Theoretical foundations and development priorities of national security rights

Author(s):  
Volodymyr G. Pylypchuk ◽  
Pavlo P. Bohutskyi ◽  
Ivan M. Doronin

The legal content of national security is revealed in the law of national security and becomes a crucial area for the development of legal science in modern conditions of the armed aggression unleashed by the Russian Federation against Ukraine and crisis processes in the international security system. The purpose of this study was to determine the features of national security law as a branch of the national legal system and establish prospects for the development of this branch of law. This study employed a set of methods, which include dialectical, Aristotelian, historical-legal, comparative-analytical, sociological methods, as well as methods of structural analysis, legal modelling, and forecasting. National security law is considered an independent branch of law that demonstrates its public significance in the legal support of national security. National interests, as generally significant interests protected by law, form objects of national security law, are reflected in social communications, which, under the influence of national security law, acquire the features of legal strategic communications. At the same time, the integrative qualities of national security law are manifested in interaction with international security law and military law. National security law forms a system of legal support for national security. Priorities for the development of national security law are implemented in a complex of research, organisational and educational measures, which determines the introduction of the corresponding scientific speciality and educational specialisation. The practical value of the study was to cover the features of national security law as a value-normative system of statuses, rules of conduct, communications, which has public recognition and is legitimised to ensure safe conditions for human life, the existence and development of society and the state, and to justify the development of the subject area of national security law towards qualitative indicators of legal support of all components of the national security system, structuring its types, levels – from national to international, entering the legal system of collective international security based on international principles and standards that form such a security system

Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat

Keywords: national security system of Ukraine, subjects of the national securitysystem, threats to national security, intellectual property The system of national security of Ukraine is defined as the interactionof the individual, society, public authorities and local governance in the processof ensuring national security, taking into account the relationships between them andtheir environment. It is an open, dynamic, social system, the main purpose of which isto integrate efforts of the individuals, society and the state for the realization of nationalinterests, ensuring the integrity of the social organism and the ability of thestate to defend these interests.It is noted that the issue of intellectual property is an integral part of the nationalsecurity system of Ukraine, as they are present in all objects of the national securitysystem of Ukraine, and their non-compliance or violations pose a threat to these objects,including national interests in the defense sphere of Ukraine.Theoretical aspects of the national security system of Ukraine, components (elements)of this system and their relationship, the main tasks and functions of strategicsubjects of the national security system are considered. The influence of intellectualproperty on the system of threats to national security and defense capabilities ofUkraine is studied. The need to define the system of intellectual property protectionas a component of national security and defense of Ukraine and to take into accountintellectual property issues in the development of national security state policy, aswell as the importance of further research on the role of intellectual property in nationalsecurity and defense of Ukraine are defined.The structural scheme of the national security system of Ukraine is proposed. Itincludes the objects of national security; subjects of national security; threats to nationalsecurity.Insufficient attention is paid to the study of the role of intellectual property in thefield of national security, as well to the identification of threats to state security inthis area. Therefore, there is a growing need for theoretical research that would conceptuallydefine and substantiate the role of intellectual property in the field of nationalsecurity and defense.


Author(s):  
VLADIMIR PREBILIČ ◽  
JELENA JUVAN

Globalizacija je bistveno spremenila mednarodno varnostno arhitekturo. Globoke reforme nacionalnovarnostnih sistemov, ki se osredotočajo predvsem na vedno višjo profesionalizacijo in specializacijo, so postale nujna posledica. Pa vendar je, če želimo zagotoviti neko stopnjo varnosti, pogoj nedvomno osebni motiv oziroma motivacija posameznika tako pred vstopom kakor pri opravljanju nalog znotraj nacionalnovarnostnega sistema. Motivacija pa bolj kot kjer koli drugod izhaja iz občutka domoljubja pri posamezniku, zato države domoljubju v sodobnih nacionalnovarnostnih sistemih namenjajo veliko pozornosti. Vprašanje je, ali se tako vedenje preslikava v civilno družbo, katere pomemben del je nacionalnovarnostni sistem. Še posebno zanimivo je ugotavljati povezavo med mladimi in domoljubjem ter nacionalno varnostjo, saj je tudi od tega odnosa odvisna prihodnost nacionalnovarnostnega sistema kot tudi prihodnjega zagotavljanja varnosti. Rezultati kažejo zaskrbljujoč odnos mladih do vprašanj vojske in vojaških zadev ter politike in političnih zadev. Globalization has significantly changed the international security architecture. Radical reforms of national security systems have become a necessary consequence, focusing mainly on the higher level of professionalization and specialization. However, in order to ensure a certain level of security, the pre-condition undoubtedly lies in the personal motive or motivation of individuals both, before they join the military service and when they perform duties within the national security system. Motivation, more than anything else, derives from an individual's sense of patriotism. Therefore, individual countries devote a lot of attention to patriotism in modern national-security systems. At this point the question arises whether such behaviour is reflected also in the civil society, whose important part is the national security system. It is particularly interesting to determine a connection between the youth, patriotism and national security, as this relationship is important for the future of both, the national security system and provision of security.


Author(s):  
Bela Bertovna Bidova

The goal of this article consists in the analysis of phenomenological characteristics and legal correlation of the definitions “national interests” and “national security”. The author highlights doctrinal and conceptual peculiarities of consolidation of national interests in the modern Russian legal system, determines the priorities of establishment of the system of national interests, as well as proposes optimal means for formation of the system of national interests through the integrated model that ensures adequate inclusion of the objectively nationwide interests, creation of mechanisms of their protection and implementation. The efficiency of international legal mechanism of ensuring national interests in Russia on the regional and global scale is being analyzed and assessed. The priorities of international legal cooperation in the context of ensuring national security and protection of national interests are determined. The scientific novelty lies in the statement that sequential analysis of the problems, which emerge in terms of building the system of national security and in the sphere of fulfilling national interests, may significantly affect the theoretical-substantive  and technical-legal aspects of the regulatory-protective activity, establish a closer correlation between the fundamental elements of Russian legal system, including elements of the mechanism of ensuring national security.


Author(s):  
Vitaliy Pokaychuk

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.


2020 ◽  
pp. 72-82
Author(s):  
Alexander Kartskhiya ◽  

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.


2018 ◽  
Vol 42 ◽  
pp. 316-321
Author(s):  
Boris I. Ananyev ◽  
Daniil A. Parenkov

The aim of the article is to show the role of parliament in the foreign policy within the framework of the conservative school of thought. The authors examine both Russian and Western traditions of conservatism and come to the conclusion that the essential idea of “the rule of the best” has turned to be one of the basic elements of the modern legislative body per se. What’s more, parliament, according to the conservative approach, tends to be the institution that represents the real spirit of the nation and national interests. Therefore the interaction of parliaments on the international arena appears to be the form of the organic communication between nations. Parliamentary diplomacy today is the tool that has the potential to address to the number of issues that are difficult to deal with within the framework of the traditional forms of IR: international security, challenges posed by new technologies, international sanctions and other.


Author(s):  
Oksana Gaiduchok ◽  
◽  
Oleksiy Stupnytskyi ◽  

In modern times, it is believed that by reducing the risk of military intervention, military security has lost its relevance, and economic security has become a priority of national interests. The principle of economic security is as follows: national interests are supported through an economic system that supports free exchange and ensures the upward mobility of the nation. The analysis of economic security is based on the concept of national interests. It is well known that the problem of national security and its components cannot be considered only from the standpoint of current interests; it is closely related to the possibilities of their implementation over a significant, long-term period. Each stage of realization of national interests of the country is characterized by its assessment of its geopolitical, geostrategic and geoeconomic conditions, security threats and the main carriers of these threats, the mechanism of realization of national interests (each of the stages has its own assessment of the main definitions and categories of security, the main vectors of geoeconomic policy). Economic security is the foundation and material basis of national security. A state is in a state of security if it protects its own national interests and is able to defend them through political, economic, socio-psychological, military and other actions. There is a close connection between economic security and the system of national and state interests, and it is through this category that the problems of economic potential and economic power of the state, geopolitical and geoeconomic positions of the country in the modern world are intertwined. At a time when regional forces are trying to expand markets, provide access to finance and the latest technology, economic security has become a necessary component of the ability of regional forces to expand their influence. The article is devoted to the study of economic security of Ukraine and its components using the model of quantitative assessment of economic security of Ukraine. Using the Fishburne method, a model is built that allows to obtain an integrated assessment of the level of economic security based on the synthesis of nine partial indicators.


2019 ◽  
Vol 22 (2) ◽  
pp. 74-79
Author(s):  
Nargiza Sodikova ◽  
◽  
◽  

Important aspects of French foreign policy and national interests in the modern time,France's position in international security and the specifics of foreign affairs with the United States and the European Union are revealed in this article


2018 ◽  
Vol 28 (6) ◽  
pp. 1849-1854
Author(s):  
Marin Petkov

The rapid development of science and technology has led to the emergence of a crisis in society. Science "pushes" religion, but does not offer a new moral code in its place. The definitions of "security" are almost as many and as controversial as postmodernism. For the purposes of this study, however, it will be sufficient to define security as "the functional state of a system that provides for the neutralization and counteraction of external and internal factors affecting or potentially damaging the system." This scientific article presents a study, which seeks to answer the question why the paradigm "security" is so important in the postmodern society, what are the roots of its influence and meaning, and to seek conclusions and guidelines for its increase.


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