MILITARY MUNICIPALISM IN THE LIGHT OF GENERAL CONSTITUTIONALISM

Abstract

Introduction. The full-scale unprovoked aggression of the Russian Federation against Ukraine actualized and intensified the processes of acquisition of legal personality of territorial communities and formed by them, through the use and application of the electoral right and mechanisms of democratic appointment, of local self-government bodies acting as bodies of public self-governing (municipal) power and possessing relevant powers in all the most important social spheres of everyday life of a person, his groups and associations, in the sphere of military legal relations. Moreover, it is worth noting that these processes acquire existential significance, and hence have an objective, teleologically grounded character, aimed at creating appropriate security conditions and forming appropriate living conditions for territorial communities and their residents-members of communities in the extraordinary conditions of existence and functioning of the state of military direction. From here, the problem of determining the place, role and meaning of military municipalism in the light of general constitutionalism is formed and actualized.

Goal. The purpose of the study is to substantiate the directions of the implementation and improvement of the phenomenology of military municipalism within the framework of general constitutionalism in the existence and functioning of the territorial government of the state in the conditions of the extraordinary existence and functioning of statehood based on the generalization of scientific approaches to local development, the analysis of strategic teleological dominants of the community, as well as the determination of practical management tools for increasing the defense capacity and effectiveness of the territorial local human community.

Materials and methods. The materials of the research are theoretical guidelines, normative legal acts in the sphere of existence and functioning of territorial communities, works of domestic scientists regarding the formation of the phenomenology of military municipalism, the growth of the defense capacity of communities and municipal administration. The methods of theoretical generalization, grouping, analysis and synthesis, comparative analysis, SWOT analysis and logical summarization of results were used in the research process.

The results. The article describes the prerequisites for the formation and existence of the phenomenology of military municipalism as an objective and logically consistent continuation of general constitutionalism (and not just a forced deviation), which changes the view on the essential adaptive nature of the modern state. In such optics, the stability of the territorial community during the war is the highest manifestation of the constitutional obligation to protect sovereignty. Military municipalism is a continuation of constitutionalism, primarily thanks to the formation and implementation of the most important ideological and praxeological trends, namely: the implementation of the constituent power of the people, the principle of subsidiarity in action, the protection of the constitutional system, the adaptability of the legal system, the preservation of people-centeredness, the institutional manifestation of the connection with constitutionalism in the context of decentralization. Therefore, military municipalism is a specific transformation of local self-government in the conditions of war, which significantly and adaptively changes the classical proportions of general constitutionalism. Therefore, military municipalism does not deny general constitutionalism, but acts as its protective tool in crisis conditions. It provides a balance between the rigid vertical of state security and the vital activities of territorial communities on the ground. After the elimination of military threats, the system should return to the standard constitutional principles of decentralization and democracy, but with the use and application of military elements of local social life.