Bilousov Y. Court Proceedings In Cases Commenced On Complaints Lodged By Servicemen Against Unlawful Actions And Decisions Of Military Command Bodies And Military Officials.

The object of investigation is problems of cases opened by complaints made by servicemen which are court-martialled. Complaints are connected with decisions, actions or inactivity of administration bodies and officials. The aim of investigation is creation of theoretical and practical recommendations for improvement of legislation and practice of its application as to ways of defence of servicemen rights. Methods of investigation - theoretical analysis, historical analysis, structural-functional, comparatively-juricial, formaly-logical. Theoretical and practical results: a notion and characteristics of military administration activity were amplified; the classification of this activity was made; recomendations as to establishment a load for every department in their joint administration activity were worked out; circumslances which are to be defined in the process of trial, opened by the complaints of servicemen, were describes. Proposals as to application of legislation concerning a burden of evidence in this category of the case were elaborated. Characteristics of taking a court decision and its implementation, which were examining on the reason of servicemen complaints, were amplified. The results of investigation can be used in the process of improvement of civil legal proceedings and administrative ones, in examining cases connected with illegal decisions, actions or inactivity of administration military bodies as in the complaints of servicemen and in teaching process while instructing definite juricial subjects. Novalty of investigation. It is the first composite investigation on the problem of court defence of servicemen rights in the sphere of military administrstion. Stage of application: in the teaching process of the Academy of Boarder Guard Troops of Ukraine, in preparation of the textbook "Civile Procedure", and in practical activity of juridicial service of the Security State Boarder Committee of Ukraine. Sphere of application - process of realization of judicial and military-judicial reformi n Ukraine; and in exercising justice by courts martial of Ukraine.