Subject of national security law and military law

• Main Author: Шопіна, І.М.
• Format: Article in Journal/Newspaper
• Language: Ukrainian
• Published: Державний вищий навчальний заклад «Ужгородський національний університет» 2022
• Subjects: право національної безпеки; військове право; поняття військового права; предмет права національної безпеки; предмет військового права; структура військового права; law of national security; military law; concept of military law; subject of national security; subject of military law; structure of military law; North Atlantic
• Online Access: http://journal-app.uzhnu.edu.ua/article/view/255175

The purpose of writing gender is to determine the range of legal relations included in the subject of national security law and military law. Criteria for the selection of branches of law are investigated. Attention is focused on theoretical approaches to understanding the structure and subject of national security law. The definition of the concept of military law is proposed. Arguments are given that the subject of regulation of military law is military legal relations, which are of a recurring nature and are the subject of a special type of control. The rationale is that the social necessity for the existence of military law is due to the long-term conduct of military (combat) operations on the territory of our state, the occupation of a significant part of the territory of Ukraine, the need to strengthen military formations to increase the level of defense capability and adequately rebuff the armed aggression of the Russian Federation, as well as solve problems adapting the functioning of the military organization of the state according to the standards of the North Atlantic Alliance. The article determines that the subject of military law is military legal relations, which are public relations regulated by legal norms that arise during the functioning of military formations, preparation for defense and implementation of the protection of the state in the event of armed aggression or armed conflict. A feature of military legal relations is their complex nature, which determines their simultaneous belonging to both the sphere of public law and private law relations. Attention is focused on the fact that the share of public law relations in the subject of military law is much larger. The conclusion is made that the definition of the subject matter of national security law and military law makes it possible to achieve stability in the formation of its doctrine and improve the quality of rule-making activities aimed at filling numerous legal gaps. Мета написання статі – окреслення кола правовідносин, які ...