PRINCIPLES OF THE LEGAL STATUS OF CONSCRIPTS AND PERSONS PERFORMING MILITARY SERVICE IN UKRAINE

Abstract

The article reveals the principles of the legal status of persons liable for military service and individuals undergoing military service through a combination of linguistic-terminological, theoretical-legal, and normative approaches. The starting point is the understanding of principles as basic ideas and requirements that determine the logic of legal regulation, ensure the internal coherence of legal provisions, and set criteria for their application in the field of defense and security. It is substantiated that the corresponding status has a special character and is based on the constitutional obligation to protect the state, combining general human rights and freedoms with justified restrictions due to the special nature of the service and the requirements of discipline. Emphasis is placed on the principles of legality and legal certainty, which ensure the predictability of legal consequences and the clarity of the content of rights, duties, guarantees, and responsibility, as well as their specification in subordinate regulation. The significance of the principle of the special nature of legal status is demonstrated, as it adjusts the general status of a citizen depending on military registration, the performance of service duties, position, rank, and the system of subordination. The principle of the unity of rights and duties is disclosed, according to which rights are aimed at ensuring the proper performance of military and service tasks, while legal responsibility constitutes an integral component of status. The principle of formal temporal certainty of status is highlighted, linking the emergence, modification, and termination of legal standing to clearly defined legal facts and consequences. Particular emphasis is placed on the principles of equality and non-discrimination, which ensure equal foundations for fulfilling military duty and access to established guarantees within the limits prescribed by law. Considerable attention is paid to the principle of social guarantees, which reflects the state’s obligation to provide a system of benefits, compensation, and types of support in view of the risks and restrictions of service. It is indicated that the totality of these principles forms a coherent model of legal status aimed at balancing public defense interests with the protection of individual rights and freedoms, as well as enhancing legal certainty and the effectiveness of law enforcement.