Abstract
The activity of the Armed Forces is a widespread phenomenon characteristic of the majority of United Nations (UN) member states. The specificity of their functions and associated tasks makes the Armed Forces a state institution possessing autonomous characteristics. This functional autonomy of the Armed Forces manifests itself particularly clearly within the sphere of institutionalized activities where processes generating legal effects are activated, and processes that require appropriate mechanisms of legal response. Identifying these mechanisms constitutes the foundation for understanding the axiology of military law and the military justice system, as well as the challenges they face in today’s world. This article addresses the topic of the military legal system and the military justice system of the Republic of Poland, with particular emphasis on the analysis of extrajudicial forms of legal response. Employing the legal-dogmatic method, key concepts within this domain, impacting the administration of justice within the Polish Armed Forces are clarified. Specifically, the types of extrajudicial legal measures are discussed, along with the legal grounds for their application to Polish Armed Forces personnel. In the conclusion of the discussion, it is asserted that the administration of justice within the Armed Forces, based on a system of extrajudicial measures, constitutes an integral element of the disciplinary administrative system. This system directly reflects the functions and missions of the Armed Forces, and its primary objective is to ensure order, discipline, and combat readiness, while simultaneously relieving the judiciary of minor cases. The conclusions and recommendations presented in the final sections of the discussion address the impact of applying extrajudicial measures on the organization of military justice, as well as on its effectiveness in an era of rapidly evolving transformations within the field of collective security.
Recommended Citation
Szymon Kulmaczewski,
Non-Judicial Measures of Legal Reaction in the Military Domain as a Contribution to the Discussion on the Values of Military Law,
50
S. Ill. U. L.J.
521
(2026).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol50/iss3/5