The Duty to Defend the Homeland and Perform Military Service as Defining Components of the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law
DOI:
https://doi.org/10.21564/2414-990X.169.333489Keywords:
duty to defend the Homeland, military duty, military service, fixed-term military service, basic military service, alternative service, conscripts, military personnelAbstract
The relevance of this study stems from the fact that Ukraine has been engaged in an armed conflict with the Russian Federation for over eleven years. Despite this, insufficient scholarly attention has been given to the essence and genesis of military duty and military service, the various academic approaches to defining military service, and the impact of the duty to defend the Homeland and perform military service on the administrative and legal status of individuals, particularly under the legal regime of martial law. The purpose of the article is to analyze the provisions of the Law of Ukraine “On Military Duty and Military Service” in terms of their compliance with the Constitution of Ukraine and international legal instruments that establish fundamental human rights and
freedoms. The article also examines how these provisions affect the obligations of
citizens during martial law, highlights current issues within Ukrainian legislation
regulating legal relations during martial law, and proposes possible solutions to
address these challenges. The research applies general scientific and specialized methods of legal analysis, including the dialectical, historical, formal-logical, dogmatic methods, and systems analysis. As a result of the study, a new definition of “military service” is proposed, which significantly differs from the definition provided in the Law of Ukraine “On Military Duty and Military Service” and from those offered by other scholars. The proposed definition emphasizes that military service is special form of public service aimed at the defense of Ukraine, involving the use of all types of weapons and military equipment, thereby posing inherent risks to the life and health of military personnel.
The article concludes that the Law of Ukraine “On Military Duty and Military Service”, adopted in the post-Soviet period (1992), has not been sufficiently revised following the adoption of the Constitution of Ukraine. As a result, it does not fully align with constitutional provisions or reflect current realities. The law requires substantial amendments, particularly with regard to the definition of “military service”, the procedures and components of military service, the system of staffing the Armed Forces of Ukraine, conscription procedures, fixed-term (alternative or basic) military service, and pre-service training. These reforms are expected to positively influence the administrative and legal status of citizens, especially during martial law.
Keywords: duty to defend the Homeland, military duty, military service,
fixed-term military service, basic military service, alternative service, conscripts,
military personnel.
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