THE LAW OF UKRAINE "ON THE FUNDAMENTALS OF NATIONAL RESISTANCE" IN THE SYSTEM OF DEFENSE LEGISLATION OF UKRAINE

Abstract

The article analyzes the Law of Ukraine "On the Basics of National Resistance" from the point of view of further development of defense and security legislation. This Law is considered as a complex legal act that regulates the organization and functioning of territorial defense, the resistance movement and the preparation of citizens for such activities. It is indicated that by the subject of legal regulation, this normative legal act is included in the system of defense legislation and interacts with normative legal acts that make up the security legislation. This is confirmed by the fact that, on the one hand, its provisions are aimed at providing Ukraine's defense activities with a more meaningful and comprehensive character, including by promoting defense. On the other hand, the provisions of this Law contribute to the creation of conditions for ensuring the national security of Ukraine both through strengthening defense and improving the provision of military security, and through other components of national security, in particular, through public, informational, legal and some other types of national security. Given the fact that both defense and security legislation always establish and define legal and organizational foundations (fundamentals) in the relevant spheres of social relations related to the provision of national security and defense of Ukraine, the word "fundamentals" is used in the title of this Law redundant Based on this, it is indicated that the most optimal name of this Law should be "On National Resistance". It is noted that this Law, by its subject of legal regulation, concerns the organization of national resistance, and therefore the activities of broad sections of the population. In this regard, it is indicated that the preamble of the Law should be more detailed and should disclose participation in national resistance as a form of fulfilling the constitutional obligation to protect the Motherland (Part 1 of Article 65 of the Constitution of Ukraine) and the cause of all Ukrainian people in protecting the sovereignty and territorial integrity of Ukraine (Part 1 of Article 17 of the Basic Law of Ukraine). At the same time, the reference to Article 65 of the Constitution of Ukraine, which establishes that the protection of the Motherland, independence and territorial integrity of Ukraine is the duty of Ukrainian citizens, is conditioned by the fact that national resistance is one of the forms of protection of the Motherland as the most important constitutional duty of Ukrainian citizens

Keywords

• national security and defense, defense legislation, legal basis of national resistance, legal regime of martial law, protection of the mother land.