scholarly journals The essence and relationship between the concepts of "security forces" and "law enforcement forces"

2020 ◽  
Vol 4 (4) ◽  
pp. 47-53
Author(s):  
Vitaliy Pokaychuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
National Security ◽  
Political Life ◽  
National Interests ◽  
Security Forces ◽  
Internal Conflicts ◽  
Security Service ◽  
Military Law ◽  
The Individual

The article examines the essence and differentiated concepts of "security forces" and "law enforcement forces" based on the analysis of the current legislation and the theory of national security. The problems of national security, which are one of the most important, complex and multifaceted and integral phenomena of social and political life, are investigated. National security theory is a meta-science that combines the applied aspects of social, military, humanities, technical, psychological, biological and other sciences to explore the nature, content, methods, forms and means of ensuring the security of the individual and social communities of different levels. Therefore, in the study of national security, many categories are used, including the following: security, national security, national interests, national security facilities, national security entities, security factors, threats, danger, national security system, national security principles, national security functions, etc. On the basis of the analysis of key norms of the Law of Ukraine "On National Security of Ukraine" it is concluded that the changed approach to the formation of key legal acts based on the change of the vector of formation of threats to national security and national interests. Such an approach is in line with current requirements because, as historical experience shows, focusing solely on the interests of the state, developing its economic and military potential and subordination to these goals of the interests of individuals, the emergence of internal conflicts, ultimately leads to a process of disintegration. It is noted that while the legislator even divides the security and defense sector of Ukraine into four interconnected components, the composition of the security and defense sector nevertheless lists the entities without belonging to any of the four components. Depending on functional function, the security forces should include: Ministry of Internal Affairs, Security Service of Ukraine, intelligence agencies, State Security Service of Ukraine, State Service for Special Communication and Information Protection of Ukraine, and Military Law Enforcement Service. In line with this goal, it should be noted that although the notion of "law enforcement is encompassed by a broader range of public relations, it includes not only activity in special circumstances, but also the day-to-day service of using the term" security force "in national security activities. moreover, the one defined at the legislative level is more relevant. The legislative definition of "security forces" prompts, at least, the start of a scientific search to clarify the passport of the specialty 21.07.05 - combat service of law enforcement forces and to make changes and additions to the List of scientific specialties.

scholarly journals The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

scholarly journals Conceptual Approaches to the Problem of national Security Concept

2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна
Keyword(s):  
Public Relations ◽  
National Security ◽  
Social Relations ◽  
Public Support ◽  
The State ◽  
National Interests ◽  
Security Sector ◽  
Progressive Development ◽  
Goals And Objectives ◽  
Special Protection

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.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

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 National Security Strategy of Ukraine

2020 ◽  
Vol 20 (4) ◽  
pp. 677-698
Author(s):  
Andrii Zahorulko
Keyword(s):  
National Security ◽  
Security Policy ◽  
Integral Functional ◽  
Security Strategy ◽  
National Interests ◽  
External Threats ◽  
National Security Strategy ◽  
Defence Sector ◽  
Low Efficiency ◽  
The Individual

Creating appropriate conditions for a stable development of the individual, society and state, and simultaneously providing a high level of protection of national interests, has been identified as a priority of the Ukrainian national security policy. The Ukrainian state ought to review all challenges and threats and adopt a new national security strategy. Current circumstances require the National Security Strategy of Ukraine of 2015 to become an integral functional element of the security and defence sector. The National Security Strategy has to become an open and mandatory document developed solely for the practical purpose of comprehensive protection of national security and territorial integrity of Ukraine. The implementation of these priorities is to be ensured through the restoration of peace and state sovereignty in the temporarily occupied territories of Donetsk and Luhansk regions, by implementing a complex set of international, legal, political, diplomatic, security, humanitarian, and economic measures. The key implementation goal should focus on the establishment of the principles of safe and legal country, free in its choice of domestic and foreign political options and development tendencies. External threats are rather more dangerous than internal, but the content of geopolitical security is primarily based on the organic combination of external and internal security. The imperfection of national security legislation and the low efficiency of its implementation are the reason for malfunctioning of the defence sector, which makes ensuring the full realization of national interests impossible.

scholarly journals System of subjects ensuring national security and defence of Ukraine

2020 ◽  
Vol 77 (2) ◽  
pp. 33-39
Author(s):  
О. В. Нестеренко
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
International Institutions ◽  
Armed Forces ◽  
State Agencies ◽  
Industrial Complex ◽  
Security Forces ◽  
Intelligence Agencies ◽  
The Law ◽  
Civil Defence

The author of the article substantiates the relevance and timeliness of the systematization of the subjects of national security and defense of Ukraine. On the basis of generalization and analysis of the current legislation in the field of national security and defense, the author has defined the system of subjects of national security and defense of Ukraine as follows: 1) management subsystem (the President of Ukraine); 2) controlled subsystem: security forces – law enforcement and intelligence agencies, state agencies of special purpose with law enforcement functions, civil defence forces and other agencies; Defense Forces – the Armed Forces of Ukraine, as well as other military formations, law enforcement and intelligence agencies, special purpose agencies with law enforcement functions formed in accordance with the laws of Ukraine; defense-industrial complex; citizens and public associations; 3) auxiliary parts of the system (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, judicial agencies, international institutions). It has been offered to amend Part 1 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, supplementing the four interconnected components of the security and defense sector with a fifth one – leadership in the field of national security and defense. At the end of the list contained in Part 2 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, we consider it necessary to add the phrase “and other authorized agencies”, since the existing list of agencies that are part of the security and defense sector is not exhaustive. The main subjects of national security and defense of Ukraine have been characterized.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

scholarly journals Prerequisites for the Formation of the Anti-Corruption Security Theory in the Russian Federation

2021 ◽  
Vol 14 (11) ◽  
pp. 1690-1709
Author(s):  
Irina A. Damm ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Russian Federation ◽  
Integral Condition ◽  
The State ◽  
Security Strategy ◽  
National Security Strategy ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Individual

Security is one of the basic needs of the individual, society and the state, as well as an integral condition for their development. Corruption is among the threats to the national security of the Russian Federation, as it follows from the National Security Strategy approved by Presidential Decree No. 683 of 31.12.2015. The significant efforts made by the state since the mid‑2000s to form and improve social, legal and organizational mechanisms for combating corruption consistently lead to positive results. At the same time, we have to state that corruption continues to cause irreparable harm to public relations, creates an atmosphere of social tension in society. It is no coincidence that the new National Security Strategy, approved by Presidential Decree No. 400 of 02.07.2021, emphasizes the need of society to strengthen the fight against corruption. The high rates of development of anti-corruption legislation, as well as the institutionalization of anti-corruption structures, have led to the formation of natural intra-system contradictions that hinder the further sustainable development of anti-corruption activities. The emerging trends of stagnation of the anti-corruption system actualize the search for qualitatively new fundamental scientific developments that allow us to reach a new level of intersectoral scientific understanding and development of anti-corruption mechanisms. The current stage of the development of scientific knowledge about the phenomena of corruption and security, as well as the relevant anti-corruption and security systems, allows us to identify sufficient prerequisites for the beginning of the development of the theory of anti-corruption security, which contains methodological approaches to ensuring personal, state and global anti-corruption security

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

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.

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