No. 1 (2024): National Security: Law and Economics
LEGAL ASPECTS OF THE NATIONAL SECURITY OF UKRAINE

CIVIL OVERSIGHT OF THE ACTIVITIES OF STATE BODIES IN THE SPHERE OF ENSURING NATIONAL SECURITY

V. V. Mushenok
доктор юридичних наук, професор, професор кафедри адміністративного та процесу, Київський національний університет імені Тараса Шевченка

Published 12/29/2024

Keywords

  • Administrative and legal regulation,
  • public supervision,
  • public associations,
  • state policy,
  • state bodies,
  • international acts,
  • national security,
  • national legislation,
  • political rights
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Abstract

The article examines the issue of regulatory and legal regulation of civil society control (supervision) over the activities of public administration in the process of ensuring national security in Ukraine under the conditions of the administrative and legal regime of martial law. The special role of active representatives of civil society in the researched relations is indicated and it is determined that further legislative provision of their powers of control (supervision) and influence on decision-making and implementation of measures by representatives of state authorities in the field of national security is necessary. Peculiarities of the formation of relations of public control (supervision) of the activities of the public administration according to international legal acts such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Social Charter, etc. are considered. 

It was established that further consideration of the international regulatory and legal consolidation of the powers of public associations is important for the development of national relations of control public security activities. The national regulatory and legal basis for regulating the powers of representatives of civil society in the security and defense sector of Ukraine, which are enshrined in the laws of Ukraine "On National Security of Ukraine", "On Public Associations", National Security Strategy of Ukraine, and State Administration Reform Strategy of Ukraine for 2022- 2025 years, etc. 

It was established that the subjects of public control over the activities of the public administration in the field of national security have insufficient powers. It is proposed to maintain the draft Law of Ukraine "On the Legal and Organizational Basis of Public Control and Public Dialogue in Ukraine" and make appropriate additions to the principles of public control over the activities of public administration in the field of national security and defense. A scientific interpretation of domestic standards of civil control over public administration regarding ensuring the national security of Ukraine is offered.