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UDC 342.922:355.21
 
SHAMRAI Vasily,
d. State. Ex., Professor, Department of administrative, financial and information law Kyiv National University of Trade and Economics

VERNYHORA Vitaly,
graduate student of administrative, financial and information law Kyiv National University of Trade and Economics
 

ADMINISTRATIVE AND LEGAL STATUS OF MILITARY FORCES 

Background. Administrative reform and socio-economic changes taking place in Ukraine constantly require finding and implementing new ways aimed at improving compliance with requirements of discipline and rule of law in military formations. At this stage of Ukraine’s development to protect its sovereignty and territorial integrity is one of the most important tasks of the state and cannot be done without the successful functioning of military forces. Given the fact that military forces are of particular importance to national defense, characteristics of their administrative and legal status should determined.
The aim of the article is to analyze the concept and components of administrative and legal status of military forces in Ukraine.
Materials and methods. The work was carried out by using different general scientific and special methods. Structural and functional research method was used to characterize the definition of «military forces», «administrative and legal status of military forces»and their components.
Results. For a more accurate and complete understanding of the concept of «administrative and legal status»it should be viewed through the prism of its legal personality, thus highlight items such as purpose, objectives, functions, powers, competencies, methods and forms of activity, responsibility. All the elements of the administrative and legal status should be divided into four parts: target; organizational and structural; competence; legal liability. Describing the administrative and legal status of military forces, the purpose of their creation should be noted first. Based on the specific purpose it is apparent that military forces are controlled by the military administration, which together with the Supreme Council of Ukraine, President of Ukraine and the Cabinet of Ministers of Ukraine determine their main functions and tasks within the limits set by the legislation of Ukraine.
Conclusion. The definition of «military forces»should fully cover all the features that characterize them as a set of military formations and units, because they are the main basis of this issue. That is why we believe it’s appropriate to give a definition of military forces. Military forces are established under the laws of Ukraine set of associations (formations and units) and their management that belong to the land, sea, air and special forces of Ukraine, have temporary or permanent organization, staffed with the military, have the right to carry and use weapons and military equipment and are intended to defend Ukraine, protect its sovereignty, state independence and national interests, territorial integrity and inviolability in case of armed aggression, armed conflict or threat of attack by direct warfare (combat) action.

Keywords: status, administrative and legal status, military force, defense, national security, sovereignty.


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