The article comprehensively examines the issue of the economic and legal foundations of the formation of a state defense order (SDO), which is extremely relevant in the conditions of the legal regime of martial law, in post-war and in peacetime. During martial law, there is a need to deliver the necessary goods to the units of the Armed Forces of Ukraine and the Defense Forces as soon as possible, perform work and provide appropriate services to meet their needs during hostilitiesand actions to protect the territorial integrity and sovereignty of the state, implement measures for national security and defense, repel and deter armed aggression. At the same time, it is a necessary condition to observe transparency during such procedures.

The task is to investigate the current legislation of Ukraine and the doctrine in the field of state defense orders. To determine the economic and legal principles of the formation of SDOs and their influence on the implementation of SDOs. To determine and analyze the norms of legislation and the doctrine of law, which determine the economic and legal principles of the formation of SDO.

The result of the study is the determination of the economic and legal foundations of the formation of the state defense order.

In the course of the study, the domestic legal doctrine and legislation in the field of formation of the state defense order were analyzed, the economic and legal principles of the formation of the state defense order were established. It is substantiated that: 1) the state defense order is a unique multifaceted legal phenomenon that combines elements of public-legal and economic-legal regulation; 2) The existing system of regulatory and legal regulation of SDO in Ukraine is fragmentary and scattered among numerous legislative and by-laws; 3) in view of the legal conflicts defined in the article, the doctrine of economic law acquires special importance, as it provides scientific and theoretical foundations for the harmonization of public-law and private-law foundations; 4) under martial law, SDO is not only a means of ensuring the material and technical needs of the Armed Forces of Ukraine and the Defense Forces, but also a powerful tool of state regulation of the economy.

It is substantiated that the economic and legal principles of the formation of SDO – are a set of regulatory and regulated measures (process) aimed at identifying and meeting the needs of the national security and defense sector of Ukraine in the field of material and technical support, which covers goods, works and services necessary to maintain the combat readiness of the Armed Forces of Ukraine and other military formations (or Defense Forces). The economic and legal foundations of the formation of SDOs, in our opinion, are legal norms that directly or indirectly regulate economic relations in the field of formation of SDOs, which arise directly from ideas and principles, and are embodied in normative legal acts that are the basis for the formation of SDOs, and determine the purpose, procedure and system of formation of SDOs, as well as those that provide for responsibility for violations in the field of formation of SDOs.

Bibliography

Journal articles

1. Leshchyshyn R, ‘Administratyvno-pravovi osnovi stratehichnoho planuvannia u derzhavnomu sektori’ [2020] 4(24) Aktualni problemy pravoznavstva 49–54 (in Ukrainian).

2. Patsuriia N, ‘Uprovadzhennia tekhnolohii shtuchnoho intelektu v zabezpechennia natsionalnoi bezpeky ta oboronozdatnosti Ukrainy: pravovi problemy i perspektyvy povoiennoho periodu’ [2023] 3 Teoriia i praktyka intelektualnoi vlasnosti 68–78 (in Ukrainian).

3. Romaniuk I, ‘Retrospektyva rozvytku systemy stratehichnoho (oboronnoho) planuvannia v Zbroinykh Sylakh Ukrainy’ [2018] 1 Zbirnyk naukovykh prats Viiskovoho instytutu telekomunikatsii ta informatyzatsii 100–107 (in Ukrainian).

4. Tkachuk N, ‘Stratehichne planuvannia ta stratehichnyi analiz u sferi zabezpechennia natsionalnoi bezpeky’ [2021] 4 Yurydychnyi visnyk 80–86 (in Ukrainian).