Characteristics and Functional Purpose of the System of Criminal Law Rules Providing Protection of Military Law and Order

Abstract

Based on the provisions of the general theory of systems and the theory of law, the author of the paper, taking into account philosophical objective attitudes, argues that, despite the fact that the law-maker refers legal norms ensuring protection of the military law and order to differnt institutions of criminal law, they must be regarded as a system that is a holistic, relatively independent, component institution of criminal law. The author argues that this system in its type belongs to open systems, since even in the conditions of partial determination in the structure of the criminal law it is able to react to the external conditions through available points of contact. Given various challenges and threats to the military law and order at the beginning, this system, having transformed them, allows in the end to provide prevention of military crime and criminal law protection of the military law and order. It is stated that this system is based on a variety of external and internal relations between its elements and larger formations. Among such connections the author enumerates genetic relations (spawn relations), coordination, subordination and structural intra-system connections that together support homeostasis of the systems of military-criminal norms, i.e. ensure its existence and functioning. The structure of this system depends on its subject and functional purpose, namely, providing criminal legal protection of military law and order in peacetime and wartime. The analysis of the integrative properties of this system, its typological characteristics and subject and functional purpose makes it possible to conclude that the system of military and criminal law rules constitute a sub-brunch of criminal law.