Abstract:*This article analyses the evolving relations between the military and political power in Portugal, from the time of the 19 th century liberal monarchy until the end of the 20 th century. In particular, it offers an interpretation of the impact of the diffusion of constitutionalist, republican, nationalist and socialist ideologies on military culture, and the norms guiding the attitudes and actions of military elites within the political arena. It takes into account their professional experience of war (the Af… Show more
“…І законом передбачено лише декілька варіантів переміщення. Це: передислокація, відрядження, прибуття на нове місце служби [16][17][18][19][20]. І якщо б один з цих варіантів мав вплив на набуття статусу ВПО, це однозначно було уточнено у Законі.…”
The article is devoted to a comprehensive study of the current legislation, which regulates issues related to the movement of military personnel of the National Guard of Ukraine during the legal regime of martial law. Analyzed such legislative acts as the Laws of Ukraine "On ensuring the rights and freedoms of internally displaced persons", "On military duty and military service", the Resolution of the Cabinet of Ministers of Ukraine "On the registration of internally displaced persons", the Order of the Ministry of Internal Affairs "On approval of Instructions on the specifics sending military personnel of the National Guard of Ukraine on business trips within Ukraine and abroad” and others.
Based on the results of the study, the author's vision of the causes and conditions that contributed to legal incidents in the mechanisms of state power was formed. It has been determined, that the main reasons contributing to legal incidents in the mechanisms of state power are: 1) the absence or incompleteness of the rules of law necessary for the effective regulation of social and legal relations; 2) subjective interpretation of the rule of law by an individual. The conditions are: 1) the weak legal technique of law enforcement acts; 2) the actual composition of social and legal relations.
Under the weak legal technique of law enforcement acts is meant a weak degree of the system, which is based on the achievements of the theory of law and the principles, methods, means, rules (logical, structural, linguistic), proven by the practice of lawmaking, for the preparation of the regulatory legal and law enforcement acts most qualitatively perfect in form and structure, used in the development and systematization of acts to ensure their perfection.
The actual composition of social legal relations is defined as the presence of all constituent elements of legal facts (a set of various legal facts) of social legal relations, as well as their certain sequential accumulation, a certain order of elements.
Also, the article focuses on the problematic issues that military personnel under contract face during military service
“…І законом передбачено лише декілька варіантів переміщення. Це: передислокація, відрядження, прибуття на нове місце служби [16][17][18][19][20]. І якщо б один з цих варіантів мав вплив на набуття статусу ВПО, це однозначно було уточнено у Законі.…”
The article is devoted to a comprehensive study of the current legislation, which regulates issues related to the movement of military personnel of the National Guard of Ukraine during the legal regime of martial law. Analyzed such legislative acts as the Laws of Ukraine "On ensuring the rights and freedoms of internally displaced persons", "On military duty and military service", the Resolution of the Cabinet of Ministers of Ukraine "On the registration of internally displaced persons", the Order of the Ministry of Internal Affairs "On approval of Instructions on the specifics sending military personnel of the National Guard of Ukraine on business trips within Ukraine and abroad” and others.
Based on the results of the study, the author's vision of the causes and conditions that contributed to legal incidents in the mechanisms of state power was formed. It has been determined, that the main reasons contributing to legal incidents in the mechanisms of state power are: 1) the absence or incompleteness of the rules of law necessary for the effective regulation of social and legal relations; 2) subjective interpretation of the rule of law by an individual. The conditions are: 1) the weak legal technique of law enforcement acts; 2) the actual composition of social and legal relations.
Under the weak legal technique of law enforcement acts is meant a weak degree of the system, which is based on the achievements of the theory of law and the principles, methods, means, rules (logical, structural, linguistic), proven by the practice of lawmaking, for the preparation of the regulatory legal and law enforcement acts most qualitatively perfect in form and structure, used in the development and systematization of acts to ensure their perfection.
The actual composition of social legal relations is defined as the presence of all constituent elements of legal facts (a set of various legal facts) of social legal relations, as well as their certain sequential accumulation, a certain order of elements.
Also, the article focuses on the problematic issues that military personnel under contract face during military service
“…[7] та «The Military and Political Intervention: Ideological Trends and Contemporary Contexts»[8] розкривають свідоме відношення військовослужбовців до військової служби та їх правову культуру через призму національної культури та політики держави. «Human Rights of Armed Forces Personnel: Standards, Good Practices and Recommendations»[9]; «Human rights of members of the armed forces» [10] -конституційні права людини на військовій службі; «Understanding Military Justice: A Practice Note Mindia Vashakmadze»[11] -аспекти військової практики; «Human rights awareness educations for general officers and flag officers»[12] -правосвідомість військовослужбовців різних рангів та звань.…”
The article is devoted to a comprehensive study of the social and legal support of the military personnel of the National Guard of Ukraine. During which it was found out that, according to the norms of the current legislation, social and legal support is an activity to create the necessary social and legal conditions for observing constitutional rights and freedoms, meeting the social needs and interests of military personnel in the course of preparing and performing combat missions; compliance with international humanitarian law; maintaining high discipline, organization and order.
Based on this, the author's vision of the factors, influencing the formation of the social and legal consciousness of military personnel during military service and performing tasks for their intended purpose, is formulated, and three levels of their implementation are defined: micro-level, medium level and macro-level.
The micro level includes: basic knowledge (obtained at school, higher educational institutions, higher military educational institutions); safety conditions in the performance of service and combat missions (norms of the current legislation); socio-cultural development (the degree of development of a serviceman in all spheres of human activity under the influence of changes in the dominant system of values).
Medium level – self-realization (realization of the potential of a serviceman through career achievements); qualification of the military team/chief (formed by the personal attitude of the team/chief to the legal norms of the current legislation and implemented by observing them).
Macro level – the mentality of society (way of thinking, general spiritual mood of society); state policy of Ukraine (the reaction of the state to specific problems of society (or groups in this society) is a fundamental guide to action for public authorities in accordance with laws and social customs).
Based on the results of the study, the author's position on the very legal-ideological model of the formation of the social and legal consciousness of military personnel as a component of social and legal support for the activities of the personnel of the National Guard of Ukraine and its levels is provided.
In order to increase the effectiveness of the functioning of the legal-ideological model for the formation of the social and legal consciousness of NGU military personnel, it is advisable: within the macro-level – the state leadership adhere to the implementation of social guarantees for military personnel and strengthen the propaganda of the authority of the "man in uniform" through the media; within the framework of the middle level – the local leadership independently make decisions on improving the quality potential of personnel, based on the specifics of the assigned tasks; within the framework of the micro level – during individual training, constantly inform the personnel about the latest changes in the current legislation and instill legal consciousness for the actions taken.
Attention is focused on the problematic issues that arise at the present stage of development of the state
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.