The Armed Forces in Institutional and Functional Concept

Abstract

The article deals with the interpretation of the term "armed forces" in the context of the current legal system of the Czech Republic. The authors propose to distinguish between the armed forces in the institutional concept and in the functional concept. The essence of the solution is the interpretation of Section 3(1) of the Armed Forces Act (No. 219/1999 Coll.) in the functional concept, i.e. in such a way that the armed forces are understood to include soldiers assigned to the Ministry of Defence, military schools, the Military Police and the Military Intelligence. Another solution could be to add a paragraph to the Armed Forces Act stating that "The provisions on members of the armed forces shall apply mutatis mutandis to soldiers on active service assigned to the Ministry of Defence, military schools, the Military Police and the Military Intelligence." The aim of the article is initiation professional discussions about the issue in question, as well as indications of directions as to how it would be appropriate to solve the matter.