On the Issue of the Principle of Rational Formalism in the Disciplinary Procedure Regulated by the Act on the Defense of the Homeland

The principle of rational formalism in the Homeland Defense Act is a directive according to which procedural activities in the course of military disciplinary proceedings should be carried out in a form specified by legal norms. By specifying the mechanisms for carrying out procedural steps in the course of proceedings, the Act limits the scope of discretionary power of disciplinary bodies, thereby protecting participants in proceedings against arbitrariness, including the voluntarism of jurisprudence.