Published July 25, 2019 | Version v1
Journal article Open

Features of Military Administration: Administrative and Legal Aspect

  • 1. Yaroslav Mudryi National Law University

Description

The article researches the features of military administration in administrative legal aspect taking into account the features of public administration. First of all, it relates to the following features: organizational activity which results in administration relations; existence of the subject of public administration who has authoritative powers to exercise public administration in the structure of these relations (to have these relations not only subjects but an object who is influenced by the subject of administration should participate); relations of power between the subject and object of administration when only the state body which is the subject of administration has the power and the objects should fulfill orders of the subject; the state authoritative organizational activity when the laws should be followed and this activity is considered as regulatory based on effective legislation; public administration is exercised only within effective legislation; legal liability for violation of legislation.  

First, specific feature of military administration is its two levels when there are bodies of military administration and military command. Second, specific feature of military administration is its crisis orientation when under ordinary circumstances objects of such administration are servicemen, military base, military formations which means that it has a clear regulatory and internal organizational character. At the same time, during martial law, emergency or other situation provided for by legislation the sphere of military administration can increase and include objects out of the Armed Forces. Third, military administration is represented by administration exercised by a single person. Fourth, organizational unity has a significant meaning for military administration. Fifth, military discipline ensures a high level of procedural administrative relations, but majority of procedural norms are isolated and not represented by proceedings.    

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