State Border Protection as a Component of the Security and Defense Sector and an Object of Administrative and Legal Regulation
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.
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