MILITARY WOMAN IN CHINESE AND UKRAINIAN ELECTRONIC MEDIA: TRENDS AND TENDENCIES

It is considered the formation of an economic-legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine and it is substantiated that this mechanism is a complex system in a broad sense, where there is a combination of integrated innovative activity of the state scientific and production structures of the Ministry of Defense of Ukraine with the Ukrainian National Office of Intellectual Property and Innovations in the direction of protection of intellectual property rights, and also it has a basis of innovativeness (innovative-intellectual activity) taking into account the relevant principles and priorities. The effectiveness of the mechanism in the conditions of creating an innovative and intellectual environment in the field of defense with the cycle «science – technics – technology – production – defense» is determined as a targeted combination of highly qualified leading specialists and scientists in the appropriate organizational-functional and technical-technological production structure, which is aimed at innovative-intellectual activity and technical-technological entrepreneurship, where the economic component is taken into account – receiving remuneration during the commercialization of intellectual property rights objects in the form of profit, royalties, combined payment, which are intended to stimulate the subjects of right to protect intellectual property rights. Attention is focused on the activities of subjects that have violated intellectual property rights in the aspect of the directions of violations. These directions allow us to look for effective ways of countering such activities in the field of national security and defense of Ukraine. It is noted that the formation of an economic and legal mechanism for the protection of intellectual property rights in the sphere of national security and defense of Ukraine will contribute to effective countermeasures against violations of property rights of intellectual property in this important field of activity. Important criteria for the effectiveness of the protection of intellectual property rights are outlined, which are: the level of professionalism and personal responsibility of judges, the level of creative thinking and creativity of judges, the level of court independence, the level of software, organizational, personnel, legal and information support of the court apparatus. Arguably, the lack of appropriate legislative regulation and experience in the commercialization of military and defense technologies and equipment using IPPR is pointed out in Ukraine, creates opportunities for violations of property rights of intellectual property, which lead not only to the lack of effective protection of the rights of IPPR subjects, but also affect on the defense capability of the state. The economic and legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine is presented, which requires coordination of the efforts of all subjects authorized to protect and protect intellectual property. It is noted that the development of the sphere of intellectual property has a decisive influence on the state of national security, which is linked to organizational measures to neutralize internal sources of threats and protect against external threats to national security.

Keywords: state policy, national security, intellectual property Legislative acts that form the state policy in the field of national security and defense of Ukraine regarding the protection of intellectual property are considered. The state of realization of the defined questions at development of armament and military equipment is investigated. It is determined that the effective implementation of the state national security policy is impossiblewithout a comprehensive analysis of the impact of intellectual property issues on the sphere of national security and defense of Ukraine. The importance of improving the system of intellectual property protection in the development of armaments and military equipment is noted.Ensuring Ukraine’s defense capability largely depends on equipping the Armed Forces of Ukraine with modern types and models of armaments and military equipment that is developed based on intellectual property rights. The required level of defense capability of the state is achieved through the formation and implementation of defense and industrial policy, the purpose of which is the development and production of weapons and military equipment and equipping the Armed Forces of Ukraine.It is the military-technical sphere where the objects of intellectual property rights belonging to the sphere of national security and defense are created, and the state is obliged to ensure their protection.Ukraine began to form a state policy on national security and defense from the first days of the independence.The legislation of Ukraine on national security and defense determines the need to use scientific and technical achievements and the introduction of new technologies to increase the state's defense capabilities. However, the provisions on intellectual property issues in all regulations are purely declarative by nature without defining specific tasks to eliminate possible threats and address issues.This is especially true of the use of intellectual property in the field of national security and defense.An important component of the mechanism for formulating state policy in the field of national security and defense should be the organization and comprehensive protection of intellectual property, especially in the development of armaments and military equipment.

The article is devoted to the study of legal principles that operate in the conditions of the implementation of measures for the national security and defense of Ukraine, both in the conditions of the normal functioning of the legal system of Ukraine, and in the normal conditions of the functioning of this system. The relevance and importance of this article is determined by the threats and challenges faced by the democratic constitutional system in Ukraine after the introduction of the legal regime of martial law, as the highest form of restriction of the rights and freedoms of a person and a citizen. After the start of the full-scale invasion of the Russian Federation, Ukraine faced challenges that no country in the civilized world had ever faced before. These challenges entailed inevitable changes in the life processes of society, which at the time of the events of 02/24/2022 had already sufficiently experienced the Russian aggression in certain areas of the Donetsk and Luhansk regions, Russia's annexation of the Crimean Peninsula, and the epidemic of the CoVID-19 viral disease. In turn, these changes pose new challenges to lawmakers at all levels regarding the creation of effective legal mechanisms aimed at implementing measures for the national security and defense of Ukraine. The development of any branch of legislation begins with an awareness of the legal nature of relations subject to legal regulation. This legal nature is usually enshrined in legal principles, which, in addition to the function of a «legal guide» for rulemaking and law enforcement, perform both a regulatory function (in terms of eliminating conflicts) and an ideological function (in terms of establishing the direction of legislation), international (which allows for differences in legal procedures and even in the presence of different legal systems to find points of contact with other states with a democratic constitutional system and legal principles similar to ours), civilizational (which is similar in many ways to the international function, but primarily aimed at moral values, which are embedded in these legal principles and which allow Ukraine to be attributed to a certain civilization) function. This article examines both the Constitutional principles that are inherent exclusively to the field of national security and defense of Ukraine, and the principles that are enshrined in other acts of legislation that exist in their unbroken connection with the norms of the Constitution of Ukraine and regulate the subject of legal relations that arise in the field of national security and defense of Ukraine. In addition, the general legal principles, which, together with other branches of law, also regulate the national security and defense of Ukraine, were analyzed and interpreted. change the scope of their legal regulation. The article analyzes and provides a scientific basis for special principles that operate exclusively in the conditions of a special period of functioning of the national security system of Ukraine, as well as general principles inherent in this field, which function regardless of the introduction of a special period on the territory of Ukraine. In addition, scientific sources were analyzed in which certain aspects of this article were studied, as a result of which the principles of national security and defense of Ukraine were systematized into a single whole, after which a terminology was proposed to define the principles that exist in national legislation, but which are currently neglected scientific community. Keywords: national security of Ukraine, defense of Ukraine, Constitution of Ukraine, legal principles, legal regime of martial law, legal restrictions.

Introduction. Law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense must have an appropriate organizational and legal framework for carrying out their activities. This involves two separate important directions of optimization of the current process of administrative and legal regulation of their activities, which is collectively objectified by the need to review scientific and normative discourses regarding the place and role of law enforcement agencies in the mechanism of ensuring national security of Ukraine. The purpose of the paper is to analyze the strategic directions of improving the administrative and legal regulation of the activities of law enforcement agencies as subjects of the formation and implementation of state policy in the field of national security and defense. Results. Since law enforcement agencies in the researched area are generally divided into those that are independent or structural within the representative body - the Ministry of Internal Affairs of Ukraine, we believe that the formation of a separate independent authority in the proposed context is generally inappropriate, as well as the granting of such powers to already existing ones. Conclusions. Law enforcement agencies should be provided with the ability to effectively influence various aspects of the country's security from the position of functional unity, which will allow them to strategically and functionally solve issues of national security and defense of Ukraine. We have proposed an author's variation of improving the administrative and legal regulation of the activities of law enforcement agencies as subjects of the formation and implementation of state policy in the field of national security and defense with emphasis on the need to create a specialized state entity - the Center for Coordination and Interaction of Law Enforcement Activities under the National Security and Defense Council of Ukraine, which will represent the institute of law enforcement activities in Ukraine.

The author of the article substantiates the relevance and timeliness of the systematization of the subjects of national security and defense of Ukraine.
 On the basis of generalization and analysis of the current legislation in the field of national security and defense, the author has defined the system of subjects of national security and defense of Ukraine as follows:
 1) management subsystem (the President of Ukraine);
 2) controlled subsystem: security forces – law enforcement and intelligence agencies, state agencies of special purpose with law enforcement functions, civil defence forces and other agencies; Defense Forces – the Armed Forces of Ukraine, as well as other military formations, law enforcement and intelligence agencies, special purpose agencies with law enforcement functions formed in accordance with the laws of Ukraine; defense-industrial complex; citizens and public associations;
 3) auxiliary parts of the system (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, judicial agencies, international institutions).
 It has been offered to amend Part 1 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, supplementing the four interconnected components of the security and defense sector with a fifth one – leadership in the field of national security and defense. At the end of the list contained in Part 2 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, we consider it necessary to add the phrase “and other authorized agencies”, since the existing list of agencies that are part of the security and defense sector is not exhaustive. The main subjects of national security and defense of Ukraine have been characterized.

Today's realities place strict demands on society and public authorities to increase the efficiency of state management in the field of national security and defense. One of the ways to improve the quality of management decisions is to involve in the system of public administration additional special organizational and technical complexes - situational centers. Before starting any work, it is advisable to study the experience of leading countries and national developments in this area. The article considers the national experience (in the period from 1962 to the present) on the creation of situational centers (crisis centers, information and analytical centers) and systems of scientific and mathematical support of their activities for the needs of individual enterprises, state executive bodies, legislature, and namely: the automated control system of the enterprise "Lviv", the system of operational display of flights of space objects "Rytm-2", creation of a situation room for the Ministry of Justice of the USSR, the situational center in the operational headquarters for the elimination of the consequences of the Chernobyl disaster, information management system for the eliminate the consequences of the earthquake in Armenia, the situation hall of the Verkhovna Rada of Ukraine (“Rada-1”, “Rada-2”, “Rada-3” systems), the situation center under the President of Ukraine, the situation center of the Ministry of Defense of Ukraine, the information-analytical (situational) center under the Cabinet Ministers of Ukraine, the Main Situational Center of Ukraine and the network of situational centers of central executive authorities. The list of the basic guiding documents of the state concerning construction of the corresponding situational centers, the basic executors of the carried-out works is covered. The main shortcomings in the creation of situational centers of the third class are formed, namely: elaboration of issues of forecasting the emergence of crisis situations and elaboration of options for action to prevent them are at an early stage; organizational-functional (organizational-staff) structures of situational centers are formed, as a rule, by an expert. Proposals for improving the construction of situational centers and the quality of management decisions in the field of national security and defense of Ukraine.

The article is devoted to the current problem of the effectiveness of law enforcement in the national security system under martial law and full-scale invasion. The author considers various aspects and activities of executive authorities in ensuring national security, emphasizing the importance of improving the quality and effectiveness of management activities. Particular attention is paid to the analysis of the concept of efficiency, its relationship with labor productivity, and its specificity in the context of management activities. The author emphasizes the need to achieve high efficiency based on a deep understanding of theory and consideration of practical management experience. The American approach to the problem of management efficiency, which is based on the key economic criterion of profit that determines the principles, forms and methods of optimizing capitalist management activities, is considered. At the same time, the conceptual and methodological diversity of existing approaches to the problem of management efficiency is noted. The article defines the criteria for the effectiveness of law enforcement in the context of national security, in particular, the quality system of management decisions, which includes the level of rationality of the decision made, the effectiveness of managing the process of its implementation, and the quality of feedback on the results of implementation. The stages of improving the quality of management decisions in the field of national security are proposed, which include the introduction of a quality assessment system, consolidation of results in regulations, assessment of changes in decisions by quantitative and qualitative indicators, revision of shortcomings, and implementation of a quality assessment system. Based on the analysis of the provisions of the Constitution of Ukraine and laws in the field of law enforcement, anti-terrorist activities and national security, ways to improve law enforcement activities in the field of national security are outlined. They include the development of new concepts, doctrines, legal acts, the creation of a modernized base for the application of new approaches, the organization of training resources and means, the localization of crisis situations, the implementation of planned and operational measures, monitoring of influencing factors and coordination of forces and means of ensuring national security. The author introduces the concept of “benchmarking of law enforcement” as a tool for optimizing processes in the field of national security by ensuring regulatory quality. Categorical approaches and the main common features of benchmarking in the activities of the executive authorities of Ukraine to ensure national security are identified, in particular, the identification of successful project implementation, identification of problems and process efficiency, and stimulation of positive experience. Key words: national security, law enforcement, management efficiency, quality of management decisions, executive authorities, benchmarking of law enforcement, national security system, martial law, optimization of management activities.

The article is devoted to exceptions from the scope of the Law of Ukraine «On Administrative Procedure» namely, to relations arising during the application of the legislation on national security and defense, that is, related to the adoption of individual decisions based on the results of consideration of a particular case in this area. The purpose of the scientific article is a general description of relations in the field of national security and defense and the allocation of specific varieties of individual decisions made according to rules different from the general administrative procedure. It is emphasized that the legislative definitions of both national security and defense are unclear, which in practice can lead to a biased expansion of the circle of legal relations, which will not be subject to the guarantees of the Law of Ukraine «On Administrative Procedure.» Analysis of legislation in the field of national security and defense, allowed the author to identify the types of individual decisions that can be taken in the area under consideration and that are not related to the subject of regulation of the NAP. These include acts aimed at: 1) improving the structure, clarifying the tasks and functions of the Armed Forces of Ukraine and other military formations, ensuring the necessary number of their personnel, as well as their development, training and maintenance at the proper level of combat capability, combat and mobilization readiness for the defense of the state, planning their use; 2) protection of the state border; 3) implementation of certain measures of the legal regime of martial law; 4) attribution of information to state secrets, classification, declassification of its material carriers and protection of state secrets; 5) the exercise by individual authorities in the field of national security. The adoption of all these decisions should be determined by the protection of important national interests. Relations that only indirectly relate to the sphere of national security and defense, but which are subject to the Law of Ukraine «On Administrative Procedure» include: those related to bringing a person to administrative responsibility, regardless of the object of misconduct and the case of social security of military personnel and their families. The article concludes that it is necessary to clearly define the boundaries of the sphere of national security and defense in order to prevent violations of the rights and legitimate interests of a person.

The article is devoted to the study of administrative and legal regulation of OSINT functioning in the field of national security. The article draws attention to the fact that the study of such a complex and important phenomenon as ensuring the functioning of OSINT in the field of national security is relevant for the domestic science of administrative law. Emphasis is placed on the fact that in modern scientific research there is a need to clarify the essence and content of the concepts of «administrative and legal regulation in the field of national security» and «administrative and legal regulation of ensuring the functioning of OSINT in the field of national security». The concepts of «administrative and legal regulation», «administrative and legal support», «administrative and legal regulation of ensuring the functioning of OSINT in the field of national security» are disclosed. It is suggested that under the administrative-legal regulation of ensuring the functioning of OSINT, we understand the system of administrative-legal means, methods, forms and methods regulated by the norms of administrative law that ensure the activity of special OSINT subjects in accordance with the needs of ensuring national security and eliminating threats and challenges. It has been found that the administrative and legal regulation of OSINT functioning is aimed at streamlining social relations in the sphere of OSINT functioning, creating a system of legal means, methods and methods and proper conditions for the activities of special subjects using OSINT with the help of administrative law norms. The administrative and legal regulation of ensuring the functioning of OSINT has certain properties: it is the activity of special entities that use OSINT; constitute a complex of means and measures, which are carried out with the aim of eliminating threats in the field of national security; is implemented by regulating the relevant sphere of social relations through the establishment of duties, prescriptions, permits and prohibitions

The article explores the development of methodological principles in the field of strategic planning and management and the development of planning documents in the field of national security, taking into account the peculiarities of the current stage of global development, the variability of the security environment. The purpose of this article is to identify problematic issues in the field of national security planning in Ukraine and ways to improve the process of development and implementation of the National Security Strategy, taking into account the best world practices. The research is based on the analysis of publications by domestic and foreign researchers in the field of strategic planning, appropriate legal acts of Ukraine, as well as the author's experience gained from her involving in development of draft strategic documents of the state. This article is focusing on solving the following scientific and practical problems: identification of the main trends in the development of methodological framework of strategic planning in the field of national security; identification of problems in the field of strategic planning in the field of national security of Ukraine; identification of scientifically substantiated ways to improve the process of strategic planning in the field of national security in Ukraine, taking into account the best international practices. The main research methods are empirical (in particular, observations, descriptions, comparisons) and general scientific (primarily, analysis, synthesis, generalization, explanation, historical and logical methods, etc.). The main results of the study are, in particular, the following: It is determined that in accordance to the best world practices the development of national security strategies take into account the principles of national resilience and the wide expert involvement in the process of preparation of such a document is recommended. The growing role of strategic management and the need to ensure national resilience characterize current trends in the development of methodological framework of strategic planning in the field of national security. It is emphasized that the very fact that the state has a national security strategy based on the scientific ground is not a guarantee of achieving certain goals and results in practice. Therefore, the process of implementation of such a document should be under constant control by the public authorities. The new cycle of planning has been starting after the adoption in 2020 of the new National Security Strategy of Ukraine. The analysis conducted by the author revealed a number of problematic issues, the solution of which requires, in particular, the amendment to the Law of Ukraine "On National Security of Ukraine" in terms of strategic planning. The fundamental differences and innovations of the current National Security Strategy of Ukraine in comparison with its previous editions are determined. It is emphasized that lessons from the experience of implementing strategic planning documents in the field of national security should be learned in Ukraine. It is determined that the low level of implementation of previous national security strategies of Ukraine was caused by the declarative nature of some of their norms, lack and formality of control over the implementation of such documents, lack of reporting procedures, indicators and criteria for evaluating the results, including for their compliance with certain objectives. The lack of attention to the analysis of the security situation in appropriate field, risk assessment, forecasting, threat identification and vulnerability detection are identified as some of the most significant problems during the preparation of strategic planning documents in the field of national security. Based on the results of the study, recommendations for the state authorities of Ukraine were prepared.

Among the scientific issues facing the Ukrainian legal community at the present stage, problems in the field of national security law is of particular relevance and practical importance. It is caused, first of all, by the need for systematic reform of the security and defense sector of Ukraine, which is aimed at ensuring the the constitutional order, sovereignty, territorial integrity of Ukraine in the conditions of armed aggression. Of course, researches in that sphere should not be limited by certain subject directions in the development and resolution of complex problems in particular of national security law. Since independence, there has been no systematic assessment of direct or indirect influence of the national security doctrine on legal regulation of the security sphere in Ukraine. As a result of ignoring the issue on identifying potential opponents of Ukraine and threats caused by them, government, while making security policy, was largely driven by subjective considerations, ignoring existing and potential threats to national security. As a result, it was impossible to properly assess the consequences of political decisions taken in the field of national security. The article studies the origin, content and political significance of national security doctrine for the formation of relevant legislation in the field of security and defense of Ukraine.

In recent decades, space, like land, sea, air and cyberspace, has become a platform for the confronting between powerful states, which has led to a change in the nature of action in the near-Earth space of a number of countries. The consequence of space activities was that the geographical location ceased to be dominant in international relations. Unfortunately, the national space activity has not become an effective tool for achieving the geopolitical goals of Ukraine, ensuring the fulfillment of tasks in the interests of national security and defense. In this regard, it is important to analyze current trends in the development of space activities in the world in the security sector, the results of which should be the basis for the introduction of best international experience in domestic practice. The article analyzes the directions of use of outer space, space products and services by leading countries in the interests of security and defense. The main trends of development of space activity are defined: globalization in connection with the increasing number of space states; expansion of partnership with simultaneous aspirations for autonomy in this sphere; emergence of inspection technologies for orbital means, etc. Space capabilities in the interests of national security and defense are considered, in particular the usage of military and civilian, intelligence and commercial space systems and infrastructure for supporting security strategies, achieving national goals and protecting public interests. Further directions of improvement of national space activity in the field of national security and defense of Ukraine are proposed, namely: improvement of its normative and legal support; clarification of the purpose, definition of the main tasks and priority directions of its improvement; formation of a management system; organization and development of interagency coordination, interaction and joint problem solving.

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.

The article examines the model of public administration in the field of national security that meets the requirements of martial law. The purpose of the study is to determine the format of the existing public administration in the national security sector, taking into account the challenges of the legal regime of martial law by solving such research tasks as outlining the essence of public administration in the field of national security; research of subjects endowed with administrative powers in the field of national security; determination of the directions of transformation of public administration in the specified area. The research methods are the method of analysis, the method of observation and study of documents, the method of comparison, the method of modeling, and logical methods. As a result of the conducted research, the expediency of Ukraine taking into account the directions of reforming managerial influence on public relations in the field of national security, which are recognized at the level of the European Union, is substantiated. As a condition for the implementation of the necessary changes in the regulation of the security sphere, it is separated from the sphere of defense and the introduction of appropriate changes to the Law of Ukraine "On National Security". The specifics of the institutional support of social relations in the field of national security are identified and the directions for the implementation of the proper doctrine of national security are outlined.

Forming and building up the personnel potential of the Armed Forces of Ukraine is one of the priorities of the state policy in the field of national security and defense of Ukraine. The core of the personnel potential of the Ukraine Armed Forces is officer personnel. Their training is carried out mainly in the military education system. The higher military educational institutions and military educational units of higher educational institutions are leading in this sphere. They are responsible for the implementation of the state order for the training of officers, where quality indicators are critically important.The problem of the quality of officer training has acquired particular relevance over the past few years. Its aggravation was due to a number of factors, including the inadequate level of readiness of officers to conduct combat operations in the area of the antiterrorist operation (ATO). However, the situation has improved significantly. At the same time, some actual problems that need to be solved remain.The main directions and ways of quality of officers’ training improvement, the formation of personnel potential in the system of higher military education include the following:- development of a new generation of educational and higher education standards, taking into account NATO standards;- the formation and development of professional, ideological, moral and military qualities of a citizen-patriot defender of the Fatherland among applicants for higher education;- deepening the integration of military education with combat and special training of troops, holding joint events with the involvement of instructors from NATO member states;- improving the quality of professional and psychological selection of candidates for training;- optimization of the content of education based on the introduction into the practice of teaching developed competent content modules;- improvement of the system of competitive selection of officers for the positions of pedagogical, scientific-pedagogical and scientific workers;- increasing the responsibility of higher military educational institutions, as the main subject of the military education system, for the quality of military specialists training and guaranteeing the required level of formation competencies.