On the issue of the definitions of «military law», «military justice», «military court proceedings», «military court system» as expressions of the content of the relevant legal concepts
Among the current issues regarding the theoretical and legal foundations of the unity and stability of the concept of military law, it should be noted the multiplicity of definitions. It is designated as «military law», «military law and national security law» or «national security law and military...
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| Veröffentlicht in: | Науковий вісник Ужгородського національного університету. Серія Право Jg. 5; H. 91; S. 50 - 58 |
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| Hauptverfasser: | , , |
| Format: | Journal Article |
| Sprache: | Englisch |
| Veröffentlicht: |
22.11.2025
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| ISSN: | 2307-3322, 2664-6153 |
| Online-Zugang: | Volltext |
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| Zusammenfassung: | Among the current issues regarding the theoretical and legal foundations of the unity and stability of the concept of military law, it should be noted the multiplicity of definitions. It is designated as «military law», «military law and national security law» or «national security law and military law», «national security law», «military security law», «military sphere law», «military defense law», etc. The polyvariability of definitions and different interpretations of their content may indicate the absence of a well-established understanding of the subject, and therefore the circle of legal relations that regulates / should regulate the branch of military law both now and in the future, in the perspective of the development of relevant legal relations. Not to mention the qualitative development of legislative regulation of state-building practice in this area. The decisive conceptual factors that form the modern vector of development of the definition of military law, as an expression of the content of the relevant legal concept, are the progress of Ukraine as a democratic, legal state and the adjustments that the war brings to the life of the entire Ukrainian society and state, to all legal relations. The list of legal relations that arose in connection with martial law, both in the public and private spheres and are regulated by the norms of military law, has been significantly expanded. Obviously, the existing understanding of military law, as the «organizer» of the functioning of military formations and the protection of the state in the event of armed aggression or armed conflict, does not reflect the involvement of the entire Ukrainian society in the sphere of state security and defense. In the process of searching for a suitable definition, one should take into account the semantics of the use of the senses of the word «military». Thus, «military» – everything that happens during war, directly relates to war; «military» – everything related to the army, armed formations, their structure, material and technical support, organizational measures, legal grounds, policy in this area. As well as the correlation of the concepts «national security law» and «military law». In addition, one should pay attention to the established use of the wording «related to war» and «under martial law». It is possible to propose for scientific discussion the understanding of the concept of military law as a complex, integrated, interdisciplinary branch of law that regulates the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. An expanded understanding of the content of the concept of military law mediates the possibility of further defining concepts «derived» from it. It is possible to propose for discussion by specialists the understanding of the concept of military justice as a system of bodies that ensure the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. The concepts of «military court proceedings», «consideration of certain categories of cases regarding administrative and criminal offenses committed by servicemen» and «system of military courts» should be distinguished. Thus, the concept of military justice can be understood as the proceedings of various jurisdictions in cases regarding legal relations in the sphere of military law. Military law regulates all legal relations regarding the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. Therefore, «military offenses» is a much broader concept than «offenses, committed by military personnel». The analysis of judicial practice on the consideration of cases in disputed legal relations related to the war, obviously, indicates a wide range of theoretical and applied issues, in particular regarding the correlation of the concepts of «military offenses», «offenses, committed by military personnel», «offenses, related to the war» (by analogy with judicial practice in cases «related to the war»), which require further research. |
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| ISSN: | 2307-3322 2664-6153 |
| DOI: | 10.24144/2307-3322.2025.91.5.7 |