《戒严时期志愿队的行政法律地位》

A. Khromov
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引用次数: 0

摘要

研究的主题是戒严期间志愿队活动过程中产生的社会关系,包括执法部门和其他机构参与执行国家任务以确保公共秩序和国家安全的可能性。本工作的目的是确定戒严期间志愿队行政法律地位法律规范的理论和应用问题。在撰写这篇文章时,使用了形式法、历史法和比较法、逻辑法等方法。该主题的相关性与戒严令期间缺乏一个明确、公平的机制来创建和运作志愿队有关。在立法层面,他们在确保受控领土公共秩序过程中的权限(对个人和法律实体违法行为作出回应的权力、形式和行为)没有得到界定。事实上,在形成志愿队活动的法律基础时,没有一个单一的术语系列。文章的主要部分证实了这样一个结论,即考虑到这些自愿公共组织的基本特征,无论其行动方向如何,在监管法律行为中都应将其称为“自愿人民小组”。对志愿队和志愿队的法律地位进行了比较分析。得出的结论是,由于教育、运作和融资目标的具体性,它们与普通和私人并不相关,自愿组建不是一种自愿团队。结论证明,执法机构应积极使用志愿队,以确保在戒严期间加强公共秩序。提出的问题是,是否有必要在规范性法律行为中明确志愿队在戒严时期的行政和法律地位。就自愿小组权力的法律监管机制以及战斗人员在这些条件下执行国家任务时的社会和法律保护提出了建议。
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Original scientific article Administrative-legal Status of a Voluntary Squad During Martial Law
The subject of the research is social relations that arise in the course of the activities of voluntary squads during martial law, including the possibility of their involvement by law enforcement and other bodies in the performance of state tasks to ensure public order and national security. The purpose of the work is to determine the theoretical and applied problems of legal regulation of the administrativelegal status of a voluntary squad during the period of martial law. When writing the article, formal-legal, historical-and comparative-legal, logical methods were used. The relevance of the topic is associated with the lack of a clear and even mechanism for the creation and functioning of voluntary squads precisely during the period of martial law. At the legislative level, their competence (powers, forms and acts of responding to violations of laws by individuals and legal entities) in the process of ensuring public order in the controlled territory is not defined. The fact of the absence of a single terminological series in the formation of the legal basis for the activities of voluntary squads is stated. The main part of the article substantiates the conclusion that such voluntary public organizations, taking into account their basic characteristics, should be referred to in regulatory legal acts, regardless of the direction of their action, as a “voluntary people's squad”. A comparative analysis of the legal status of a voluntary squad and volunteer formations is presented. It is concluded that they do not correlate as general and private, voluntary formation, due to the specifics of the goals of education, functioning and financing, is not a kind of voluntary squads. The conclusion is substantiated that voluntary squads should be actively used by law enforcement agencies to ensure the strengthening of public order during martial law. The question is raised about the need to specify in the normative legal acts the administrative and legal status of voluntary squads precisely in the period of martial law. Proposals are made on the mechanism of legal regulation of the powers of voluntary teams and the social and legal protection of combatants when they perform state tasks under these conditions.
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来源期刊
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发文量
14
审稿时长
21 weeks
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