State Border Protection as a Component of the Security and Defense Sector and an Object of Administrative and Legal Regulation
Abstract
A comprehensive study of the protection of the state border as one of the main tasks of the security and defense sector and as an object of administrative and legal regulation has been carried out. The concept of “security and defense sector” has been formulated. The analysis of legal relations related to the protection of the state border in the system of the security and defense sector has been carried out, in particular, the legal relations in the field of state border protection, which are regulated by the norms of administrative law, have been defined and characterized. The author has analyzed the legislation of Ukraine in the field of state border protection, in particular the Laws of Ukraine “On National Security of Ukraine”, “On the State Border of Ukraine”, “On the State Border Guard Service of Ukraine”, the Code of Ukraine on Administrative Offenses, the Concept on Security and Defense Sector’s Development, Regulations on Administration of the State Border Guard Service of Ukraine and Regulations on the agency of protecting the state border of the State Border Guard Service of Ukraine, etc. The control and supervisory activity in the field of state border protection, the issues of administrative jurisdiction of the subjects of administrative and legal relations and interaction and coordination in the field of state border protection have been studied. The study of legal relations related to the protection of the state border in the system of the security and defense sector within administrative and legal field, allowed to separate the control, jurisdictional and coordination powers of the subjects of administrative and legal relations. The author has provided characteristics of those powers and has emphasized on the subjects of administrative and legal relations endowed with them. As a result of the analysis of the specified powers it has been established that the legal regulation of coordination relations in the field of protection of the state border of Ukraine needs further improvement.
Downloads
References
Sahaniuk F., Romanov I., Trotsko V. and Veshchytskyi I., 2008. Security sector of Ukraine: aspects of transformation [Sektor bezpeky Ukrainy: aspekty transformatsii]. Polìtičnij menedžment – Political Management, No. 3, pp. 141-156
Sahaniuk F.V., Frolov V.S., Pavlenko V.I. et al., 2018. Sector of security and defense of Ukraine: strategic leadership and military management [Sektor bezpeky i oborony Ukrainy: stratehichne kerivnytstvo ta viiskove upravlinnia]. Kyiv: TsZ MO ta HSh ZS Ukrainy. (Ed.: Rusnak I.S.).
Halunko V., Dzhafarova O., Dikhtiievskyi P. et al., 2018. Administrative law of Ukraine. Full course [Administratyvne pravo Ukrainy. Povnyi kurs]. Kherson: OLDI-PLIUS.
Korol M.O., 2010. The concept of coordination in the protection of the state border of Ukraine [Poniattia koordynatsii v okhoroni derzhavnoho kordonu Ukrainy]. Unìversitetsʹkì naukovì zapiski (Hmelʹnicʹkij unìversitet upravlìnnâ ta prava) – University Scientific Notes, Kmelnytskyi, No. 4, pp. 163-167.
Zolka V.L., 2013. Characteristics of coordination legal relations in the field of state border protection [Kharakterystyka koordynatsiinykh pravovidnosyn u sferi okhorony derzhavnoho kordonu]. Forum prava – Forum of Law, [online] No. 1, pp. 346-354. Available at http://nbuv.gov.ua/j-pdf/FP_index.htm_2013_1_61.pdf [Accessed 20 September 2020].
Copyright (c) 2020 O. V. Trofymenko
This work is licensed under a Creative Commons Attribution 4.0 International License.
