Legal Approach to the Democratic Control of the Armed Forces

The existence of contemporary states is directly conditioned by the ways of effectively defending the values, institutions and state resources. The organization and endowment of the armed forces is the expression of the will of the holders of political power and therefore ensuring the democratic character of the control of the armed forces becomes an imperative of today’s global society, an imperative that is achieved through legal means. The process of militarization of contemporary states is supported by the legal framework that establishes the extent and type of political and administrative control that is exercised during this process. An important role in this legislative context is played by the constitution, the fundamental law of each state, which sets out the general principles and modalities for ensuring democratic control of the armed forces. Whether it is a direct control exercised by the people through a referendum or another similar means of expressing the will in connection with military matters of national interest, or it is an indirect control, carried out by the representative authorities, whose members are elected to represent the will of the people, democratic control of the armed forces is a matter of current