ON THE ISSUE OF DETERMINING THE CIVIL-LAW STATUS OF SERVICEMEN

Abstract

INTRODUCTION Modern society faces a number of complex social and political problems, including the realization of military reform and building a legal country are prime. The recognition and promotion of universal values is a prerequisite for the establishment and functioning of the rule of law. Among the generally recognized legal values that exist in modern civilized society, the central place is occupied by those who determine the status of a person, regulate and protect his rights and freedoms. National defense is one of the most important functions of the state and military service – the honorable duty of citizens. Changes in the domestic politics and international situation of Ukraine have significantly affected this traditional institute of the state. During the course of the military reform, there is considerable legislative activity regulating military service and a number of questions regarding the need to determine the legal status of military servicemen. Servicemen along with the general legal status have a special status that not only complements the general, but also changes (limiting) him. Special status is determined by the totality of rights, freedoms, duties and responsibilities envisaged by the general, above all the Constitution, and special (military) legislation. Human rights are defined and guaranteed by acts of international law: the Universal Declaration of Human Rights (1948) 1 ; The International Covenant on Economic, Political, Social and Cultural Rights (1966) 2 ; The International Covenant on Civil and Political Rights (1966) and two optional protocols to the latter 3 ; European Convention on Human Rights and Fundamental Freedoms (1950) and its Protocols 4 . These documents are the basis for any