Discretion of participants in civil relations during military conflicts: analysis of regulatory norms and application practice

Abstract

This research is relevant because of discretion and its related categories, such as freedom of will and freedom of contract. They are widely used in the private law field to regulate a wide range of civil legal relations. The legal categories defined in this article are closely interrelated, but they can exist independently. Much attention is focused on the use of discretion and its related categories by ordinary citizens in the exercise of their rights and legitimate interests. Military conflicts change the usual way of life of citizens, and therefore the issue of the use of discretion requires even more attention and research in such situations. That is why the purpose of this research is to conduct a thorough analysis of the application of such a phenomenon as discretion and its derivative categories during military conflicts to identify the characteristic peculiarities of their interaction with each other in practice. Also, it is important to analyze legal norms in this sphere in order to understand the main features of discretion. In the course of the research, the author used both general methods of scientific cognition: the dialectical method, analysis, synthesis, analogy, and special methods: comparative legal method, systemic and specific sociological methods, etc. All of these methods were used in a comprehensive combination to carry out a detailed analysis of these legal categories. The obtained conclusions will become the basis and contribute to further research in this area.