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

2020 ◽  
Vol 77 (2) ◽  
pp. 33-39
Author(s):  
О. В. Нестеренко

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.

Author(s):  
Viacheslav Alexandrov

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.


Author(s):  
Volodymyr Liutyi ◽  

The relevance of the article is due to the European integration aspirations of Ukraine and the prospects of joining its security forces, including the National Guard of Ukraine, to the NATO. So, the formation of language competence in modern conditions is an integral part of the officer’s professional development and training. Theoretical analysis of scientific sources on the language competence development in servicemen of the Armed Forces of Ukraine and law enforcement officers of the Ministry of Internal Affairs of Ukraine revealed that this problem has not been studied and needs additional research. The essence of the language competence in the NGU officer is revealed as a personal integrative formation, which allows the specialist (an officer) effectively to communicate in foreign language, to achieve positive results in his professional activity. It is studied that the requirements of the NATO STANAG-6001, as well as various aspects of the NGU's professional activity should be taken into account when developing the language competence in NGU officers.


2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.


2020 ◽  
Vol 5 (5) ◽  
pp. 100
Author(s):  
Volodymyr Mozharovskyi ◽  
Serhii Hodz

The article presents the essence and main points of the methodological approach to the substantiation of the optimal combat staff of the armed forces from the perspective of the theory of prevented damage of our troops in the operation and taking into account military-economic capabilities of the state, in particular, financial constraints on the procurement and maintenance of combat means of relevant j-types. Inconsistency between tasks scope, which are entrusted to the armed forces (AF) for national security, and level of their combat capability has been and remain one of the fundamental problems that adversely affects the process of their forming, developing, preparing and using. That kind of inconsistency is caused by the impact of some factors, primarily factors characterizing economic-military capabilities of the state. Such factors also involve the capacities of the defense industrial complex in terms of development, production, modernization and providing military units (MU) with weapons and defense equipment (WME). The experience of the troops shows that current financial constraints on the procurement and maintenance of the necessary WME negatively affect the level of MU fighting potential. Thus, the problem and need for the substantiation of optimal combat staff of the AF have been and remain inherent components of the process of their forming and developing taking into account military-economic capabilities of the state. The above defines the relevance of the research under consideration and needs new scientific approaches to the justification of optimal combat staff of the AF, which would ensure guaranteed execution of national security tasks. Based on the analysis of recent research and publications related to the problems of substantiation of the AF staff as well as the assessment of the impact of CP of MU on the level of their combat capability, the paper establishes that available methodologies (methodological approaches) don’t specify some issues, including what should the optimal AF combat staff be for guaranteed execution of their intended targets, taking into account the military-economic potential of the state? One of the alternate solutions of the problem is the methodological approach, which is presented in the article, to the justification of the optimal combat staff of the armed forces from the perspective of the theory of prevented damage of our troops in the operation and taking into account military-economic capabilities of the state, in particular, financial constraints on the procurement and maintenance of fighting means of relevant j-types. To get a much better sense of the essence and content of the research subject, the authors define a range of the concepts: “military-economic factors”, “prevented damage”, “prevented damage theory”, “combat potential”, “combat capability”, “combat staff”, “effectiveness of combat use of forces”. The authors believe that compared to the available methodological approaches (methods), the methodological approach set out in the article allows: formalizing the interrelation between the level of combat capability of our forces and the desired value of their prevented damage (CP maintenance) for a defined period of operation, which is achieved by the results of counteraction (fire effect) of fighting means of j-types of our troops against the enemy. This enables us to determine the number of combat means of all j-types of our troops required at the initiation of the operation, which (taking into account losses for T days of combat activities) ensures the target level of their fighting efficiency; carrying out the differentiated approach to the determination of the role (contribution) of every kind of our forces in the execution of tasks set in the operation that makes it possible: to calculate the contribution of every j-type of combat means (military branch) to the tasks of general damages on enemy and achievement of combat actions of the required correlation of parties’ CP during T days; to define the contribution of combat means of every j- types (military branch) to reducing the predicted value of the average-daily costs of the original CP of our troops to the acceptable one, the accomplishment of the necessary absolute value of our troops and maintenance of the target level of their combat capability during the T-days operation; improving (based on the indicators of prevented damage) the mathematical model of the optimization problem and elements of the calculation process (algorithm) that allows studying the interdependence between core indicators, which evaluate the effectiveness of combat use of troops during the operation, more specifically. Prospects for future research are the detailed elaboration of mathematical models and elements of the calculation process (algorithm) for upgrading methodical apparatus, which makes it possible to substantiate the optimal combat staff of the AF required for the successful execution of state security tasks from the perspective of the theory of prevented damage of our troops and taking into account military-economic capabilities of the state.


2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot

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.


2020 ◽  
Vol 54 (1) ◽  
pp. 51-75
Author(s):  
Mohammad Sayeed

This article focuses on legal learning and a specific type of protest that emerged in the aftermath of the police shoot-out at Batla House, New Delhi in 2008. Following the shooting, there was an atmosphere of fear in the locality, as doubts began to emerge about the police’s version of the story. What exacerbated the situation was a series of arrests from the locality, often without proper documents and procedures. Under the pretext of national security, the mandatory legal procedures were often ignored, and severely limited the legal avenues available for the residents. The residents invested in collective learning of the legal procedures and were able to create tactical situations on the street to force the state agencies to follow the letter of the law. In this process, they reproduced the state’s logic of combining the judicial with the extrajudicial but aimed it towards deepening their belonging to the law.


2021 ◽  
pp. 67-74
Author(s):  
Nelli Tsybulnyk

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.


Sign in / Sign up

Export Citation Format

Share Document