News scritte da DIKHTIIEVSKYI PETRO

News scritte da DIKHTIIEVSKYI PETRO

DIKHTIIEVSKYI PETRO

Military and administrative law: development trends in the context of Russian military aggression challenges and threats
02.07.2023

Jul

2

In today's world, given the rapid development of global transformation processes, economic, political and legal systems, ensuring the full functioning of any state without proper provision of defence and security sector is virtually impossible. However, despite the transformation of the matter of national security and defence from the height of scientific discussions down to practical actions within the framework of the state security policy, the issue of effective legal regulation of the country's defence remains open. The current military-political situation around Ukraine, caused by the full-scale invasion of the Russian aggressor on the territory of Ukraine, which increasingly reveals theoretical and practical issues in the field of military-administrative law of Ukraine and proves the lack of proper attention to the legal aspects of defence, also increases the urgency of the problem. The purpose of this article is to analyse the system of military-administrative law, trends in its development in order to improve the cur-rent system of state defence in the context of Russian military aggression. To achieve this goal, authors used a system of scientific methods, including, in particular: dialectical method, method of synthesis and analysis, method of deduction, historical method, historical-legal, formal-legal method and system-structural method. During the work, authors analysed theo-retical issues of the development of military-administrative law, the existing military-administrative legislation and found a number of problems that currently exist, in particular the lack of proper legal regulation of the activities of the Territorial Defence Forces and mili-tary administrations and the interaction of volunteer organizations and the Armed Forces. Au-thors also covered functioning of the Cabinet of Ministers during an armed attack, the issue of parliamentary control over the activities of the security and defence sector, where authors provided possible solutions. The results of the study have priority for the formation and devel-opment of military-administrative law as a separate sub-branch of Special Administrative Law and the reform of the security and defence sector in the context of administrative and le-gal support of the state defence.

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