DEVELOPMENT OF MILITARY LAW IN THE CONDITIONS OF A SPECIAL MILITARY OPERATION

The special military operation has brought to the fore numerous issues in the development of military law, including the following: determining its place in the Russian legal system; the trajectory of modernization of military legislation and the formation of its methodology; legal identification and classification of combat operations; military administration; clarification of the status of a serviceman and the procedure for military service; social support for combatants and their family members; regulation of fundamental rights and freedoms, as well as property relations under martial law; etc. The above aspects of the development of military law require their doctrinal understanding and the formation of applied approaches to improving the legislation and its application. This article presents the author’s position on the prospects for the development of military law in the Russian Federation, formed taking into account the experience of conducting a special military operation and its legal support, modern theoretical and legal approaches, legislative and law enforcement practices. It is noted that at the current stage, the modernization of military legislation, its adaptation to the conditions of a special military operation is situational and has a casual nature. There are still enough gaps in it. There is still much work to be done to systematize its provisions, which requires a detailed analysis of the empirical base, the development of doctrinal positions, and the formation of legislative and law enforcement practices. At the same time, the primary task is to identify military law and determine its place in the Russian legal system.

military law, special military operation, status of military personnel, military service, social support for military personnel, modernization of military legislation, martial law, counter-terrorism operation