scholarly journals Labor safety as a social component of the national security of Ukraine in the context of European integration: legal aspect

Author(s):  
V. Pasichnyk

Problem setting. Social stability, a high-quality living standard for the population, and the creation of prerequisites for a decent level of living and development of society directly depend on the level of ensuring social security as a component of the national security of Ukraine. Recent research and publications analysis. Some aspects of the regulatory labor protection support are shown in the works of M. Baru, V. Venediktova, S. Voloshyna, D. Karpenko, L. Lazor, I. Shamshyna, V. Chernadchuk, O. Yaroshenko, and others. However, the peculiarities of labor protection as a social component of national safety in the context of Ukraine’s integration into the European Union require some further scientific research, and the regulation of these features definitely needs to be improved. The article aims to analyze the regulatory support of labor safety as a social component of national security, taking into account the processes of European integration of Ukraine, and to clarify the regulatory context of reforming its system. Highlighting previously unsettled parts of the general problem. The contradiction and inconsistency of the provisions in the Ukrainian legislation as for labor safety and the presence of numerous gaps in it determines the necessity to study this problem of the regulatory support for labor protection as a social component of the national security of Ukraine in the context of European integration. Paper main body. The main priority for ensuring national security is the protection of life and health, human and civil rights, and freedoms. National security is a system of measures to ensure the state of the Ukrainian people (nation) as an independent subject of political power and an equal participant in international relations, the bearer of sovereignty and the main source of power in their country, when the vital interests of a person and citizen, society and the state are optimally balanced and protected. There are no threats to the national interests, national values, and national way of life, and its independence, stability, self-development, and progress are ensured. National security is a complex multidimensional phenomenon that combines military, social, economic, political, informational, and environmental components. So, labor safety is an important social component of national security, because it provides for the adoption of necessary measures aimed at preserving life, health, and working capacity of a person in the process of work and avoiding accidents in future. Providing public stability and meeting Ukrainian national interests largely depends on ensuring labor safety. The law of Ukraine “On labor protection” of 14.10.1992 establishes a single procedure for organizing labor protection by regulating relations between an employer and an employee on issues of labor safety, health and the working environment, and the determination of basic provisions on the realization of the constitutional right of workers to protection of their life and health in the course of labor activity, to proper, safe and healthy working conditions. Ukrainian legislation defines labor protection as a phenomenon related to almost all spheres of society (socio-economic, political, legal, etc.). At the same time, the scientific community considers the concept of labor protection in various aspects. In this case, the concept of “labor protection” covers its definition of “labor safety” as the protection of the employee from the risks associated with the labor process. Thus, labor safety as an element of worker protection is the social component of national security that involves necessary measures to saving human life, health, and working ability and avoiding future accidents. Conclusions of the research and prospects for further studies. Based on the previous information, we can conclude that labor safety is an important social component of the national security of Ukraine. The international legal system and European standards of labor protection are based on the principles of protection and defense of human and civil rights. Therefore, the adaptation of local legislation to international and European legislation will help to improve existing legal norms and create new ones that will contribute to labor safety and stability in society and strengthening the national security of Ukraine. In the case of Ukrainian adaptation to international and European legislation, the requirements of European norms and standards in the field of labor safety provide for the solution of the following urgent tasks: ensuring safe working conditions, prevention of occupational injuries and diseases, providing the safety of products and services. At the same time, the use of economic levers and incentive principles is crucial. Legislative adaptation has to be based on systematic and preventive approaches to ensure workers their labor safety and health.

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.


Author(s):  
Volodymyr Smolianiuk ◽  
Mykola Balan

The purpose of the article. Identify the nature of challenges, threats, dangers and risks as destructive factors of social, man-made and natural origin; to prove the priority of the category “threat” as a kind of risk in the domestic legislation on national security; to argue the thesis about Ukraine’s belonging to “risk societies”; point to the further complication of the process of producing various threats and challenges against the state and society. Scientific novelty. Based on the use of the current legal framework of Ukraine on national security, the existence of a process of continuous accumulation of risks in key areas of the state and the transformation of Ukrainian society on this basis into a “society of risk” is proved. Emphasis is placed on accelerating this process in the context of the hybrid war launched by Russia against Ukraine in 2014. Social development dictates the need for a clear verbal designation of destructive factors against the interests of the majority (national interests). The terms describing their likely or real impact on society were “challenges”, “threats”, “dangers” and “risks”. The natural step of their substantive definition and meaningful filling was their implementation in the conceptual and categorical apparatus of national security theory. In a broad sense, national security is proposed to be considered a state of protection of national interests and values, both from challenges, threats and dangers, and risks. The most widely used term in Ukraine’s socio-political realities is the “threat” that is widely represented in national legislation on national security. The total number of threats in modern Ukraine is steadily increasing. According to Western analytical developments, the excessive spread of threats in basic social spheres (economic, political, social, spiritual, cultural, etc.) gives reason to qualify Ukraine as a “risk society”. The situation is complicated by the hybrid war being waged by the Russian Federation against Ukraine and other democratic countries. It is advisable to present the modern hostilities initiated by Russia as a process of continuous production of threats (risks), the total effect of which should be the destruction of the Ukrainian statehood. In such circumstances, Ukraine should accelerate the process of development (updating) and practical implementation of key strategic documents – the National Security Strategy, the Military Security Strategy, the Cyber Security Strategy, the Public Security and Civil Defense Strategy, the Strategy for the Development of the Defense Industrial Complex. But for the time being, such documents are either substantially outdated or missing at all. Conclusions. Society, based on its complex nature, built on unity and the struggle of opposites, feels the constant impact of challenges, threats and dangers (risks), which it generates. There are no unified and generally accepted interpretations of challenges, threats, dangers and risks. Each country offers its own formats of their interaction and mutual transformation. The most widely used of these are “threats” (Ukraine) and “risks” (Western countries). The total number of risks in which Ukraine is directly or indirectly involved is steadily progressing. Accordingly, modern Ukraine is a clearly defined “society of risks.” Under the pressure of numerous challenges, threats and dangers, Ukraine as a “society of risks” abandons the unambiguous (linear) formulation of threats to national security inherent in specific public spheres, and their legislative consolidation. The state provides for the preparation and periodic updating of a number of strategies (national security, military security, cybersecurity, other documents), which should contain a list of major threats that currently exist in state and social development. Key words: challenge, threat, danger, risk, national security, hybridization of threats, risk society.


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.


2020 ◽  
pp. 53-58
Author(s):  
L.M. Nizova ◽  
E.A. Andreeva

The article examines the state of labor protection in the conditions of solving strategic tasks of the state policy on preserving the life and health of employees in the course of labor activity. The analysis of the regional experience of labor protection contributes to obtaining objective facts and allows us to draw conclusions about the effectiveness of the system under consideration. Priority measures are proposed to improve the labor protection of employees of enterprises on the basis of increasing investments in human capital, improving the education and competencies of employees, forming a culture of labor safety.


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.


2017 ◽  
Vol 4 (02) ◽  
pp. 21
Author(s):  
Hendra Manurung

AbstrakFederasi Rusia merupakan aktor global yang menerapkan kebijakan tegas terhadap Ukraina. Guna mencapai tujuan politik nasional Rusia yang dikendalikan dari Moskwa, melalui operasi militer di tahun 2014, didefinisikan bagaimana negara tersebut berperilaku. Melalui kombinasi operasi militer dan non-militer, Rusia secara perlahan memperoleh kekuasaan melalui aneksasi Krimea. Efektivitas metoda ini dipergunakan untuk menentukan strategi perang Rusia saat ini. Dengan demikian menjelaskan bagaimana kebijakan luar negeri dan kebijakan pertahanan Rusia dari tahun 2000 hingga 2013 yang memiliki ketergantungan pada lingkungan strategis Ukraina terhadap Rusia, dan kepentingan nasional Rusia pada Ukraina. Fokus utama penelitian ini adalah pencapaian tujuan politik Rusia dalam operasi militer yang dilaksanakan di Ukraina dan menganalisa komponen keamanan nasional Rusia yang signifikan mempengaruhi interaksi konflik asimetrik.Kata-kata kunci: keamanan nasional, tujuan politik, operasi militer, perilaku negara AbstractRussia Federation as global actor applied its policies towards Ukraine remains assertive. In pursuing state�s political objectives from Moscow, the escalation of military operation in 2014 defined as the way on how the state behaves. By means of the combination of military and non-military measures on the conduct of operation, Russia is now slowly regaining its power through the annexation of Crimea. The effectiveness of this method determines to be Russia�s strategy on contemporary warfare. Thus, it explains how Russian foreign and defense policy from 2000 to 2013 that depend on surrounding strategic environment of Ukraine to Russia, and the national interests of Russia to Ukraine. The main focus of this research is on the achievement of Russia�s political objective in its military operation in Ukraine and analysis on Russia�s national security components that are significantly influence the interaction of this asymmetric conflict.Keywords: national security, political objectives, military operations, state�s behavior


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.


Author(s):  
Olha Kubetska ◽  
Tetyana Ostapenko ◽  
Yana Paleshko

The article deals with the issue of national security of the state through the allocation and consideration of the basic conditions for its provision. In particular, the authors identified the main components of national security of the country (state security, public security, technogenic security, environmental security, etc.) and identified the priority tasks of the state policy to ensure them. In particular, the main components of the conditions for ensuring public safety (state of orderly public legal relations, in which each person, state body, local self-government bodies and their officials adhere to legal and moral and ethical norms, social norms and rules, fulfill all recommendations, are identified in order to achieve public safety and well-being). The authors have determined the basic list of factors of state policy formation of national security. The components of sustainable development of the state have been identified and characterized. The content of the basic principles that determine the order of state policy making in the fields of national security and defense is explained, namely: accountability is defined as a system of measures by which equilibrium (balance) of authority of the authority and its responsibility is achieved; legality is defined as a kind of foundation of a civilized society, ensuring the equality of all persons before the law; transparency of government is defined as the publication or dissemination of information about a public authority, the principle of activity of public authorities, in which all decisions are open and public. The authors place special emphasis on ensuring the fundamental national interests of Ukraine, which proclaimed: state sovereignty and territorial integrity, democratic constitutional order, preventing interference in the internal affairs of Ukraine; sustainable development of the national economy, transparency of power.


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