scholarly journals Theoretical and methodological foundations of the formation of national interests in the crisis management system

2020 ◽  
Vol 7 (12) ◽  
pp. 135-146
Author(s):  
Ф. І. Терханов

The article substantiates a comprehensive study of theoretical and practical problems of ensuring the national interests and territorial integrity of Ukraine in the context of crisis management, modern transformational changes in the field of public administration. The theoretical and methodological foundations of the study of the complex of national interests are analyzed, the concept and essence of public government activities in the field of national interests and the preservation of territorial integrity are determined. The concept, essence and elements of ensuring national interests in public administration are defined.Based on the analysis of studies of domestic and foreign scientists, it is proposed that research approaches to the formation of a complex of national interests be divided into the following areas: the first direction involves a combination of international and national parts of the qualification of problems in the field of national interests, based on regulation by international legal acts, which are set forth in the form decisions and resolutions of international organizations, and on this basis a generalization of the concept of "national interests sys ”, based on constitutional norms, regulations on the functioning of managerial structures, provisions of relevant legislative acts, specifics of geopolitical status, membership in international and intergovernmental organizations. The second direction is based on establishing the institutional characteristics of formalizing national interests and provides for a combination of political, socio-economic and security components, and is now complemented by factors of military-political and military-economic cooperation. The third area is based on a modern understanding of the concept of "security and territorial integrity of the state." In the framework of this direction, the mutual influence of national security factors, the identification of threats to state sovereignty and territorial integrity are investigated, and the country's geopolitical status is determined. The fourth direction is based on a comprehensive study of the features of ensuring national interests in open or latent armed conflicts.The content of legal norms as an element of the mechanism for ensuring national interests and territorial integrity in the field of public administration is analyzed. The features of the functional components of ensuring national interests in the context of transformational changes in public administration are considered. The methodological foundations of the assertion of territorial integrity as a component of national interests are investigated. The essence of the normative legal certainty of the concept of territorial integrity is determined, as well as the institutional features of ensuring territorial integrity. The process of establishing a national security system and ensuring the territorial integrity of Ukraine as a component of the formation of a modern state in the format of crisis management is analyzed. The importance of the constitutional definition of the geopolitical course from the standpoint of ensuring national interests is proved. Particular attention is paid to the study of the legal formalization of an object, subject, their functions in the mechanism of organizational and legal regulation of the state from the standpoint of ensuring territorial integrity and national interests.

Author(s):  
O.A. Kolotkina ◽  

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.


Author(s):  
Irina V. Imideeva ◽  
◽  
Nandinceza Boldbaatar ◽  
Nikita S. Ryazantsev ◽  
◽  
...  

The aim of the study is to analyze the factors of Mongolia's national security in the context of the country's security and approaches to the implementation of demographic policy. The object of the study is the demographic processes in Mongolia during the COVID-19 pandemic in the context of ensuring the country's national security. The subject of the study is the measures taken by the state authorities of Mongolia during the COVID-19 pandemic to protect national interests from internal and external threats, the patterns and principles of implementing and ensuring the national security of the state in the context of solving the country's demographic problems. The most important element of the stability of the national security of the state is demographic security, as it is responsible for the process of reproduction of the country's population, in quantitative and qualitative terms. The approach of the Mongolian state in the context of a pandemic is aimed at protecting every citizen, society and country as a whole from internal and external threats, which allows maintaining the sovereignty, sustainable socio-economic and demographic development, territorial integrity of Mongolia. The study analyzed demographic processes during the COVID-19 pandemic, including fertility, mortality, migration, nuptiality and divorce. The features of migration processes during the COVID-19 pandemic are considered, including the return of Mongolian citizens to their homeland through channels organized by the state — export flights. The links between the socio-economic situation and changes in the demographic sphere in the country are revealed. The key risks in the development of demographic processes in Mongolia during the COVID-19 pandemic, affecting the sustainability of national security, have been identified. Based on the results obtained, measures are proposed to strengthen the demographic policy in Mongolia.


Lex Russica ◽  
2019 ◽  
pp. 163-175
Author(s):  
A. V. Pogodin ◽  
A. V. Putintsev

The authors of the paper make an attempt of a complex theoretical and historical analysis of factorsthreats to the national security of Russia in the information space. Within the framework of the problem statement, the urgency of the study of national security issues within the framework of the general theory of state and law is substantiated, the features forming the concept of a factor-threat to national security are developed. The attention is focused on the role of passionate personalities in the processes of destabilization of society. It is hypothesized that a two-tier structure of the information space as an object of information security, including deep (ideology) and surface levels, the modeled relationships between processes occurring at these levels. Analyzing the periods of extreme transformations of the Russian statehood (revolutions of 1917 and perestroika), the authors find the connection between the efficiency of political processes regulation and the presence of changes in the information space. It is suggested that there is a stable connection between legal regulation, scientific and technological progress and the state of protection of national interests. The emergence or increase in the availability of new technical means of disseminating information to the population inevitably leads to a lag in the regulation of relevant public relations, which, combined with certain political and social factors, jeopardizes national security. The forecast of development of a situation in the short-term prospect is given taking into account the development of the Internet. As a conclusion, the authors propose to focus on the development of a new model of information security regulation, based on the awareness of the loss of the effectiveness of traditional means and methods of legal regulation, which the state had previously. Having lost the monopoly on control over the surface level of information space, the state can and should ensure stability at the level of ideology.


2021 ◽  
Vol 06 (04(01)) ◽  
pp. 16-31
Author(s):  
Victoriia Zagurska-Antoniuk Victoriia Zagurska-Antoniuk ◽  
Olha Rudenko Olha Rudenko ◽  
Mateusz Piskorski Mateusz Piskorski

Ensuring public administration of national security is currently gaining extreme significance as seen from the perspective of geopolitical transformations. The addressed issue is particularly relevant and calls for a thorough and systematic research, in view of the global economic crisis, the fight against the COVID-19 pandemic and the global geopolitical transformations and threats that have swept over the world during the recent decade. Despite the sound regulatory framework for public administration in the field of national security and the existing mechanisms of state regulation therein, the effectiveness of public administration in protecting national interests and ensuring the security of individuals, society and the state from external and internal threats requires further enquiry. That said, public administration of national security encompasses the mechanisms to ensure the safeguarding of vital interests of man and citizen, society and the state, and accordingly the sustainable development of society, prompt detection, prevention and neutralization of real and potential threats to national interests. Key words: geopolitical security, geopolitical threats, public administration, national security, social security, COVID-19.


2021 ◽  
Author(s):  
Hrabar N. ◽  
Leonenko N.

The article is assigned to the researcheses of problems of public administration in the national security from the point of view of retrospective analysis. The emphasis is on respect for the fact that the state policy in the spheres of national security and defense is focused on the defense of the most important rights, legal interests and guarantees, in particular, man and citizen - their life and dignity, constitutional rights and freedoms, safe living conditions; society - its democratic values, prosperity and conditions for sustainable development; the state - its constitutional order, sovereignty, territorial integrity and inviolability; territory, environment - from emergencies. The outlined postulates occupy a prominent place in domestic legislation and become a fundamental basis for the implementation of various programs and concepts aimed at their practical implementation in public life. At the same time, in order to achieve the outlined aspects, the question of the theoretical foundations of public administration of national security in the context of retrospective analysis shall be important. Based on the results of doctrinal and comprehensive research, it is concluded that the theoretical and methodological difficulties of the retrospective concept of "national security" also allow us to conclude that it is expedient to consider not only the concept of "security" but also the concepts of "nation" and "nationalism" to find out what meaning is embedded in the concepts of "national interests" and "national values". Therefore, an important step that to some extent allows us to reach a consensus on the concept of "national security" is to consider the concept of "nation" and the phenomenon of the phenomenon called "nationalism". At the same time, the isolation of certain factors in the context of national security should be considered a temporary aspect, as it is only possible to assert the priority of certain national interests in these areas in a historical period of society and state, and hence the corresponding priority ensuring their implementation. Moreover, the long-term preference of one or another area under certain conditions may even be a threat to national security. Ignoring national interests in other areas ultimately leads first to a reduction in the potential of the state, and then to an integrated level of national security. The advantage that can be given to one or another sphere of national security is justified only under certain extraordinary conditions.


Author(s):  
Natalia Gavrilova ◽  
◽  
Larysa Petrenko ◽  
Natalia Pitel ◽  
◽  
...  

The level of national security of the country directly depends on the needs of enterprises of the defense-industrial complex, their scientific, technical, financial and economic development. The financial security of defense enterprises and the financial security of the state as a whole is in a state of direct mutual influence. Thus, there is an urgent need to study the peculiarities of ensuring financial security at the enterprises of the defense industry and in the defense-industrial complex. The purpose of the work is to study the modern aspects of an international partnership of enterprises of the defense-industrial complex, the principles of their activities, and the financial aspects of development. The article considers the interpretations of scientists on the concepts of defense spending and financing of law enforcement agencies, considers the structure of the defense budget of Ukraine. The article considers the defense-industrial complex as an integral part of the entire military potential of the country and the industrial basis of the national security of the state. The article states that the enterprises of the defense-industrial complex produce high technologies, know-how, which can later be used in civilian sectors of the economy. International partnership of enterprises of the defense-industrial complex with NATO and the EU becomes a factor in the reform and development of the entire military-industrial complex of Ukraine. However, given the needs of the domestic defense-industrial complex, along with the processes of its structural restructuring, cooperation on technological modernization of the enterprises of the sector and the renewal of the manufactured armaments should deepen. It is also advisable to intensify cooperation in the field of space, both for military and civilian security-related purposes. A separate direction of cooperation should be the creation of a joint innovative infrastructure in the defense-industrial complex.


Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.


2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна

A comprehensive theoretical and legal study of the transformation of ideas about the nature of national security reform in domestic jurisprudence has been carried out. The author has defined the priorities and directions of the reform in the field of national security and, more importantly, its theoretical and methodological basis. It has been determined that the main object of the reform in the field of national security is the whole complex of public relations, which is subject to special protection by the system of entities of ensuring national security. The system of such social relations is centered around the defining national interests, which usually include the vital interests of a man, society and the state and the implementation of which ensures the state sovereignty, its progressive development, and safe living conditions and welfare of citizens. It has been noted that the main purpose of national security reform is to improve legislation and governance in the national security sector, which can provide qualitative strengthening in accordance with current and future needs of society to protect key national interests from external and internal real and potential threats. It has been concluded that national security is not considered in modern, both domestic and international science, exclusively as an “acquisition” and a sphere of monopoly responsibility of the state; we cannot eliminate the active participation of civil society structures, which should exercise public control over the course of such a reform and, if necessary, should have the tools of close communication with state authorities at the stage of initiating the reform, constructing its goals and objectives, directions and perspectives and at the stages of its implementation. Restriction of the capacity of the state, especially in times of economic crisis, highlights the need to optimize the participation of non-government actors in ensuring national security. Obviously, such activity of the non-governmental sector should be strongly encouraged by legislative instruments, legitimizing measures for national security reform through its close involvement and providing them with additional public support.


2018 ◽  
pp. 722-732
Author(s):  
Serhii Zdioruk

The essence and need for the establishment of the Ukrainian Local Orthodox Church are revealed. It shows a direct correlation between the assertion of independence of Ukrainian Orthodoxy from the Moscow Patriarchate and the consolidation of Ukrainian society and the strengthening of national security of Ukraine. A dangerous challenge for the Ukrainian people is that we were forced to realize our ethno-religious identity not through world structures (the Vatican, the Ecumenical Patriarchate, and so on), but through Russian Orthodox fundamentalism, obscurantism, and primitive rite of passage, as a result of the inadequate policy of our guides for decades after the restoration of state independence. The article shows the threats to the national interests and national security of the state created by the activities of the Moscow Patriarchate in Ukraine. Russia now considers the use of inter-Orthodox relations as one of the effective mechanisms against the consolidation of the Ukrainian people for the approval of the Ukrainian local Orthodox Church. It is stated that as a result of the deconsolidation of the Ukrainian Orthodox community, Ukraine will lose the potential of Ukrainian citizens. It is noted that the assertion of the Ukrainian local Orthodox Church is equal to the establishment of the national Church, regardless of other foreign religious centres. The recommendations suggest measures, in particular legislative ones, for the democratic settlement of public-religious and state-Church relations in order to consolidate Ukrainian society. They should help ensure the realization of the national interests of the Ukrainian people in the conditions of modern Russian aggression. Keywords: Ukrainian Local Orthodox Church, national interests of Ukraine, Russian aggression, hybrid war, establishment, international religious relations.


2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.


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