Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право» (Aug 2024)
Constitutional and legal status of a serviceman in the Russian Federation: The concept and elements
Abstract
Introduction. Throughout the history of Russia, strengthening and protection of state sovereignty has been a priority for the country. One form of this protection is military defence. In order to understand the full extent of this responsibility, it is necessary to examine the constitutional and legal status of servicemen in Russia. This includes general rights, duties, and special powers and restrictions. Additionally, there are benefits and compensation for the unique challenges and responsibilities associated with military service. The current status of servicemen is being reformed in line with the national security strategy and policy to strengthen state sovereignty. The aim of the research is to develop a classification of components of the constitutional and legal position of a serviceperson in the Russian Federation based on a range of theoretical perspectives and practical applications. Theoretical analysis. The position of military personnel and their family members in the Russian Federation falls within a special category. Consequently, this position encompasses a set of universal rights, freedoms, and obligations arising from the general legal status of individuals and enshrined in the Constitution of the Russian Federation. In addition, it includes a list of specific powers, obligations, prohibitions, and restrictions, along with additional safeguards, benefits, and compensations arising from the performance of professional duties and their associated consequences, such as rank, position, service conditions, and other factors. Through the review of theoretical literature, it can be concluded that the list of components of an individual’s legal position is open-ended. The elements of the legal status of servicemen in Russia, as a specific category of individuals, have not been clearly defined. Therefore, there is a need to not only establish these elements, but also to identify criteria for differentiating the status of servicemen based on their mode of service and other relevant factors. Empirical analysis. The author suggests that the legal regulation of servicemen’s status in Russia is linked to the expansion of measures to ensure their fundamental rights and liberties and provide additional benefits and compensation, both for servicemen themselves and their families. This is supported by the constitutional and legal framework, which includes the combination of federal, regional, and local regulations, as well as creation of social guarantees at various levels of government. The main elements of this status include rights, freedoms, obligations, responsibilities, limitations, prohibitions, guarantees, and compensations for servicemen. At the same time, it is not possible to universally implement the elements of the special legal status for servicemen in Russia. It would be advisable to identify certain categories of military personnel and determine the scope of their powers. Results. The elements of the special legal status for servicemen can be broadly categorized into general elements that apply to all servicemen in the Russian Federation; elements related to specific conditions of service, which may vary depending on the type of a military unit, position held, or territorial characteristics of the service; and elements related to performance of duties in conditions of military operations or wartime. Certain elements of the legal status for military personnel in Russia may also apply to their families under certain circumstances, and such elements require special application rules.
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