норми права

Abstract. The article defines the theoretical, methodological and practical principles of military law as a separate branch of law and clarifies its place and role in the legal system of Ukraine. It was determined that military law is a system of universally binding norms, formally defined rules of conduct in the military-public sphere, which are established, protected and provided by the state and regulate social relations related to the activities of the military organization of society and are aimed at ensuring the protection of the state , sovereignty, territorial integrity.

The article analyzes the doctrinal definitions of "law formation" available in modern scientific discourse and outlines the characteristic features of this phenomenon. Based on the generalization of various approaches to the definition of "law-making", the following characteristics are defined: 1) it is used in various aspects; 2) duration of legal formation; 3) contains both objective and subjective factors; 4) legal norms are formed as a result of law formation. Since law formation is a long process, it can be divided into certain stages.

In the article, the author discusses the current state and use of the concept of state sovereignty in international law. The author analyzes the issue of limiting sovereignty from the standpoint of real and recent examples in international practice. The article also attempts to trace the evolution of ideas about state sovereignty and analyzes various theoretical and legal approaches to the signs of sovereignty.

The article analyzes the current scientific positions of experts in the field of international law regarding the effectiveness of the norms of international humanitarian law during an armed conflict.

The article identifies the theoretical, methodological and practical principles of military law as a separate branch of law and clarifies its place and role in the legal system of Ukraine. Definitely. That military law is a system of universally binding norms, formally defined rules of conduct in the militarypublic sphere, which are established, protected and provided by the state and regulate public relations related to the military organization of society and aimed at protecting the state, sovereignty, territorial integrity.

The article examines the problems of argumentative practice in legal activity. The emphasis is placed on studying the requirements for speakers as subjects of the judicial process. The factors influencing the effectiveness of argumentation are determined, namely: communication skills and abilities, knowledge, ideas, the value system of the speaker, emotional and psychological state, social status and role in society. The influence of these factors on determining the tactics and strategy of argumentation and selection of arguments is indicated.

The article deals with the issues of legal (lawful) and illegal (criminal) behavior in general and marginal behavior in particular. It is proved that the analysis of only one aspect of legal behavior (criminal) did not allow to fully consider all its sides, as well as to determine the main ways to combat offenses. Initially, lawful conduct was only the antithesis of illegal acts and could not reveal all its significance for society. Only in the 80s, the question of lawful behavior began to be studied more deeply.

The article examines the formation of domestic legal argumentation based on the legal tradition. The emphasis is placed on the problem of moving away from the Soviet legal heritage. The main factors that influenced the postponement of the process of formation of legal argumentation in Ukraine are identified. The influence of legal positivism on the formation of its features, the formulation of legal principles is clarified. Positive and negative factors influencing the formation of legal argumentation at the beginning of the existence of an independent Ukrainian state are studied.