scholarly journals New Elements of National Security: National and International Aspects

2020 ◽  
pp. 72-82
Author(s):  
Alexander Kartskhiya ◽  
Keyword(s):  
National Security ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Security System ◽  
Practical Implementation ◽  
Structural Development ◽  
International Treaties ◽  
National Interests ◽  
Security Issues ◽  
International Aspects

The purpose of the study is to study the legal aspects of the structural development of national security to identify trends and factors that influence the formation of national interests of an individual state and international relations, as well as to study the national security system from a legal standpoint. The method of research: a comparatively legal comparison and analysis of current national Russian and foreign legislation and development strategies, international treaties and agreements on national security issues and their application. Result: The study revealed objective prerequisites for the formation of new independent elements of the Russian Federation’s national security system, including biosecurity, cybersecurity, cryptosecurity and investment security. These new elements form their own subjects and ways of ensuring national interests and national security in these areas, have their own legislative framework and legal regulation, which clearly determines the need to allocate them into independent structural elements of national security for further legislative regulation and practical implementation in terms of protecting national interests.

scholarly journals Factors-Threats to Information Security in the Extreme Transformations of the Russian State in the 20th Century

Lex Russica ◽  
2019 ◽  
pp. 163-175
Author(s):  
A. V. Pogodin ◽  
A. V. Putintsev
Keyword(s):  
Information Security ◽  
Public Relations ◽  
National Security ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
National Interests ◽  
Political Processes ◽  
Security Issues

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.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

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.

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
Keyword(s):  
National Security ◽  
Public Administration ◽  
Crisis Management ◽  
Mutual Influence ◽  
Legal Regulation ◽  
The State ◽  
National Interests ◽  
Territorial Integrity ◽  
Functional Components ◽  
Comprehensive Study

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.

International Legal Aspects of Environmental Management in the Arctic

2019 ◽  
pp. 428-450
Author(s):  
Olga Pasko ◽  
Natalia Staurskaya ◽  
Anna Safronova
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Indigenous Communities ◽  
Legal Aspects ◽  
The Arctic ◽  
Practical Implementation ◽  
International Treaties ◽  
Arctic Ecosystems ◽  
Industrial Facilities ◽  
The Sustainable Development

The chapter is about contemporary ecological problems of the Arctic with regard to the relevant regulations, as well as their practical implementation. The chapter outlines the range of problems related to the coordination of international cooperation and concerted actions of stakeholder states for sustainable development in the region. The goals of international treaties on environmental protection have been classified. There is a review of key tendencies of legal regulation improvement for safeguarding Arctic ecosystems and the designation of protected areas. The natural resources and theoretical issues of their use have been thoroughly described and illustrated with examples obtained internationally. There are conclusions on the state of the art in the field of international rules and regulations for the sustainable development of the Arctic, in particular by sound environmental management, improvement of infrastructure and industrial facilities, preservation of the authentic culture of the northern indigenous communities, and improvement of the quality of their life.

scholarly journals Legal aspects of the impact of educational migration on the national security of Ukraine

2021 ◽  
pp. 125-129
Author(s):  
V.V. Makarchuk
Keyword(s):  
National Security ◽  
Migration Policy ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Negative Consequences ◽  
Academic Mobility ◽  
Higher Education System ◽  
Educational Migration ◽  
And Migration ◽  
The Impact

The article is intended to analyze the legal aspects of the impact of educational migration on the national security of Ukraine. The legal basis of educational migration is considered, in particular, the consolidation of Ukraine's participation as a full participant in the European educational space in the regulatory framework and its impact on Ukraine's national security. The positive and negative consequences of educational migration and their impact on the national security of the country are analyzed. Comprehensive measures, including legal ones, in the field of education and migration policy of Ukraine have been identified. Academic mobility and cross-border education are identified as the main institutional forms of educational migration. Today, the national security of Ukraine requires the protection of the public interests of all segments of the population, including young students, which ensures the sustainable development of the country and society. The vast majority of migrants are young people - the most active part of the population, prone to self-development and adaptation in a multicultural environment. Ensuring constitutional human rights and freedoms, including their right to education, are objects of national security. It is proved that international integration and integration of the national higher education system into the European educational space is one of the main principles of state policy in education. Accordingly, there are academic mobility programs in the field of international cooperation. Migration policy is one of the priority areas of the country's development. Migration is a complex process that includes, in addition to legal, economic, socio-psychological, political and cultural interrelationships. The issue of modern migration processes and national security is always promising in terms of further research, especially given that the analysis of the migration situation in Ukraine shows that they are developing much more dynamically than the process of legal regulation in this area. In fact, it is about the complexity of effective legal regulation of migration processes in the country.

scholarly journals THEORETICAL AND APPLIED ASPECTS OF PUBLIC ADMINISTRATION IN THE FIELD OF NATIONAL SECURITY OF UKRAINE: RETROSPECTIVE ANALYSIS

2021 ◽  
Author(s):  
Hrabar N. ◽  
Leonenko N.
Keyword(s):  
National Security ◽  
Public Administration ◽  
Retrospective Analysis ◽  
The State ◽  
Point Of View ◽  
Practical Implementation ◽  
Historical Period ◽  
Constitutional Rights ◽  
National Interests ◽  
National Values

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.

scholarly journals Modern genesis of administrative and legal regulation of the security sector of Ukraine: decentralizationof power and international experience

2021 ◽  
pp. 67-74
Author(s):  
Nelli Tsybulnyk
Keyword(s):  
National Security ◽  
Local Governments ◽  
Armed Forces ◽  
Legal Regulation ◽  
Main Body ◽  
Public Authorities ◽  
National Interests ◽  
Security Sector ◽  
Legal Norms ◽  
The Law

Problem setting. The issue of legal regulation of the security sector in Ukraine is one of the most pressing problems of the state. Launched in 2014, the process of decentralization has strengthened the motivation for inter-municipal consolidation in the country and still creates appropriate conditions and mechanisms, including legal, for the formation of capable territorial communities which, uniting all their efforts, will be able to solve specific pressing problems. The purpose of the research is to identify the features of administrative and legal regulation of relations in the security sector in the context of decentralization of state power to identify ways to further improve their legislation, based on the analysis of the provisions of domestic regulations Analysis of resent researches and publications. An important contribution to the study of regulatory and legal support of the security sector of Ukraine, the development of its qualitatively new model, the peculiarities of its implementation and provision were made by such scientists as Bodruk O., Duchyminska L., Ezheev M., Kolb O., Ponomarev S. and others. Article`s main body. During the development of Ukrainian statehood, the Verkhovna Rada of Ukraine began to adopt regulations aimed at regulating public relations in the field of state defense, in particular the Law of Ukraine № 19911934-XII «On the Armed Forces of Ukraine» and № 1932- XII «On the Defense of Ukraine». Later (March 25, 1992) in order to resolve legal and functional issues in the field of state security, the Law of Ukraine № 2229-XII – «On the Security Service of Ukraine» was adopted. Twelve years have passed since the proclamation of Ukraine's independence until the adoption of a single legal act that regulated the issue of national security. Administrative and legal regulation of the security sector can be defined as regulated by administrative and legal norms of the system of public authorities, which by the laws of Ukraine in order to ensure the national security of Ukraine is entrusted with the function of protecting the national interests of Ukraine from threats. Conclusions. Thus, administrative and legal regulation of the security sector is regulated by administrative and legal norms of the system of public authorities and local governments, which are responsible for the protection of national interests of Ukraine from threats, in order to ensure national security of Ukraine. The analysis of administrative and legal regulation of the security sector of Ukraine gives grounds to believe that this area significantly needs further improvement and some changes. The domestic regulatory framework governing national security and defense needs to eliminate conflicts and significantly clarify the categorical apparatus.

scholarly journals THE PROBLEM ISSUES OF ENSURING NATIONAL SECURITY AT THE REGIONAL LEVEL

2020 ◽  
pp. 172-177
Author(s):  
Elena Yu. Tikhaleva
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Regional Level ◽  
Security System ◽  
Regional Security ◽  
Exchange Of Information ◽  
Regulation Of Activity ◽  
The Russian Federation

Functioning and exchange of information between state structures of federal and regional level, coordination of interests of various subjects of the Russian Federation, promote stability in the country. In this situation, the necessary «balance» is formed in the relations between the Russian Federation and its administrative-territorial units that at due level can protect the state from social shocks and crises. In this regard, the author analyses the participation of subjects of the Russian Federation in ensuring national security. The article provides a generalised characteristic of correlations between the concepts of «national security» and «regional security». The attention is drawn to factors infl uencing the regional security system. Some topical issues of legal regulation of activity of subjects of the Russian Federation about the ensuring national security are considered. The author revealed negative tendencies taking place within the regional security system. Based on the conducted research, the conclusion is made that there are a number of problems in the fi eld of national security at the regional level. These problems can affect the state as a whole

PECULIARITIES OF NATIONAL SECURITY OF UKRAINE IN CONDITIONS INTERNATIONAL UNCERTAINTY

2020 ◽  
Keyword(s):  
National Security ◽  
Cyber Security ◽  
Technological Development ◽  
World Order ◽  
Political Struggle ◽  
National Interests ◽  
Security Issues ◽  
Political Events ◽  
Stability And Instability ◽  
The Media

Aspects of national security in the modern globalized world are analyzed, methods of influencing the factors of national security are studied, special attention is paid to the role of national interests in the context of national security, the issues of «legitimization of power» and «right of rebellion» as ones of the internal destabilizing factors of national security are analyzed. The main focus is given to the information and psychological confrontation in the media and its impact on human consciousness. The necessity of struggle against external influences for stable development and strengthening of own state sovereignty is analyzed. The document «On the National Security Strategy of Ukraine» is considered as a fundamental legislation that regulates and establishes the directions of threat to Ukraine in the context of information confrontation between states. The main elements of influence and their result on European countries are studied. Recent events in Belarus and the coronavirus pandemic are forcing more attention to national security issues and threats from outside players. The main factor in preserving sovereignty is the clear formulation of one's own national interests and defending them in the international arena. Extension of Ukraine’s cooperation with the world’s leading countries (especially in the field of cyber security and military cooperation) should help strengthen interstate ties and expand interstate partnerships in the field of economy and security. The main aspects of stability and instability among modern methods of political struggle are highlighted. The study of national security involves the analysis of current world political events and processes, namely – globalization, migration, economic crisis, technological development, etc. These processes are very interconnected and, to some extent, complement each other. We can see that global political change in the world at the beginning of the ХХІst century is the foundation for a new world order.

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