Time of war and martial law, relations, mutual dependencies and legal, organisational and functional dillema.

Abstract

ObjectivesThe aim of the article was to solve the research problem included in the question: Can we adopt specifically defined procedures that define imposing of "martial law", "state of war" and "time of war"?MethodsThe methods adopted in the research process are primarily critical analysis of a wide spectrum of source materials, including compact items, scientific articles, legal acts, Theoretical methods characteristic for security science, i.e. analysis, synthesis, comparison, inference and abstraction, were supplemented by participatory observation.ResultsAlthough the procedures for imposing "martial law", "state of war" and "time of war" have been defined at the level of the Constitution of the Republic of Poland and ordinary legislation, the applicable legal order does not formulate norms that would systematically develop these concepts in a defined form. This problem, which at times takes on the consequences of the lack of a common position of theoreticians and practitioners, raises concerns from the point of view of the legal system.ConclusionsThe conclusions of the article show that it is difficult to clearly set the procedures defining the direct use of the definitions of "martial law", "state of war" and "time of war". A lot of scientists are having a discussions about this. There is also a whole range of documents and legal acts that do not generally regulate the security and defense of the state, but some of their provisions refer to "time of war", "state of war" and "martial law".