Юридичний часопис Національної академії внутрішніх справ (Sep 2021)
The system of organs of state power for the protection of human rights in the sphere of national security
Abstract
The purpose of the study is to provide scientifically based conclusions on the definition of the system of state authorities for protecting human rights in the field of national security in the context of modern challenges and threats based on scientific research. The methodological basis of the study is a complete and coordinated system of methods, which allowed properly analysing the subject matter, in particular, methods of analysis, synthesis, induction, and deduction were used. The theoretical basis of this publication is the papers by Ukrainian researchers devoted to the study of state authorities on the protection of human rights in the field of national security. The scientific originality of the publication is conditioned by the fact that it included a systematic analysis of legal enactments in the field of legal regulation of the system of state authorities for the protection of human rights in the field of national security. It is established that the activities aimed at the protection of human rights and national security are bilateral in nature: the protection of human rights guarantees state security – and protection of state security safeguards human rights. The study highlights the incompleteness of the reform of this system of bodies that certify the shortcomings of the legal regulation of their activities, in particular: 1) the National Guard of Ukraine has the status of a military formation. At the same time, the National Guard of Ukraine is a military formation with law enforcement functions, which belongs to the system of the Ministry of Internal Affairs of Ukraine; 2) the National Police of Ukraine as the central executive authority belongs to the security and defence sector. At the same time, the Law of Ukraine “On Central Executive Authorities” does not specify the National Police as the central executive authority; 3) the subjects of the intelligence community among others, according to the Law of Ukraine “On intelligence”, is the security service of Ukraine. However, in Part 2 of Article 12 of the Law of Ukraine “On National Security of Ukraine”, the Security Service of Ukraine is defined as a separate body in the field of ensuring national security. It is noted that the double indication of the same bodies in the system of state authorities for the protection of human rights in the field of national security is legally unsound
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