Legal regulation of national security in Ukraine: today’s challenges

Abstract

The article is devoted to the study of the legal regulation of national security in Ukraine. Against the background of the full-scale invasion of Russia on the territory of Ukraine, this issue becomes particularly relevant and requires a more detailed and in-depth study. Moreover, in recent years, the raised issue is becoming more relevant not only on the territory of Ukraine, but also in the field of lively discussion at the international level, because modern legal, democratic states of the world seek to join forces in this direction. It is noted that the legal mechanism for ensuring national security in Ukraine is regulated by a system of laws and by-laws. In this area, the main regulatory documents of both state and international nature are singled out and analyzed. In particular, the public legal mechanism for ensuring national security in Ukraine is established in accordance with the Constitution of Ukraine. Its functioning and gradual development is ensured by a system of laws and by-laws, which can be divided into two groups: 1) those that directly regulate public relations in the sphere of ensuring national security and defense; 2) those that regulate other social relations and indirectly guarantee national security and defense. Sub-legal normative legal acts in the field of ensuring national security detail, harmoniously complement and specify the current legislation. The system of by-laws in the field of ensuring national security is largely branched and characterized by incoherence. The system of current legislation in the field of ensuring national security needs improvement in terms of Ukraine's integration into NATO. Taking into account international standards in the field of defense is an important factor in the recognition of Ukrainian society as a civilized member of the international community. The fundamental standards of ensuring national security are provided for in international acts in the field of human rights, which establish the conceptual foundations for the further formation of special international standards in various areas. The standards defined in international treaties on human rights were further improved in international security acts developed under the auspices of the United Nations, the Council of Europe, the OSCE, the European Union, etc.

Keywords

• security
• legal regulation
• national security
• territorial integrity
• sovereignty.