The Basic Components of the Legal Formulation of Military Aspects in the Protection of State Security: Assessing the Meaning and Prospects for Development


Col. A.I. GOLOVNYA, Candidate of Pedagogy

Abstract The author offers his vision of the national policy aimed at protecting state interests and proposes measures to improve its regulatory basis.

Keywords: national security, countering threats, military law and military legislation.

In the body of military issues in the national policy of state security provision the pride of place belongs to the essential characteristic of this reality as a unique theoretical and applied phenomenon. This is an estimate shared by many respectable Russian experts.1

In the context of the estimates cited here the basic components of national policy can be described in terms of several interconnected constituents - comprehending the essence and content of this theoretical and applied phenomenon of its uniqueness and actuality; proving the existence of its own methodology precisely as law-based, doctrinally formalized, and backed by the state's authoritative will; realizing its internal logic, the presence of dialectic contradictions settled by means of legal and political instruments; using this basis to define the actual outline of law policy in the area of national security provision, and concretizing the trends and vectors of its development.2

A look into the systemic basis of the national policy in the military spectrum of legal relationships suggests that the current normative interpretation of security equating it with the state of protectability is deficient in terms of content albeit prevailing in most scholars' views. The practice of military legal relationships points to obvious limitations of this approach. For example, in the end of the 20th and the beginning of the 21st century global security provision rested on the foremost nuclear powers maintaining their protectability against nuclear missile attacks. In this connection the Soviet Union and the United States, having concluded the AMD Treaty, virtually agreed that higher levels of antimissile pro-

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tectability, far from improving their security, actually lessened it, since the opposing side was tempted to ...

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