ADMINISTRATIVE AND LEGAL STATUS OF PERSONS FIT FOR MILITARY DUTY IN UKRAINE

Abstract

Introduction. As a result of the full-scale aggression against Ukraine, the Armed Forces of Ukraine, whose purpose is to protect our state, its sovereignty, territorial integrity and inviolability, have assumed significant importance and place.

Actuality. In the current conditions of the development of the Ukrainian state, the issue of forming an effective system of management of defense and national security has become acute. In light of this, a significant number of changes have been made to the current legislation aimed at improving the organization and functioning of the Armed Forces of Ukraine. The issue of normalizing the administrative and legal status of persons who are suitable for military service, including in the conditions of the introduction of the legal regime of martial law, was no exception. The goal is to study the principles of the administrative and legal status of persons who are eligible for military service.

Main results of the research. This article examines legislative approaches to the modern understanding of the concepts of "conscript" and "military serviceman", due to the introduction of martial law in Ukraine. Attention is drawn to the fact that these interpretations remain controversial in national legislation, therefore, the theoretical approaches of legal scholars to the understanding of these concepts are analyzed. The issue of the suitability of a recruit for military service was raised. For a better understanding of the concept of "conscript", scientific positions are presented regarding its inherent characteristic features. The emphasis is on the administrative and legal status of a military serviceman, which constitutes the essence of legal relations within the framework of military service and is a complex mechanism, since it is endowed with a multi-component structure, which is reflected in the legislative system of regulatory legal acts.

Conclusions. Based on the analysis of modern research and current Ukrainian legislation, an own interpretation of the concepts of conscript and military serviceman is proposed. The proposed interpretations, compared to those currently prescribed in the legislation, are considered broader and more appropriate, since they include components that do not depend on the will of the person and, through the norms of law, provide an opportunity to encourage individuals to fulfill their constitutional obligations to protect/defend Ukraine, as well as to hold accountable those who evade this military duty.