CONSCRIPT AND MILITARY SERVICEMAN: MODERN APPROACHES TO UNDERSTANDING THE CONCEPTS

Abstract

The article is devoted to the study of legislative approaches to the modern understanding of the concepts of “conscript” and “military serviceman”, which was dictated by the introduction of the legal regime of state of war in Ukraine. Attention is drawn to the fact that in the national legislation these interpretations are still debatable, and therefore the theoretical approaches of legal scholars regarding the understanding of these concepts are analyzed. The issue of the conscript’s suitability for military service and the procedure for organizing and conducting a military medical examination is raised. For better understanding of the concept of “military serviceman”, scientific positions are given regarding the characteristic features inherent in him. Emphasis is placed on the legal position/legal status of a military serviceman, which is the essence of military legal relations and acts as a complex mechanism, as it is endowed with a multi-component structure, which is reflected in the legislative system of normative legal acts. Attention is focused precisely on the administrative-legal status of a military serviceman, which is a special administrative-legal status, which is accordingly regulated by normative-legal acts, which determine the set of rights/ obligations, administrative-legal guarantees, prohibitions/restrictions, elements of his legal responsibility, etc. The elements of the administrative and legal mechanism for ensuring the rights of military serviceman are analyzed. Based on the analysis of modern research and the current legislation of Ukraine, the author gives his own interpretation of “conscript” and “military serviceman”. The proposed interpretations, in comparison with those currently prescribed in the legislation, are considered broader and more appropriate, since they include components that do not depend on the will of a person and, through the norms of law, provide an opportunity to encourage him to fulfill his constitutional obligations regarding the protection/defense of Ukraine, and those who evade the fulfillment of this military duty – the opportunity to bring to justice. Conclusions are made regarding the need for qualitative changes in the mechanism of ensuring the rights of both conscripts and military personnel.