SYSTEMATIZATION OF MILITARY LEGISLATION OF UKRAINE: HISTORICAL AND LEGAL ASPECTS

Abstract

The article analyzes the historical, legal and rule-making features of the systematization of military legislation of Ukraine during the IX-early XXI centuries in the Ukrainian lands as an ethnic state and states that influenced its formation, development and current state. In order to effectively systematize the military legislation of Ukraine, which is characterized by imbalance and inconsistency of acts as a result of permanent changes in conditions of political and economic instability, armed aggression and the ongoing special period, a comparative historical and legal analysis of the state and achievements in practical military codification experience that must be taken into account when streamlining the legislation in the field of defense of Ukraine. As a result of the conducted research the tendencies and normative-legal features of each historical period of systematization of the military legislation on the Ukrainian lands are established. It was found that by the XVII century. The provisions of military law were only interspersed with acts of general law; the emergence of a regular army led to institutional systematization in the form of separate military statutes. The only sectoral-targeted systematization of military legislation took place in the form of incorporation and only after the systematization of general legislation through the publication of the Code of Military Resolutions of 1839, 1859, 1869. Systematization of military legislation of XX–XXI centuries covered an even larger area of military-administrative, military-service, military-combat, civil-military social relations, but the rudimentary influence of the Code of Military Resolutions is preserved in the military statutes and military-criminal acts of Ukraine. Sectoral systematization of military legislation in the form of codification (unified Military Code) or intersectoral - in the field of defense (unified National Defense Code) has no short-term prospects due to weak theoretical and legal and practical-applied development.