CURRENT PROBLEMS OF THE SUBJECTIVE COMPONENT OF THE RESISTANCE MOVEMENT IN THE CONTEXT OF NATIONAL LEGISLATION AND NORMS OF INTERNATIONAL HUMANITARIAN LAW

Abstract

The article examines the peculiarities of the consolidation of Ukrainian society and the international community in the conditions of repelling and containing the full-scale armed aggression of the Russian Federation against Ukraine, in addition, the issue of studying the legal status of the subject composition of the national resistance movement, in particular the participants of the partisan movement (partisans), is considered, which is gaining special relevance. Usually, the use of the specified experience of the partisan movement opens up opportunities for adapting strategies and tactics in the modern war against the Russian Federation, taking into account modern technologies and the socio-political context. It has been proven that the study of issues of partisan movement acquires special relevance in conditions of limited resources of a participant in the conflict, which is a victim of armed aggression of another state, when indirect measures are used to hinder the actions of the troops (forces) of the aggressor (adversary). The purpose of these measures is to destroy the logistical chains of military-technical and material support of the enemy (aggressor) troops (forces), the destruction of occupation administrations, military facilities related to the production of weapons and ammunition, etc. It was emphasized that an important difference between the concept of "participant of non-state military associations that do not belong to the regular army" and the concept of "forces and means of security forces and defense forces" is the presence of not only organizational, but also legal connection with state bodies , to which the Constitution and laws of Ukraine have assigned the functions of ensuring the national security of Ukraine and/or the functions of ensuring the defense of the state. The question of determining their legal status in the context of national legislation and the correct interpretation of this status in accordance with the norms of international humanitarian law is becoming the object of deep analysis and professional discussions among managers, lawyers, the military and the scientific community. In particular, the article is devoted to the consideration of current problems regarding the determination of the legal status of the participants of the partisan movement in national legislation with consideration of their status within the framework of international humanitarian law.