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Article Legal Governance of Consulting Activities of the Private Military Companies in Ukraine
Authors NINO PATSURIIA , VALENTYNA LYSHENIUK
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10 / 2023
Pages 49 - 60
Annotation

The full-scale military aggression of the RF against Ukraine caused the need for a thorough study of issues that have not previously been the subject of legal scientific research. One of these issues is the problem of the creation and functioning of private military companies in Ukraine, in particular, the provision of military consulting activities by such companies. It should be noted that high-quality consulting of the military sector can be one of the factors that will accelerate the victory of Ukraine, but domestic legal framework does not govern specifics of the military consulting services provision. In addition, despite the fact that Ukrainian scientists analyze certain aspects regarding functioning of the private military companies, it must be stated that the legal doctrinelacks a comprehensive analysis of the necessary legislative requirements for the creation of private military companies and their consulting activities.

The purpose of the article is analysis of the best international practices regarding creation and operation of private military companies, in particular, the study of the specifics of the military consulting services provision by such companies, as well as identification of key issues regarding the consulting activities of the respective companies that require immediate legal regulation.

The authors analyzed the origins of the development of military consulting activities and emphasized the important role of such activities during the Second World War. The problems of legislative regulation of private military companies, in particular the definition of the concept of “private military company”, types of activities that can be carried out by such companies, key elements of legal governance of activities according to international practice are studied. Attention is focused on the specifics of providing military consulting services as part of the professional activities of private military companies.

The authors considered the draft laws on military consulting activities aimed at regulating this type of activity in Ukraine. Based on the analysis of draft laws, the authors determined proposals for their improvement, namely, it was proposed: to clarify key terms (“military consulting services”, “subjects of military consulting activities”), to regulate the specifics and procedure of providing relevant services in Ukraine, as well as to establish requirements for creation and licensing of subjects of military consulting activity.

 

Keywords consulting activity; consulting; private military companies; military consulting activity; military consulting services; subjects of military consulting activities; economic law; economic activity
References

Bibliography

 

Dictionaries

1. Slovnyk ukrainskoi movy, t 3: Z (Bilodid I holova redkol, Hnatiuk H, Chertoryzka T red, In-t movoznavstva im O O Potebni 1972) (in Ukrainian).

2. Slovnyk ukrainskoi movy: t 5: N–O (Bilodid I holova redkol, Vynnyk V, Yurchuk L red, In-t movoznavstva im O O Potebni 1974) (in Ukrainian).

 

Journal articles

3. Honcharenko O, Neskorodzhena L, Iefremova I, Lomakina I, Malyshko I, ‘Development of the Concept of Corporate Social Responsibility: Practice in Ukraine’ (2022) 28 Comparative Law Review 385 (in English).

4. Vinnyk O, Zadykhaylo D, Honcharenko O, Shapovalova O, Patsuriia N, ‘Economic and Legal Policy of the State in the Field of Digital Economy’ (2021) 10 International Journal of Criminology and Sociology 387 (in English).

5. Honcharenko O, ‘Samorehuliuvannia hospodarskoi diialnosti v umovakh pravovoho rezhymu voiennoho stanu’ v Pravove zabezpechennia rynkovykh vidnosyn v umovakh hromadianskoho suspilstva: Zbirnyk naukovykh prats, vyp. 5 (Poliukhovych V, Bakalinska O red, NDI pryvatnoho prava i pidpryiemnytstva imeni akademika F H Burchaka NAPrN Ukrainy 2022) 117 (in Ukrainian). 6. Polyuhovich V, ‘Reformuvannya gospodarsko-pravovi osnovi regulyuvannya ekonomiki v konteksti еvroіntegratsіyi’ (2023) 22 Privatne pravo ta pіdpriеmnitstvo 178–83 (in Ukrainian).

 

Websites

7. Producer and interbranch organisations: The European Commission supports farmers’ participation in producer and interbranch organisations <https://agriculture.ec.europa. eu/common-agricultural-policy/agri-food-supply-chain/producer-and-interbranchorganisations_ en> (accessed: 14.04.2023) (in English).

8. Rekomendatsii dlia ukrainskykh orhaniv derzhavnoho upravlinnia shchodo nablyzhennia do prava YeS (Association4U 2018) <http://web.archive.org/web/20220123224432/ https://eu-ua.kmu.gov.ua/sites/default/files/inline/files/legal_approximation_ guidelines_ukr_new.pdf> (accessed: 14.04.2023) (in Ukrainian).

 

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