Improvement of regulatory and legal regulation of the security sphere of Ukraine in the conditions of military aggression

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National Academy of Internal Affairs

Improvement of regulatory and legal regulation of the security sphere of Ukraine in the conditions of military aggression

A. Kryzhna, student

Supervisor: Doctor of Jurispr.

Assoc. Yu. Prikhodko

Національна академія внутрішніх справ

Удосконалення нормативно-правового регулювання сфери безпеки України в умовах воєнної агресії

к.ю.н., доц. Ю. Приходько

For any state, the issue of the appropriate level of ensuring national (state) security is always of key importance. For this purpose, mechanisms are being introduced that are able to respond to probable challenges to threats to security spheres, the democratic constitutional order and other vital state interests of Ukraine. Taking measures to counter threats of various levels and neutralizing them with the help of legal mechanisms is the task of the state's national security system and should be carried out in coordination and interaction of the legislative body with all subjects of the security sector.

The defining legal act, which establishes the principles of ensuring national security, is the Constitution, on the basis of which laws and subordinate legal acts are adopted. Clause 17 of the first part of Article 92 of the Constitution of Ukraine stipulates that the foundations of national security, the organization of the Armed Forces of Ukraine and the maintenance of public order are determined exclusively by the laws of Ukraine [2]. By-laws define the tasks and functions of the subjects of national state security, the security and defense sector, their areas of activity and sphere of responsibility, and their management bodies. In turn, the competence of the subjects of ensuring national security includes the protection function, and the object of protection is the law, law, freedom and interests of citizens, the interests of society and the state as a whole. regulatory legal national security ukraine

Legislation that regulates relations in the spheres of ensuring national state security, the functioning of the security and defense sector, has certain flaws, which also create s problems in the application of certain provisions of normative legal acts. Scientists pay attention to gaps in the legal system, as well as related threats, namely: conflicting legal norms; low legal technique of formulating legal norms; violation of the hierarchy of legal norms; gaps in the legislation system; excessive legal regulation of social relations; injustice of the law; obsolescence of law; not the humanity of law; unsystematic law; as well as permanent codification of legislation to eliminate substantive and technical-legal deficiencies in it. Ensuring legal security involves, first of all, the identification of threats and the determination of ways to overcome them. In addition, learned practitioners indicate that the legal norms are not sufficiently clearly formulated, therefore it is necessary to improve the legislative mechanism in the field of national security of Ukraine [1].

In the field of national security, an important role is played by the development of medium and long-term strategies for the development of possible options and the corresponding response to risks and dangers. Thus, the National Security Strategy of Ukraine, adopted by the decision of the National Security and Defense Council of Ukraine dated September 14, 2020, which was approved by the Presidential Decree № 392/2020 dated September 14, 2020, determined that for the systematic protection of Ukraine from threats to national security, it is necessary there is the development of the security and defense sector. Ukraine will revise and ensure the implementation of legislation in the field of national security and defense, in particular clarifying and implementing the norms of the Law of Ukraine "On National Security of Ukraine" [4].

In turn, the Strategy for Ensuring State Security, adopted by the decision of the National Security and Defense Council of Ukraine dated 30.12.2021, which was approved by the Decree of the President of Ukraine № 56/2022 dated 16.02.2022, defines real and potential threats to the state security of Ukraine, directions and tasks of state policy in the sphere of state security, and it is a starting document for planning and implementation of policy in the sphere of state security, improvement of national legislation in the sphere of ensuring state security, development of programs and normative legal acts regarding the development of the constituent forces of the security forces of Ukraine [5].

With the beginning of military aggression by the russian federation, the legislative body of Ukraine adopted a significant number of legislative acts aimed at improving many spheres of the state and social protection of citizens under martial law. Regarding the adopted laws that concern security and defense, the following should be singled out: the first Law of Uk raine dated 24.02.2022, № 2102-IX, approved by the Verkhovna Rada of Ukraine "On the Approval of the Decree of the President of Ukraine "On the Introduction of Martial Law"" (and its subsequent repeated continuation); Law of Ukraine dated March 3, 2022 № 2105-IX "On Approval of the Decree of the President of Ukraine "On General Mobilization""; Law of Ukraine dated 03.03.2022 № 2106-IX "On approval of the Decree of the President of Ukraine "On the use of the Armed Forces of Ukraine and other military formations""; Law of Ukraine dated 04/01/2022 № 2170 -IX "On Amendments to the Law of Ukraine "On the Basics of National Resistance"" regarding the improvement of the order of staffing and social security of the Territorial Defense Forces of the Armed Forces of Ukraine and voluntary formations of territorial communities; Law of Ukraine dated 03.05.2022 № 2237-IX "On Amendments to the Law of Ukraine "On the Basics of National Resistance" regarding enabling the Territorial Defense to carry out tasks in the areas of military operations (military) actions".

Spheres that ensure the protection of state sovereignty, territorial integrity and the democratic constitutional system and other vital national interests from real and potential threats, including those of a non-military nature, should be regulated by laws and regulatory acts, which in aggregate should make up a system of mutual relations related documents regulating the activities of state and non-state subjects of ensuring national (state) security [3].

In the conditions of ongoing military aggression, as well as other related challenges, our state must constantly adapt to the realities of today, in particular, improve the legal framework that will have the ability to counter constantly emerging threats. The purpose of the system of legal regulation of national (state) security is to ensure a coherent and comprehensive state policy of today's and future security of Ukraine [1].

Note that the adopted legislative and regulatory acts must be aimed at creating the necessary effective mechanisms not only for the subjects of the security and defense system, but for all subjects of public relations that may be involved in performing tasks in the interests of state security.

In our opinion, the state security model should be built taking into account the following components: conclusions about the situation, recent events and their consequences; a comprehensive assessment of the state of existing events, factors and trends, their impact on the realization of state interests and the preservation of national values; assessment of the state of possibilities for fully ensuring the interests of national (state) security in combination with forecasts of threats that may arise in the short-term, medium-term and long-term perspectives. The system of normative legal acts in the field of ensuring national security should become an integrated structure, a mechanism capable of regulating the processes of ensuring different but interconnected branches, spheres and components of national (state) security, as well as clearly regulating the activities of their subjects and interaction between them.

Summing up, it should be emphasized that the issue of regulatory and legal regulation in the field of ensuring national (state) security will always be in a state that requires constant study and improvement, and depends on many factors, including political, international, military, informational, technological, humanitarian, etc. However, today all the efforts of rule-making activities should be directed, first of all, to the solution of the main task - the improvement of the existing regulatory and legal framework, which will contribute to the effective resistance to the military aggression of the Russian Federation in the conditions of the legal regime of martial law introduced in Ukraine, the creation of conditions that will contribute to the reconstruction of our of the state, the restoration of various branches of the economy and industry, mechanisms of comprehensive social support for citizens who suffered as a result of military aggression, as well as the proper level of security and defense capability of the state and society. Its implementation is possible through the development of a systematized, logical and interconnected regulatory framework in the field of national (state) security.

References

1. Ткаченко О.Є., Євтушенко І.В. Удосконалення нормативно-правового регулювання сфери безпеки і оборони в умовах військової агресії Честь і закон №3 (82)/2022. С. 61-66.

2. Конституція України Сприйнята на п'ятій сесії Верховної Ради України 28.06.1996 р. No 254к/96-ВР. Відомості Верховної Ради України. 1996. №30. Ст. 141.

3. Підковенко О.П. Проблемні аспекти нормативно-правового забезпечення режиму національної безпеки. Сучасні проблеми забезпечення національної безпеки держави: тези ІІІ Міжнар. наук.-практ. конф., м. Київ, 26.11.2020 р. Київ: Інс. УДО України КНУ ім. Тараса Шевченка, 2020. С. 94-97.

4. Про Стратегію національної безпеки: рішення Ради національної безпеки і оборони України від 14.09.2020 р. затв. Указом Президента України від 14.09.2020 р. №392/2020.

5. Про Стратегію забезпечення державної безпеки: рішення Ради національної безпеки і оборони України від 30.12.2021 р., затв. Указом Президента України від 16.02.2022 р. №56/2022.

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