Concept and Structure of Administrative (Military-Administrative) Legal Relations in the Field of State Defense
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 54, Issue
Abstract
In the article on the basis of modern theoretical approaches the essence and structure of homogeneous administrative-legal relations in the field of state defense are considered, which, based on their legal nature, can be called military-administrative legal relations. The author has proposed definition of the concept of "military-administrative legal relations", the structure of military-administrative legal relations is determined and its elements are investigated. The development of public relations in the field of state defense leads to the formation of a separate group of qualitatively homogeneous administrative-legal relations that can be called military-administrative legal relations. The military-administrative relations (administrative-legal relations in the field of defense) are regulated by administrative-legal norms legal relations that arise, develop and cease between the subjects of defense in the process of implementing the administrative-legal rules governing the sphere of public defense of the state. Military-administrative relations arise: 1) in connection with the implementation by all bodies of public state administration of the tasks entrusted to them for the implementation of the defense function of the state; 2) in connection with the implementation by legal entities (public and private law) of their rights and obligations in the field of state defense; 3) in connection with the realization by individuals (citizens, foreigners, persons without citizenship) of their rights and responsibilities in the field of state defense. Such elements as the subject of military-administrative legal relations, object of military-administrative legal relations, legal facts on the basis of which military-administrative relations arise, belong to the structure of military-administrative legal relations. Further development of military-administrative legal relations is connected with the development of public relations in the sphere of defense of the state, the tendencies of development of the system of modern administrative law and the formation on this basis of the Military Administrative Law as a separate sub-branch of the Special Administrative Law.
Authors and Affiliations
Volodymyr Pashinskiy
Keywords
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