scholarly journals SYSTEMATIZATION OF MILITARY LEGISLATION OF UKRAINE: HISTORICAL AND LEGAL ASPECTS

2020 ◽  
pp. 27-43
Author(s):  
Volodymyr Shulgin ◽  
Keyword(s):  
Social Relations ◽  
Military Service ◽  
Legal Aspects ◽  
Historical Period ◽  
Legal Analysis ◽  
General Law ◽  
Applied Development ◽  
Regular Army ◽  
Military Law ◽  
The Military

The article analyzes the historical, legal and rule-making features of the systematization of military legislation of Ukraine during the IX-early XXI centuries in the Ukrainian lands as an ethnic state and states that influenced its formation, development and current state. In order to effectively systematize the military legislation of Ukraine, which is characterized by imbalance and inconsistency of acts as a result of permanent changes in conditions of political and economic instability, armed aggression and the ongoing special period, a comparative historical and legal analysis of the state and achievements in practical military codification experience that must be taken into account when streamlining the legislation in the field of defense of Ukraine. As a result of the conducted research the tendencies and normative-legal features of each historical period of systematization of the military legislation on the Ukrainian lands are established. It was found that by the XVII century. The provisions of military law were only interspersed with acts of general law; the emergence of a regular army led to institutional systematization in the form of separate military statutes. The only sectoral-targeted systematization of military legislation took place in the form of incorporation and only after the systematization of general legislation through the publication of the Code of Military Resolutions of 1839, 1859, 1869. Systematization of military legislation of XX–XXI centuries covered an even larger area of military-administrative, military-service, military-combat, civil-military social relations, but the rudimentary influence of the Code of Military Resolutions is preserved in the military statutes and military-criminal acts of Ukraine. Sectoral systematization of military legislation in the form of codification (unified Military Code) or intersectoral - in the field of defense (unified National Defense Code) has no short-term prospects due to weak theoretical and legal and practical-applied development.

scholarly journals Essence and content of legislation in the defense sector аnd its implementation: informational and legal research

2019 ◽  
pp. 17-25
Author(s):  
O. DOVGAN ◽  
V. YASCHENKO
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Research ◽  
General Law ◽  
Constructive Function ◽  
Scientific Analysis ◽  
Military Law ◽  
Basic Features ◽  
The Military

The article examines the system of legislation of the defense sector, issues related to the process of further improving the legal regulation of security and defense complex, which require a scientific analysis of the changes that take place. In particular, it was concluded that military law is a separate phenomenon in the legal system, national or international, by synthesizing the basic features of the general law and the specific features of the military-professional regulator of social relations. And the realization of military law as its main constructive function is one of the most urgent paradigms of the defense of Ukraine

Конница тюрко-монгольских народов Великой степи в российской армии XVIII – начала XIX в. Часть 1

2020 ◽  
Vol 15 (3) ◽  
pp. 64-97
Author(s):  
Utash B. Ochirov ◽  
Keyword(s):  
Military Service ◽  
18Th Century ◽  
Previous Issue ◽  
Russian Army ◽  
Late 18Th Century ◽  
Regular Army ◽  
Traditional Structures ◽  
The Military ◽  
Military Units ◽  
Early 18Th Century

The article examines activities of Turko-Mongols to have inhabited the Great Steppe and adjacent territories in the military service of Russia throughout the 18th and early 19th centuries. The period witnessed the employment of ethnic military units of irregular cavalries Russian army recruited from the Mongolian-speaking Kalmyks and Buryats, Turkic-speaking Bashkirs, Teptyars, Mishar and Tatars. The work focuses on the largest ethnic military forces ― those of the Kalmyks and Bashkirs. Despite Russian forces were reorganized to from a regular army in the early 18th century, the latter still contained significant irregular components, including ones recruited from Turko-Mongols. Initially, the ethnic groups had served as independent military contingents with traditional structures, tactics, and weapons, but by the late 18th century all ethnic forces were clustered into Don Cossack-type regiments. In the first part of the article, published in the previous issue, the features of military service of the Kalmyks and Bashkirs in their usual habitat ― in the Great Steppe were considered. The second part of the article analyzes the actions of the Turkic-Mongol cavalry in the three largest wars of Russia in the XVIII-early XX century. XIX centuries. (The Northern, Seven-Year War, the Patriotic War of 1812 and the Foreign Campaign of 1813–1814). Rational approaches and command of the ethnic units would yield good results ― both in Eurasian plains and European battlefields. The use of ethnic forces within the Russian army not only saved essential financial and physical resources for the defense of large territories and dramatically long frontiers but also facilitated further integration of their elites into the Empire’s community.

scholarly journals Study of Indicators of Nervous-Psychological Resistance and Social Maturity in Military Servants During the Message of Psycho

2020 ◽  
Keyword(s):  
Social Relations ◽  
Military Service ◽  
Professional Growth ◽  
Psychological Support ◽  
Social Maturity ◽  
Psychological Maturity ◽  
Psychological Influence ◽  
And Performance ◽  
The Military

The article is devoted to theoretical and empirical research, important personal characteristics of servicemen: neuropsychological stability and socio-psychological maturity, which are the focus of psychological influence by the psychologist of the military unit at all major stages of military activity from conscription to discharge. The article empirically examines the system of relationships between indicators of neuropsychological stability, socio-psychological maturity and social relations in military servicemen at the stages of adaptation and performance of tasks. A correlation analysis was performed, according to Pearson, with indicators of neuropsychological stability, social maturity and the quality of relationships with the immediate social environment. As a result of the analysis of the obtained data, it was found that social maturity is directly related to the quality of social relations in a serviceman, both in the family and in the military, and tends to increase during military service. The level of stability of neuropsychological stability associated with the growth of social maturity due to the reflex component. The servicemen performing the assigned tasks have a positive dynamics of increasing the level of social maturity due to the reflexive and moral component, which indicates their personal and professional growth due to organized psychological support. The tasks and the expected result of psychological support at the stages of adaptation and performance of tasks as assigned are determined. The main vectors of psychological influence on the part of a military psychologist are indicated. to increase the level of neuropsychological stability and socio-psychological maturity in the military.

scholarly journals FEATURES OF CODIFICATION OF LEGISLATION IN THE FIELD OF DEFENSE OF UKRAINE: ORGANIZATIONAL AND LEGAL ASPECTS

2021 ◽  
pp. 108-115
Author(s):  
V. Shulhin ◽  
Keyword(s):  
Social Relations ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Period ◽  
National Defense ◽  
Legal Norms ◽  
Existing Problems ◽  
Military Law ◽  
Legal Defense

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.

scholarly journals Конница тюрко-монгольских народов Великой степи в российской армии XVIII – начала XIX в. Часть 2

2020 ◽  
Vol 16 (4) ◽  
pp. 10-39
Author(s):  
Utash B. Ochirov ◽  
Keyword(s):  
Military Service ◽  
18Th Century ◽  
Russian Army ◽  
Late 18Th Century ◽  
Physical Resources ◽  
Regular Army ◽  
Traditional Structures ◽  
The Military ◽  
Military Units ◽  
Early 18Th Century

The article examines activities of Turko-Mongols to have inhabited the Great Steppe and adjacent territories in the military service of Russia throughout the 18th and early 19th centuries. The period witnessed the employment of ethnic military units of irregular cavalries Russian army recruited from the Mongolian-speaking Kalmyks and Buryats, Turkic-speaking Bashkirs, Teptyars, Mishar and Tatars. The work focuses on the largest ethnic military forces ― those of the Kalmyks and Bashkirs. Despite Russian forces were reorganized to from a regular army in the early 18th century, the latter still contained significant irregular components, including ones recruited from Turko-Mongols. Initially, the ethnic groups had served as independent military contingents with traditional structures, tactics, and weapons, but by the late 18th century all ethnic forces were clustered into Don Cossack-type regiments. The first part of the article deals with the features of military service of the Kalmyks and Bashkirs in their usual habitat ― in the Great Steppe. The second part of the article, which will be published in the next issue, analyzes the actions of the Turkic-Mongol cavalry in the three largest wars of Russia in the XVIII – early XIX centuries. (The Northern, Seven-Year War, the Patriotic War of 1812 and the Foreign Campaign of 1813–1814). Rational approaches and command of the ethnic units would yield good results ― both in Eurasian plains and European battlefields. The use of ethnic forces within the Russian army not only saved essential financial and physical resources for the defense of large territories and dramatically long frontiers but also facilitated further integration of their elites into the Empire’s community.

scholarly journals Military crimes in the system of criminal legislation of Ukraine

2018 ◽  
Vol 68 (1) ◽  
pp. 25-30
Author(s):  
S. О. Kharytonov
Keyword(s):  
Social Relations ◽  
Military Service ◽  
War Crimes ◽  
Criminal Code ◽  
The State ◽  
Professional Activity ◽  
Functional Relationships ◽  
Military Law ◽  
Criminal Legislation ◽  
The Relationship

The system of military crimes and its signs are considered. The place of the institute of military crimes in the system of criminal legislation of Ukraine has been determined. Criteria of systematization are characterized, the relationship between the system of war crimes and other systems of the Criminal Code of Ukraine is shown. The system of military crimes (as well as any other crimes) is important both theoretical and practical: first, it provides an opportunity to identify the most significant features inherent in military crimes; and second, due to these signs, the latter differ from each other; thirdly, the system of such crimes permits the separation of war crimes from non-military (ordinary or special-criminal), which is a prerequisite for their proper qualification, which, in turn, embodies the principle of the lawfulness of criminal law. The value of systematizing military crimes lies in their most important and stable functional relationships with various branches of law and allows for legal identification with sectoral legal systems, for example, with administrative and military law, through such logical terms as concepts, judgments and inferences. The main purpose (function) of the existence of an institution of military crimes is, undoubtedly, the protection of social relations that arise and exist between the state and the serviceman (military and reservists) in the process of bearing them an appropriate form of military service, which consists in the professional activity of its fit for state of health and age of citizens of Ukraine, foreigners or stateless persons, connected with the defense of the state, its independence and territorial integrity. So, the totality of military crimes has all the signs of the system, which characterizes the system-forming factor – a factor that determines the origin of the system itself.

scholarly journals Questions of the legal nature of the Minsk agreements (international legal analysis)

2020 ◽  
Vol 79 (4) ◽  
pp. 20-25
Author(s):  
В. В. Марков ◽  
А. В. Войціховський
Keyword(s):  
Legal Aspects ◽  
Legal Analysis ◽  
Military Conflict ◽  
Legal Documents ◽  
Legal Nature ◽  
Peace And Security ◽  
International Rights ◽  
Hybrid War ◽  
Correct Understanding ◽  
The Military

The importance of the Minsk agreements in resolving the conflict and the fact that they are the only agreed basis for achieving peace in eastern Ukraine has been repeatedly stated by world leaders and leaders of international intergovernmental organizations (primarily the UN, OSCE, EU, NATO, etc.). This fact determines the high importance of the processes taking place in the field of peaceful resolution of the conflict in eastern Ukraine. The relevance of the chosen research topic is due to the fact that the process of resolving the military conflict in Ukraine in the context of establishing stable peace and security in the east, as well as returning the occupied territories of Donbass to Ukrainian control is given much attention by political leadership scientific environment and the average population. In addition, the implementation of the Minsk Agreements was discussed at various international official meetings at the highest political level with the participation of the Ukrainian side. For Ukraine, which in the framework of the «hybrid war» faced such factors as the temporary occupation of the territory of Ukraine by the Russian Federation, issues of peace and security in the east of the state have become extremely important. As a result, legal scholars are increasingly questioning the legal nature of the Minsk agreements themselves, as well as the nature of the parties’ international rights and obligations. The article examines the international legal aspects of clarifying the legal nature of the Minsk agreements. The parties’ different understanding of the Minsk agreements on their legal nature is analyzed, the possible legal consequences in case of non-compliance with these international legal documents are determined, and the role and place of the Minsk agreements in the process of peaceful settlement of the conflict in eastern Ukraine are clarified. Scientifically substantiated conclusions on the correct understanding and interpretation of the Minsk Agreements as a specific type of international legal documents are provided.

scholarly journals MILITARY TORT � A PHENOMENON OF MODERN LEGAL SCIENCE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Roman V. Aliiev ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Military Service ◽  
Armed Forces ◽  
Legal Science ◽  
Social Acts ◽  
The Subject ◽  
Theory Of Law ◽  
Military Law ◽  
The Military

The article considers the problem of general awareness of the legally significant properties of military offences (crimes, misdemeanours), their relationship with other types of offences, which is actually an urgent task, especially for the science of military law and the integration of legal science � general theory of law. Based on the analysis of terminological and conceptual aspects of military offences (crimes, misdemeanours), their own typology, legal features and features of the composition, the author of the article proposes their generalized definition as �military torts�. The study of the essence and content of military tort as a phenomenon of modern legal science, as well as ways to prevent, detect and stop it, is a special, special law enforcement tool within the leading institute of military law. Further study of the phenomenon of military tort provides an opportunity to form an independent complex scientific field - military tort. It is proved that the causes and conditions of offences in the Armed Forces of Ukraine involve a complex set of factors, processes and phenomena. At the same time, they are characterized by a number of features due to the specifics of military service and the activities of troops (forces). For example, the activities of personnel, internal order, military life and other military-public relations, which are regulated as much as possible by the rules of military statutes. In addition to military statutes, military-public relations are regulated by other rules of law, for example, the scope of criminal law is much broader � servicemen are responsible for committing both general crimes and military criminal offences. Considering the subject of research, which is a �military tor� as a phenomenon of modern legal science, it should be noted that in the theory of law and in the practice of personnel in the direction of legal support of military formation used phrases such as �military administrative offences�, �criminal offences�. Against the established order of military service (military criminal offences)�, �war crimes�, �military and disciplinary offences in the military sphere�, �criminal order or instruction �, etc. Therefore, there is a problem in determining the meaning of terms, and there are several reasons for this. The first, classic - the definition of the term allows you to outline the subject of research and discussion, the range of related problems. Another is the problem of the spread of offences in the military sphere, i.e. ensuring the national security and defense of Ukraine, due to its specificity is global (phenomenal) and therefore can be most effectively solved only if joint efforts are made at both international and national levels. Ensuring their effective interaction directly depends on a consistent understanding and interpretation of terminology in the direction of the study of lawful behaviour or the causes and conditions of deviant �tort� behaviour of service members. Thus, we see that the epistemological processes of formation of military torts as a phenomenon of scientific and legal category is characterized by a certain inconsistency, ambiguity and fragmentation, generated by situational aspects of necessity. However, we can determine that a military tort is a set of illegal (anti-social) acts (crimes or misdemeanours) provided by the current criminal legislation of capable subjects of military-public relations, encroaching on the foundations of national security, organization of the Armed Forces of Ukraine and public order. Understanding and understanding of the acquired knowledge should be the basis for improving the institution of legal responsibility of servicemen in the military sphere as a fundamental means of protection, mechanism, guarantor, designed to ensure regulatory, protective and protective function of military law, without which the existence and development of modern Ukrainian army is impossible.

scholarly journals The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries)

2019 ◽  
Vol 17 (3) ◽  
pp. 260-277
Author(s):  
Yu. I. Petrov ◽  
A. I. Zemlin ◽  
O. M. Zemlina
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Starting Point ◽  
Scientific Results

The article analyzes Russian historical and legal heritage containing the norms governing social relations that arose in the process of development of water and inland roads, transportation, state administration in the transport field, and studies the most important norms of Russian transport legislation. The purpose of the research was to study legal regulation of transport relations in the historical period from 9th through 18th centuries in order to identify the main stages of development and periodization of domestic transport law.The study was carried out using methods of legal analysis, including formal-dogmatic method, which allowed to reveal some of shortcomings and gaps of legal regulation; historical and legal method, that, in combination with the methods of taxonomic analysis, made it possible to carry out authors’ periodization of formation of transport legislation during the studied period. The use of achievements of legal hermeneutics and tools of the linguistic-semiotic and semantic approaches provided an opportunity to clarify the content of legal norms and legal documents referring to the period under review.The results of the study are of interest from the point of view of revealing historical patterns of development of transport law, make it possible to assess the role and place of transport legislation in the system of legal regulators of public relations. The presented scientific results, taking into account already existing and practically substantiated developments, can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian transport law and transport legislation.

Subject Nationalities in the Military Service of Imperial Russia: The Case of the Bashkirs

Slavic Review ◽  
1987 ◽  
Vol 46 (3-4) ◽  
pp. 489-502 ◽  
Author(s):  
Robert F. Baumann
Keyword(s):  
Military Service ◽  
Armed Forces ◽  
Imperial Russia ◽  
National Minorities ◽  
Regular Army ◽  
The Crimea ◽  
History Of ◽  
The Government ◽  
Russian Military ◽  
The Military

On 6 July 1874, the government of Alexander II published an edict announcing the formation of a mounted Bashkir squadron in the Orenburgguberniia.The modest scale of the endeavor—a squadron-sized element added little to Russian military strength—belied its historic importance. The Bashkirs, in 1874, stood at a watershed in their long history of military service to Russia marking the divide between decades of irregular frontier duty and inclusion in the ranks of the regular army. The evolution of Bashkir military formations, paralleling the course of social change, offers a most instructive case in little-studied aspects of imperial policy towards subject national minorities and their employment in the armed forces in particular. A virtually forgotten component in Russia's rich military tradition, the contribution of “native” units organized among theinorodtsyof the Caucasus, the Crimea, and Asia was indeed significant.

Sign in / Sign up

Export Citation Format

Share Document