1917年乌克兰人民共和国武装编队的特点及其法律地位

Ia.V. Viktorska
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摘要

文章分析了乌克兰人民共和国武装编队组建的特殊性、其在法律上的巩固及其在法规和法律行为中的表现。作者试图对乌克兰人民共和国武装部队的军事学说进行法律分析。一项重要的任务是研究和总结历史经验,对20世纪初与解放斗争和乌克兰国家形成有关的事件进行客观评估。在描述乌克兰人民共和国时期乌克兰军队组建过程的特点时,试图澄清实施该立法的法律机制。重点是在乌克兰人民共和国政府于1917年通过的法律行为中正确应用法律技术。考虑了在国家机构中所有国家-法律,政治,民族和社会关系中引发根本变化的原因。对乌克兰现代武装部队发展的历史和法律经验进行了评估。作者试图调查1917年乌克兰人民共和国武装部队的建立、军人履行公务以及对他们所犯罪行承担责任之间的相互依存关系。据确定,随着乌克兰乌克兰人民共和国国家危机的加深,恢复紧急法院做法的问题被提上了议程。原来,也有军事法庭,审判某些类型的军事犯罪案件:拒绝服从命令、酗酒、赌博、迟到等。对司法实践规制的规制框架及其适用范围分别进行了界定。考虑到在乌克兰人民共和国活动期间掌权的拟人化人员(命令、命令等)发布的监管和法律框架。指出并简要描述了武装部队乌克兰化的进程,强调了乌克兰化第34兵团的重要性。单独提到了纯粹乌克兰军事单位的建立及其法律范围。结论是,在1917-1921年的民族解放斗争中,乌克兰人民共和国军队在乌克兰民族国家力量的支持下进行了合法活动,并试图通过公开的军事手段赢得乌克兰的独立。调查了自己的武装部队在乌克兰国家创建中的作用和意义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features of the armed formations of the Ukrainian People’s Republic of 1917, their legal status
The article analyzes the peculiarities of the formation of armed formations of the Ukrainian People’s Republic, their legal consolidation and expression in regulatory and legal acts.The author tried to conduct a legal analysis of the military doctrine of the armed forces of the Ukrainian People’s Republic. An important task is the study and generalization of historical experience, providing an objective assessment of events related to the liberation struggle and the formation of Ukrainian statehood at the beginning of the 20th century. Characterizing the process of formation of the Ukrainian army during the time of the Ukrainian People’s Republic, an attempt was made to clarify the legal mechanism for the implementation of the legislation. Emphasis is placed on the correct application of legal techniques in the legal acts adopted by the government of the Ukrainian People’s Republic in 1917. The reasons that initiated fundamental changes in all state-legal, political, national and social relations in the state body are considered. An assessment of the historical and legal experience for the development of the modern Armed Forces of Ukraine is carried out. The author tried to investigate the interdependence of the creation of the armed formations of the Ukrainian People’s Republic in 1917, the performance of official duties by servicemen, as well as the bearing of responsibility for crimes committed by them. It was established that with the deepening of the national crisis in the Ukrainian People’s Republic of Ukraine, the issue of renewing the practice of emergency courts was put on the agenda. It turned out that there were also military courts themselves, which tried cases of some types of military crimes: refusal to comply with orders, drunkenness, gambling, being late for duty, etc. The regulatory framework for the regulation of judicial practice and the scope of its application are separately defined. The regulatory and legal framework issued by the personified persons (orders, orders, etc.) who were in power during the time of the activity of the Ukrainian People’s Republic is considered. The process of Ukrainization of the Armed Forces is indicated and briefly characterized, the importance of the Ukrainized 34 Corps is emphasized. The creation of purely Ukrainian military units and their legal coverage are separately mentioned. It is concluded that the army of the Ukrainian People’s Republic, with the support of the Ukrainian national-state forces, carried out legal activities and tried to win the independence of Ukraine by open military means during the national liberation struggles of 1917-1921. The role and significance of the own Armed Forces in the creation of the Ukrainian state is investigated.
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