scholarly journals Protection and Control of the State Border as a Component of Ensuring National Security of Ukraine

2019 ◽  
Vol 86 (3) ◽  
pp. 89-100
Author(s):  
В. В. Половніков

The issues of borders and national foundations of state formation are of great importance in Ukraine. Ukraine is developing within the existing borders on the basis of use by the Ukrainian nation of its inalienable right for self-determination, provides the safeguard and protection of the national statehood of the Ukrainian people, and takes the lead on its territory. The inviolability of the territory of Ukraine within the existing borders implies the inviolability of these borders. The aim of this article is to characterize the safeguard and protection of the state border of Ukraine as a component of ensuring of the national security of Ukraine. The safeguard and protection of the state border are one of the important types of state activity. They are of particular relevance and importance in modern conditions after the events of 2014 and subsequent years. Earlier, the issue was the safeguard of the state border of Ukraine within the framework of law enforcement activities, but today, the issues of safeguard and reliable protection of the state border, ensuring the security of the state border and cross-border security of Ukraine are considered as important components of the country’s security and defence. In the scientific literature the content of governance in this area being considered differently. In particular, as a separate subsystem of public administration in the administrative and political sphere at the level with the management of state or military security and defence, components of national or internal security of Ukraine, etc. There is no single point of view on this matter in the theory of administrative law. Based on the analysis of the current legislation of Ukraine, the content of the concepts of national and border security of Ukraine, scientific views, available in the theory of administrative law, the author concluded that the safeguard and protection of the state border ensure the safety of the state border of Ukraine and cross-border security of Ukraine. Cross-border security, in its turn, is an element (separate subsystem) of Ukraine's national security. Security of the state border – is protection of its inviolability and, accordingly, stability of its passing, designation, order of supply, crossing, maintenance, etc. Any violations of the state border regime must be decisively suppressed. Cross-border security – is a component of national security of Ukraine and provides security of the state border, protection of state sovereignty and territorial integrity of Ukraine within existing borders, other vital national interests of Ukraine from external and internal threats in the field of border activity (at the state border and cross-border space).

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.


2021 ◽  
Author(s):  
Hrabar N. ◽  
Leonenko N.

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.


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.


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):  
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.


Author(s):  
JESÚS LEGUINA VILLA

El Derecho Administrativo es un producto propio y específico del constitucionalismo nacido tras la ruptura revolucionaria con el Antiguo Régimen, que resultará profundamente condicionado por las circunstancias sociopolíticas del país, Francia, donde nació. El Régimen Administrativo del Estado de Derecho se conforma a partir del principio de legalidad, de la potestad reglamentaria, de las libertades públicas y los derechos públicos subjetivos, de la responsabilidad de la Administración y del control a través de la jurisdicción contencioso-administrativa. Administrazio Zuzenbidea konstituzionalismoaren berezko produktua espezifikoa da, Frantziako Iraultzak Erregimen Zaharrarekin apurtu ostean sortua eta herrialde horren egoera soziopolitikoak sakon baldintzatua. Zuzenbide Estatuaren Administrazio Araubideak osatzeko hauek guztiak hartzen dira abiapuntu: legezkotasun-printzipioa, arauzko ahala, askatasun publikoak eta eskubide publiko subjektiboak, Administrazioaren erantzukizuna eta administrazio-auziarekiko jurisdikzioaren bidez egiten den kontrola. Administrative Law is a product typical and specific of the constitutionalism born after the revolutionary break-off with the Ancien Regime, which was deeply conditioned by the sociopolitical circumstances of the State, France, where it was born. The Administrative Regime of the Rule of Law was made up from the point of view of the principle of legality, the statutory power, public freedoms and subjective public rights, the liability by the Administration and the review by means of the contentious administrative courts.


2019 ◽  
Vol 9 (5) ◽  
pp. 1551
Author(s):  
Marat G. AZHIBAYEV ◽  
Olzhas M. DZHANADILOV

Crime does not stand still and evolves with humanity. With the development of technologies, new types of crimes have appeared and, accordingly, new threats that today challenge not only an individual, but entire states, creating risks of harm not only to the economic sector, but to military and national security in general. At the same time, it is important that cybercrime in the field of military security can cause harm to the entire defense complex of the country, leaving the state defenseless against other threats which is unacceptable in order to preserve the sovereignty and the independence of the young democratic state. In this connection, it is necessary to recognize cybercrime at the state level as a threat that could cause harm to military security.


Author(s):  
Y. Lutsenko

The article provides a scientific analysis of the problems that exist in the sphere of national security of Ukraine. The problems in the sphere of state security of Ukraine are investigated, the concept and content of military security of Ukraine are considered in the light of modern challenges and threats. Attention is drawn to the fact that in the presence of military security, many tasks can be solved to ensure national security and create the necessary conditions for the stable development of political, economic, social, environmental, spiritual, intellectual, demographic fundamentals of society's life. The work emphasizes that military security can not be achieved only through the organization of state defense, and is a complex category, which is closely connected with many spheres of social relations and life of the state. It is noted that military security is the foundation of national security, the basis of the country's independence. In connection with this, the military security of Ukraine as one of the priority (basic) types of national security of the state can not be considered separately from the development of political, economic, social processes both on the European continent and around the world, and some features of the geopolitical situation In many cases, the directions and tasks of Ukraine's foreign policy are determined near its borders.


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