THE RIGHT TO PROHIBITION OF THE USE OF MILITARY SERVANTS FOR TASKS NOT RELATED TO MILITARY SERVICE AS A COMPONENT OF SOCIAL PROTECTION A MILITARY SERVANT

Abstract

The purpose of the article is to characterize the right to prohibit the use of military personnel for tasks not related to military service. The article provides a scientific and legal analysis of one of the key provisions of the legislation on the field of social protection of military personnel, which prohibits their use for tasks unrelated to military service. The author notes that in the scientific literature, the emphasis is traditionally placed mainly on the material components of social protection, such as monetary, medical, housing guarantees, and pension payments, whereas the prohibition on the use of military personnel for tasks not related to military service remains insufficiently studied. It is substantiated that the placement of the relevant norm among the basic rights of military personnel indicates its fundamental nature and allows us to consider it as an independent subjective right in the social protection system. It has been proven that this norm serves an important guarantee function, limiting the discretionary powers of military leadership and preventing abuse in subordination relations. Special attention is paid to the analysis of exceptions to the general ban, which allow the involvement of military personnel in eliminating the consequences of emergencies exclusively by decision of the parliament, thereby ensuring the democratic legitimation of such decisions andpreventing the arbitrary expansion of the functions of military service. It is emphasized that the specified norm is consistent with the general principles of the right to work and the prohibition of forced labor, while taking into account the specifics of military service. The conclusion is made that the ban on the use of military personnel outside their professional activities is an important element of their legal status and an integral part of the modern social protection system, the effectiveness of which depends on both proper normative regulation and on the practice of its implementation