МІСЦЕ РАДИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ Й ОБОРОНИ УКРАЇНИ В СИСТЕМІ ДЕРЖАВНОГО УПРАВЛІННЯ НАЦІОНАЛЬНОЮ БЕЗПЕКОЮ УКРАЇНИ

Abstract

The article examines the issue of the general structure of the national security management of Ukraine. Various approaches of scientists to the issue of the system of ensuring national security and the normative consolidation of basic concepts in the field of security are analyzed. Attention is focused on its structural elements and compliance of the National Security and Defense Council of Ukraine with the features of the subject of the specified system. Also, with reference to the current legislation of Ukraine, the place of the Council in the system of state management bodies of the national security system of Ukraine is substantiated. Particular attention is paid to the constitutional appointment and its functions, the authority to make decisions on the application of personal restrictive measures (sanctions) and the grounds for such application. It was found that the powers of the Council regarding the selection of types of sanctions are not limited, as the law does not establish an exhaustive list of their types. Attention was drawn to the fact that the implemented decision of the Council on the application of sanctions gives rise to the emergence of special legal relations in the sphere of public administration by the national security system involving subjects of power and subjects of private law, within public-law disputes often arise. The legal status of state bodies and their place in the state administration system, similar to the National Security and Defense Council of Ukraine, was also studied on the example of foreign countries, namely the United States of America, the Republic of France, the Federal Republic of Germany and the Republic of Poland. The need to improve the legal status of the National Security and Defense Council of Ukraine in terms of its performance of tasks that arise in the process of the need to apply sanctions to the relevant legal entities has been proven. Ways to improve the activity are proposed, which will help to improve its functioning and reduce the number of public legal disputes, in particular, regarding the appeal of the applied sanctions.