Abstract
Abstract. The article defines the theoretical, methodological and practical principles of military law as a separate branch of law and clarifies its place and role in the legal system of Ukraine. It was determined that military law is a system of universally binding norms, formally defined rules of conduct in the military-public sphere, which are established, protected and provided by the state and regulate social relations related to the activities of the military organization of society and are aimed at ensuring the protection of the state , sovereignty, territorial integrity. The main features of military law are normativity, formal certainty, obligation, regularity, procedurality, connection with the state, systematicity. In general, the structure of military law indicates its systemic unity, as a result of which the ontological features of this complex field of law are manifested, insisting on the fact of its existence and doctrinal certainty. Structural elements of military law have their own regulatory component. Provisions of one or more laws, normative acts, including military orders, international agreements, separate court decisions, which introduced law enforcement norms into the practice of legal regulation; norms of customary law fill the institutional formations of military law with content. It has been proven that military law is a system of universally binding norms, formally defined rules of conduct in the military-public sphere, which are established, protected and provided by the state and regulate social relations related to the activities of the military organization of society and are aimed at ensuring the protection of the state , sovereignty, territorial integrity. The main features of military law are normativity, formal certainty, obligation, regularity, procedurality, connection with the state, systematicity. Therefore, the formation and development of the concept of military law of Ukraine shows that military law is objectified in legal reality and requires an epistemological study of its essence, social functions, prospects, implementation of scientific forecasting, ensuring regulatory influence on important processes that take place in the military-public sphere in the conditions of Russia's military aggression, which poses a direct threat to national security. Military law is an integral complex formation of the integral system of Ukrainian law, therefore, scientific research in this area should be continued in this direction. Keywords: national law; modern Ukrainian law; legal norms; branch of law; legal system; military law; military; military formations; constitutional rights; rights of military personnel.
Published Version
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