LEGAL STATUS OF THE MILITARY OMBUDSMAN

Abstract

The article is devoted to analyzing the legal status of the Military Ombudsman as defined by the Law of Ukraine of 17 September 2025 No. 4603-IX. The focus is placed on the fact that the full-scale Russian armed aggression has caused significant changes in the security and defense sector, in particular the increase in the number of service members, the complication of rotation processes, the rise in physical and psychological pressure on personnel, as well as the intensification of information and psychological influence. The combination of these factors has affected the observance of the rights of service members and led to an increase in the number of complaints regarding violations of rights and freedoms. The article summarizes scholarly contributions dedicated to the institution of the military ombudsman and emphasizes that most studies covered the period prior to the adoption of the Law of Ukraine “On the Military Ombudsman.” It is substantiated that an analysis of the law’s provisions reveals gaps and inconsistencies that impede the effective functioning of the institution under examination. In particular, the law contains vague formulations regarding the interaction of the Military Ombudsman with other entities responsible for protecting the rights of service members, does not define criteria and procedures for the appointment or dismissal of this official, and does not establish requirements for legal education or experience in human rights protection. A particular problem is the absence of clearly defined measures of legal liability for failure to comply with the lawful requests of the ombudsman, which undermines the effectiveness of his powers and impedes the real restoration of violated rights of service members. It is concluded that the state of protection of service members’ rights in a warring country directly affects the moral and psychological climate within military units, the implementation of mobilization plans, and public attitudes in Ukrainian society. Therefore, granting the Military Ombudsman the powers necessary to perform his duties, as well as establishing corresponding obligations and responsibilities for other actors, is essential for ensuring a real positive impact on the protection of the rights of the personnel of the Armed Forces of Ukraine and other military formations. The existing gaps and inconsistencies in the legal status of the Military Ombudsman must be eliminated so that the activities of this official can truly influence the observance of service members’ rights and improve the effectiveness of military governance processes