ОСОБЛИВОСТІ ВИЗНАЧЕННЯ ПРАВОВОГО СТАТУСУ РАДИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ І ОБОРОНИ УКРАЇНИ ЯК СУБ’ЄКТА ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ

Abstract

The Goal. The goal of the article is to determine the features of the legal status of the Council as a subject of public administration and to formulate ways to optimize, harmonize and bring into line with the legal realities of the regulatory and legal support of its functioning. Methods. The article uses general and special-scientific methodology of legal research, including systemic, systemic-structural, comparative-legal, analysis and synthesis, deduction and induction and other methods of scientific cognition. Results. Section 1 of the article outlines the key features of the legal status of the National Security and Defense Council of Ukraine, which distinguish it from other subjects of public administration that carry out public administration of the field of nature management. Section 2 of the article outlines the debatable issues of the competence of the National Security and Defense Council of Ukraine, in particular, it highlights the inconsistency of the decisions taken by it and the powers granted to them by the current legislation and the essence of the concept of "national security", which is decisive in establishing its subject jurisdiction. Section 3 pays attention to determining the appropriateness of vesting the National Security and Defense Council of Ukraine with control powers, an analysis of legislative provisions on coordination bodies established under public authorities was carried out, and it was concluded that the powers belonging to it contradict the essence, goals, instruments of activity, etc. of coordination (consulting, advisory) bodies. Conclusions. The conclusions, which constitute Section 5 of the article, summarize that the National Security and Defense Council of Ukraine is a specific subject of public administration, which is entrusted with a number of powers that differ in their essence and purpose and contribute to improving and ensuring proper public administration in particular in the field of nature management. It is noted that there are numerous flaws in the current legislation, which serves as the foundation for its operations, due to which the legality of its decisions raises reasonable doubts. It is suggested to implement a number of actions to address the issues and gaps in the legislative framework governing the operations of the National Security and Defense Council of Ukraine and the practice of its activities, including the need to clearly define and clarify its legal status, harmonize the provisions of normative legal acts among themselves, conduct outreach and training of employees of the National Security and Defense Council of Ukraine, etc. considering the practical comprehension and application of legal standards in terms of the definition of the national security term and its competence. The aforementioned calls for the continuation of scientific research on institutional support for public administration in the field of nature management, including questions of legal foundations and the status of public administration entities active in this field.