Koval V. Administrative and legal status of servicemen in Ukraine under the legal regime of martial law

The dissertation is devoted to the complex research of questions concerning the administrative and legal status of servicemen in the conditions of action of a legal mode of martial law. The legislative regulation of the administrative and legal status of servicemen in Ukraine is studied in the work. Emphasis is placed on the fact that an important aspect in the system of national security and defense in the current conditions of development of Ukrainian statehood is a clear and detailed regulation of the administrative and legal status of servicemen. A thorough analysis of doctrinal approaches to understanding the term military legislation and on the basis of the latter proposed to understand a clearly structured system of regulations, regulations and legal institutions that comprehensively regulate the organization and functioning of the Armed Forces of Ukraine and other military formations, legal the status of servicemen, military administration bodies in order to ensure the most effective national security and defense capabilities of Ukraine. The essence of the military legislation, its direction is revealed, and also criteria of efficiency of legal regulation of the questions making its subject are resulted. The paper reveals the elements that are part of the structure of the administrative and legal status of servicemen. The dissertation analysis of the main types of special legal regimes, due to the fact that the organization and functioning of the security and defense sector of Ukraine, the implementation of the administrative and legal status of servicemen can be carried out within different legal regimes, each with its own specific implementation. The paper formulates the administrative and legal concept of martial law, which consists of the following components: 1) organizational; 2) normative; 3) causal; 4) procedural; 5 security; 6) meaningful; 7) competent; 8) personal. Taking into account the proposed concept, the paper reveals the theoretical and practical aspects of martial law as a special legal regime. The main analyzes of the transformation of the administrative and legal status of servicemen in the conditions of the legal regime of martial law are analyzed and the following three directions are distinguished: pre-transformation, competent and elementary. Emphasis is placed on the criteria that determine the specific types of transformation of the elements of the administrative status of a serviceman.