Місце системи військового права в системі права України

English

The place of military law in the system of law of Ukraine

Abstract. The article investigates the ontological approach to the perception of military law, the essence is determined, which is manifested, first of all, in the institutionalized set of legal norms governing the established relations in the military sphere of society. Scientific research in the study of military law refers to the national system of law and, in the first place, the constitutional foundations of the state system. The urgency of these issues is significantly increasing in connection with the reform of the Armed Forces of Ukraine. Therefore, the authors examine the legal system of the norms of the military law, its public-law nature and place in the system of Ukrainian law. Therefore, we can testify to the theoretical study of the system of military law as an important component in the development of the Ukrainian state. Characteristics of the legal regime should be carried out by identifying the features of the subject, the method and purpose of legal regulation. It should be noted that by defining the military law as one of the links in the complex interconnections of the system of law, it is necessary to focus on the scientific substantiation of the very possibility of assigning a military law to the elements of this system. The formation of a system of military law and its structural components gives a quite logical explanation of the existence of complex branches as obligatory elements of the national legal system. The definition of military law, the disclosure of its features, is accompanied by the study of the peculiarities of the legal sources of this complex branch of law. Legal sources of military law form the normative system and contribute to the definition of the sector. Legal regulation of military law is considered one of the elements of the implementation of the external function of the state - the protection of sovereignty, integrity and territorial integrity, since the right to establish relations in the military sphere of social relations directly depends on the concept of national security and, through the prism of the system, affects not only society but also every citizen of the state.

Keywords: military law; nature; complex of legal norms; state administration; normative-value components; state structure; system of law; perception; conceptual principles