Legislative support of national security

Abstract

Background. In modern conditions of Ukraine’s formation as an independent, democratic and sovereign state there is an urgent need to rethink approaches to national security of Ukraine and its support system. The task of reforming Ukraine requires from the Ukrainian people and leadership drastic action to define national interests, ways of achieving them and national security as part of the conditions of existence and development of Ukraine.
The aim of the article. On the basis of the research, given the current conditions in Ukraine and prospects of its development, to determine the direction of establishing the foundations of legal support of Ukraine’s national security by analyzing basic constitutional provisions in national security, critical analysis of the current Law of Ukraine «On Principles of National Security of Ukraine»and the presentation of the author’s vision of the concept of the Law of Ukraine «On National Security of Ukraine»as a base.
Materials and methods. The methodological base of the article is formal and logical method that made it possible to analyze certain aspects of the concept of «national security», which derives from various regulatory acts. Comparative and structural and logical methods were applied in the context of the study of origin of certain nuances of legal interpretation of national security. Sociological method was used taking into account the characteristics of social reality in the current development of the Ukrainian state.
Results. Imperfect legal support in the field of national security of Ukraine and the low efficiency of its use lead to its inadequate provision, make it impossible to fully realize national interests. Lack of key elements of «national security»definition in the Constitution of Ukraine and the inadequacies of the current Law of Ukraine «On Principles of National Security of Ukraine»to contemporary realities, real and potential threats and challenges require the development of the law «On National Security of Ukraine».
Conclusion. Extraordinary process of preparing a bill that should define the foundations of not only legal national security but its methodology as well requires involvement in its development of leading scientific institutions, including the Academy of Legal Sciences of Ukraine, the National Institute for Strategic Studies, Institute of Legislation of the Supreme Council of Ukraine, universities and representatives of civil society and independent experts.
The content of this bill should determine current definition of «national security»and its implementation system, the main characteristics of national security, sources of threats to national security, types and levels of hierarchy and development of documents of strategic planning of national security (concept, doctrine, strategy and other regulatory regulations), objects, subjects and agents of national security, determining and approving the indicative parameters of national security, control and responsibility for national security and so on.