Affiliation:
1. Institute of Legislation and Comparative Law under the Government of the Russian Federation
2. Main Military Clinical Hospital of the National Guard Troops of the Russian Federation
Abstract
The subject of the work is a theoretical and legal study of the essence of the modern theory of Military Law based on the analysis of the premises formed in this field of knowledge and the study of some breakthrough developments conceptualized recently. The authors state and substantiate the thesis that today the study of Military Law as a field of knowledge in the light of the need to ensure military security with the development of trends in the restructuring of the global legal order and the emergence of new challenges and threats is becoming increasingly in demand.
Purpose. Generalization of modern essential aspects and theoretical constructs of Military Law in the modern scientific picture of the world.
Methods. The study was carried out on the basis and with the help of the application of systemic and axiological approaches, as well as methods of analogy, generalization, analysis, concretization and formal legal research. It is also worth noting the formal legal method used by the authors in the work, which made it possible to get to know the systems of Military Law and military legislation as widely as possible.
Conclusions. The prerequisites for the conceptualization of Military Law as a branch of legal science have been observed in social and humanitarian knowledge for a long time, this is clearly evidenced by theoretical and practical developments by major domestic experts. Military Law today as a coherent scientific theory, provides a legal and scientific response to modern challenges and threats to the country’s military security. This was creatively taken into account and interpreted in the present study. Within the framework of a theoretical study, an analytical and synthetic knowledge of the characteristics of the modern concept of military law that have developed in science is carried out, it is noted that in terms of its essential and value-semantic core, functions and method, it fully meets the criteria of scientific character and accumulates theoretical generalizations about it as a branch of law. The resultant author’s generalization carried out is an important step in concretizing the theoretical and legal foundations for the formation and improvement of Military Law as a science and academic discipline.
Publisher
The Russian Academy of Sciences
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