CONTENT AND FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE MILITARY LAW ORDER SERVICE IN THE ARMED FORCES OF UKRAINE
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Abstract
It is emphasized that the administrative-legal status is a complex concept
that incorporates the elements that are determined by the norms of
administrative law. It is based, first of all, on the rights and obligations of the
subject, which in the context of a government body are revealed in its powers. The
scope of the latter directly depends on the purpose and objectives of the existence
of this body, which in turn determine the functions and responsibilities.
It is concluded that the Law Enforcement Service of the Armed Forces of
Ukraine is a departmental law enforcement body. Its administrative-legal status is
a complex legal phenomenon, the content of which is a set of interrelated
elements that reveal the essence of the Law Enforcement Service's activities, its
significance and the role that it performs in the ranks of the Armed Forces of
Ukraine, as well as in relations with other subjects. It is argued that the elements
of this status are: the purpose of creation - the implementation of law
enforcement activities; the purpose, which outlines the main directions for
implementing this goal; general and additional tasks, the functions determined by
them, as well as the rights and responsibilities of its servicemen.
It has been established that the features of the administrative and legal
status of the Military Law and Order Service in the Armed Forces of Ukraine
include: an exclusive legislatively defined list of tasks that cannot be expanded by
subordinate regulatory legal acts; the departmental nature of its competence, its
application exclusively to those relations that arise in the sphere of activity of the
Armed Forces of Ukraine, its servicemen and employees; limited powers in terms
of the lack of the ability to independently carry out operational and search
activities and investigative actions.
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