Military discipline as a legal institution: general theoretical analysis

Abstract

This article clarifies the meaning of the concepts of “military discipline” and “legal institution”; justifies the classification of the concept of military discipline as a legal institution; and examines the characteristics of the legal institution of military discipline.

The purpose of this study is to clarify the meaning of the concepts of “military discipline” and “legal institution”; to justify the classification of the concept of military discipline as a legal institution; and to examine the characteristics of the legal institution of military discipline.

Methods. The methodological basis of the article consists of the formal-legal, comparative-legal, and systemic methods. The formal-legal method was applied to analyze Ukrainian legislation regulating issues of ensuring military discipline. The comparative legal method was used to analyze the main concepts and categories of the study, such as military discipline and the legal institution. The systemic method allowed for the analysis and determination of the place of the legal institution of military discipline within the system of Ukrainian military law.

Results. It is determined that military discipline, as the impeccable and unwavering observance by all military personnel of the order and rules established by the laws of Ukraine, military statutes, and the orders of commanders (superiors), is the foundation for the performance of military service in the units and subunits of the Defense Forces of Ukraine, and its level is a determining factor in assessing the state of their combat readiness and readiness to perform assigned tasks.

It is emphasized that, in the context of confronting Russian armed aggression, an adequate level of military discipline within the units and subunits of the Defense Forces is not only a prerequisite for military and legal order but also a means of ensuring Ukraine’s state sovereignty and territorial integrity, defense capability, and national security.

It is demonstrated that military discipline is a category belonging to the sphere of the state’s military organization and military administration and is a component of the field of military law. The characteristics of military discipline are identified and elaborated, namely: it belongs to the sphere of the state’s military organization, military law, and military administration; applies to a specific group of individuals (military personnel); is codified in the provisions of special (military) legislation;  has stricter substantive standards and requirements compared to ordinary legislation;  is enforced by a system of special measures, including a distinct form of liability;  is implemented within the system of military service relations. It has been demonstrated that these characteristics provide grounds for considering military discipline as a distinct legal institution.

It has been demonstrated that the legal institution of military discipline is based on a set of internally consistent and relatively distinct norms. This set of norms: is linked to the concept of military discipline and its enforcement; has a common subject of regulation—the specific relationships among military personnel related to the execution of orders, behavioral requirements, adherence to the chain of command, subordination, and the performance of duty; governs a homogeneous, relatively distinct set of social relations that arise within the sphere of the state’s military organization and the performance of military service; has a common objective—to ensure compliance with the order and rules established by the laws of Ukraine, military statutes, and orders of commanders (superiors); establishes a special legal regime covering a specific group of subjects (servicemen of the Armed Forces of Ukraine and persons equated to them); provides for heightened requirements, stricter liability, and enforcement procedures; is a key element of a broader regime—the order of military service; is codified in the provisions of specific regulatory acts, the primary one being the Disciplinary Statute of the Armed Forces of Ukraine; has an internal logic and system, comprising normative, institutional, procedural, and instrumental components; is implemented primarily through the application of a specific—imperative—method; is enforced by a distinct type of legal liability—disciplinary liability—as well as administrative and criminal liability.

Conclusions. It has been determined that the institution of military discipline also possesses a number of optional characteristics, the presence of which provides additional grounds for classifying it as an independent and stable legal institution within the sphere of military service relations and military administration, a branch of military law. In particular, these are: internal structure; functional independence;  system-forming nature. The content of these characteristics is elaborated.