Makukhina M. The Contract on passing a military service by the citizens of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0499U001518

Applicant for

Specialization

  • 20.02.03 -

20-05-1999

Specialized Academic Board

К 70.705.02

National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi

Essay

Object of a research - contract on passing of military service by the citizens of Ukraine and it's significance in conditions of military reform's realisation. The purpose of a thesis's research - comprehensive analysis of the legislation and scientific literature on problems of acquisition of the Armed forces and other military units of Ukraine by the military men under the contract and development of scientific - practical recommendations on it's basis directed on improvement of the military legislation. Methods of a research and equipment - dialectic, scientific-materialist, comparatively-legal, system-structural. Theoretical and practical results - concept and legal nature of the contract about passing a military service is updated, the classification is carried out it; the concept of military-labour lawsubjectivenuss of the citizens is described; the necessity of concept's clarification of the employer on a military service is justified; the list of the necessary contractual terms of the contract about passing a military service is offered; the necessity of legislative fixing of the list of the reasons is justified, on which to the citizen can be refused in a reception on a military service under the contract and possibility of the appeal of groundless refusal in the conclusion of the contract; fixing of the new basis of contract's cancellation about passing a military service under the initiative of the military man - " in connection with essential and (or) systematic default of contract's terms". Innovation novelty - the first complex research of theoretical and practical problems of passing of a military service in Ukraine under the contract in military units of Ukraine. Introduction extent - in educational process of Academy BTU, in practical activity of a legal service Statecomborder of Ukraine. Usage sphere - process of realization of judicial-legal and military-legal reform in Ukraine; a realization of justice by military courts of Ukraine.

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