Military order as a legal form of operation of organizational units military administration in the sphere of internal organization

Objectives examine the legal basis on which managerial acts, such as orders, may be issued and the extent to which they may regulate the conduct of employees. In practice, the Act on Homeland Defense raises doubts regarding the scope of introducing orders towards employees who are not soldiers. The fundamental problem is to determine whether the issuance of such acts falls within the scope of the powers of the managing entity, and how such acts may affect the rights and obligations of employees. Methods dogmatic-legal method Results It should be considered whether, in terms of the internal organization of organizational units of the minister and military units, provisions should be introduced in the Homeland Defense Act that would enable such a unit to be granted a statute or organizational regulations. Regulations issued under the Act should cover not only external issues, such as headquarters or territorial scope of operation, but also the detailed internal organization of these units. Conclusions Alternatively, the Act should provide for the Minister of National Defense to grant the unit a statute and the head of the unit to establish organizational regulations by way of an ordinance. The introduction of such a solution would provide subordinated entities with a clear basis, eliminating the need to rely on regulations introduced by way of orders, which could be questioned as to compliance with this form of action - an order.