to conceptualize the institution of the Military Ombudsman not only as a subject for the protection of the rights of servicemen, but also as a structural component of the mechanism for ensuring military and national security of the state. Furthermore, the paper substantiates conceptual approaches to defining the place and role of the Military Ombudsman within the national security system, analyses the problems related to the implementation of the provisions of the new Law of Ukraine “On the Military Ombudsman”, and proposes ways to improve the legal regulation of its activities. Scientific and practical recommendations are formulated with regard to strengthening the institutional independence of the Military Ombudsman and improving procedures for lodging complaints by servicemen.