The Harmony between Ukrainian and European Values

In recent decades, the concept of security has occupied a special place concerning life processes and various spheres of the economy of the countries of the world. This issue has become extremely acute in the current conditions of Ukraine’s development. In this regard, the problematic issue of ensuring national security, the development of a systemic State policy for the protection of national interests, national strategies and appropriate mechanisms for their implementation is extremely relevant. Along with this, it should be noted that an important role in the formation of an efficient system for ensuring national security is played by the timely development and enactment of fundamentally new conceptual and regulatory documents. The conception of the State policy for ensuring national security in Ukraine should be comprehensive, take into account both the impact and possible negative consequences of exogenous threats and hazards, contain strategic measures to determent or eliminate them, handle risks and protect critical infrastructure facilities. The implementation of this conceptual document will create conditions and the aptitude to flexibly respond to real and potential threats to the national security of the State, adapt to changes in the international security environment. With this in mind, the aim of the present study is to generalize and systematize the theoretical approaches to the definition of the concept of «national security»; clarification of the essence, content and structure of national security, taking into account the peculiarities of martial law in Ukraine and the conditions of the post-war period. As a result of the study, it is found that the concept of «national security» is identified with such definitions as State security, military security, national defense of the country, defense capability of the State, national interests, national values, State security, security of society. Using content analysis and system approach, the existing interpretations of the term «national security» are conditionally systematized according to such classification characteristics as: the ability to preserve territorial integrity; protection of State sovereignty; State security; security of society; security of citizens; protection of national interests and values; priority of the country’s development; integration of foreign and military policy; key element of the functioning of the State; hierarchical structure; system of interrelated elements; state of security of the country; category; development; quantitative and qualitative indicator; process; activities of the country. The article provides the authors’ approach to defining the category of «national security» as the level of protection of national interests and values of the State from real or potential threats that may arise due to armed conflicts, hostilities, cyberattacks, natural disasters, environmental and man-made disasters, demographic crisis. As a result of the study, it is proposed to consider national security from the standpoint of critical infrastructure protection, i. e.: 1) the ability and capability of a country to ensure the security, protection and stable development of the country’s critical infrastructure; 2) the state of the country, which will contribute to the creation of appropriate conditions for the stable and uninterrupted functioning of critical infrastructure facilities; 3) a high degree of security, at which safety, protection, resilience of critical infrastructure facilities to real and potential threats, hazards and risks, their flexible adaptation and adaptation to crisis situations are possible. The article builds a structural scheme of the main components of national security, which include State, legal, military, foreign policy, domestic politics, economic, financial, energy, food, public, social, demographic, personnel, information, cybernetic, environmental, technogenic security, security of the State border, security of society. The development of scientific research in the field of ensuring the national security of the country by analyzing publication activities using bibliometric analysis and VOSviewer software is considered, on the basis of which the features and determinants of the development of scientific research on the chosen topic are identified, and also new promising directions, in particular, regarding the development of a strategy for ensuring national security, taking into account the impact of various threats.

The aggressive policy of the Russian Federation against Ukraine, resulting in the annexation of the Crimea peninsula, further aggression in eastern Ukraine in certain areas of the Donetsk and Luhansk regions, and widescale invasion into Ukraine after 24.02.2022, has left no questions about the relevance of the field of national security and defense in Ukraine. In turn, Ukraine, as a legal democratic state, can implement measures for national security and defense only in accordance with legal procedures, which, in turn, highlights the research on the legal support of the activities of subjects of national security and defense in Ukraine. The aim of this research is to determine an exhaustive list of subjects that may be considered part of Ukraine's national security and defense. The research is based on the Constitution of Ukraine, Laws of Ukraine (including Constitutional Laws understood as laws whose existence is already foreseen by the content of the Constitution of Ukraine), and subordinate normative legal acts. This research primarily utilizes comparative-analytical and functional research methods. An exhaustive list of subjects of national security and defense in Ukraine is not specified in any legislative act, and the only normatively regulated list, similar to the subject of the research, is established only in the Law of Ukraine "On National Security of Ukraine" as a "security and defense sector," the definition of which is given in the form of a list of subjects whose functional activities are aimed at protecting Ukraine's national interests from threats. The national security interests include state sovereignty, territorial integrity, democratic constitutional order, economic and information security, human life and health, honor and dignity, inviolability and safety, rights and freedoms, restoration of territorial integrity within the internationally recognized state border of Ukraine, social development, primarily the development of human capital, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens; European and Euro-Atlantic integration. Thus, the significant number of the aforementioned national security interests does not allow considering the list of subjects in the security and defense sector as exhaustive, and consequently, there is a need for a more detailed study of this issue.

The issues of borders and national foundations of state formation are of great importance in Ukraine. Ukraine is developing within the existing borders on the basis of use by the Ukrainian nation of its inalienable right for self-determination, provides the safeguard and protection of the national statehood of the Ukrainian people, and takes the lead on its territory. The inviolability of the territory of Ukraine within the existing borders implies the inviolability of these borders.
 The aim of this article is to characterize the safeguard and protection of the state border of Ukraine as a component of ensuring of the national security of Ukraine.
 The safeguard and protection of the state border are one of the important types of state activity.
 They are of particular relevance and importance in modern conditions after the events of 2014 and subsequent years. Earlier, the issue was the safeguard of the state border of Ukraine within the framework of law enforcement activities, but today, the issues of safeguard and reliable protection of the state border, ensuring the security of the state border and cross-border security of Ukraine are considered as important components of the country’s security and defence.
 In the scientific literature the content of governance in this area being considered differently. In particular, as a separate subsystem of public administration in the administrative and political sphere at the level with the management of state or military security and defence, components of national or internal security of Ukraine, etc. There is no single point of view on this matter in the theory of administrative law.
 Based on the analysis of the current legislation of Ukraine, the content of the concepts of national and border security of Ukraine, scientific views, available in the theory of administrative law, the author concluded that the safeguard and protection of the state border ensure the safety of the state border of Ukraine and cross-border security of Ukraine. Cross-border security, in its turn, is an element (separate subsystem) of Ukraine's national security.
 Security of the state border – is protection of its inviolability and, accordingly, stability of its passing, designation, order of supply, crossing, maintenance, etc. Any violations of the state border regime must be decisively suppressed. Cross-border security – is a component of national security of Ukraine and provides security of the state border, protection of state sovereignty and territorial integrity of Ukraine within existing borders, other vital national interests of Ukraine from external and internal threats in the field of border activity (at the state border and cross-border space).

The article examines the issues of implementation of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Criminalization of Collaboration Activities" No. 2108-IX dated 03.03.2022 in the context of ensuring the State security of Ukraine. The author analyses the elements of the crime under Article 1111. The author provides the features which distinguish this crime from other criminal offences. The author suggests approaches to improving the legal acts in the field of state security and criminal law through the use of successful legal and commonly used terms. The author considers the criteria which could serve as a basis for the creation and improvement of legislation in general and criminal law in particular. It is emphasized that since 2014, the issue of bringing to justice before the State and the people of Ukraine therefore citizens of Ukraine who actively cooperate with the aggressor country and whose actions are not covered by the crime under Article 111 of the Criminal Code of Ukraine "High Treason" has become very relevant in Ukraine. It is noted that, according to this Law of Ukraine "On National Security of Ukraine", state security is defined as the protection of state sovereignty, territorial integrity and democratic constitutional order and other vital national interests from real and potential non-military threats. It is emphasized that the key terms of the definition of state security are "security" and "non-military threats". It is argued that these categories indicate the priority of the legal plane of state security protection through legislative regulation of social processes which are potentially and actually dangerous for state and national security.

СИТУАЦІЙНІ ЦЕНТРИ ДЕРЖАВНИХ ОРГАНІВ ЯК СКЛАДОВА МЕХАНІЗМУ ПРИВЕДЕННЯ У ВИЩІ СТУПЕНІ БОЙОВОЇ ГОТОВНОСТІ ЧАСТИН І ПІДРОЗДІЛІВ СИЛ ОБОРОНИ

The article emphasizes that in the conditions of modern globalization, in order to ensure sustainable development of the national state, the exclusive ability to ensure national security must be preserved. It was stated that the slightest loss of even a part of the sovereignty is contrary to the national interest and poses a threat to the national security of the state.A number of works devoted to the conceptual, organizational, legal and institutional principles of development and implementation of the state national security policy, its origins and problems of implementation in the modern practice of state management are analyzed. It is stated that the political assessment of the effectiveness of measures to ensure national security depends on the conciseness, clarity and balance (logical conditionality) of the basic security law.It is concluded that the unity of national interests, national goals and national ideas is the basis for the formation and construction of national security policy of Ukraine, the system of national and state security, as well as the subject of further research in security administration technologies. It was emphasized that Ukraine, as an ethnic entity to ensure national security, with common national interests, national goals and national idea should have formed a stable political system, which, in turn, should ensure the formation of governing bodies of society and the state and decision-making bodies that are responsible for the issues of national and state security.It is emphasized that only within the ratio of the categories “ethnic entity of national security” and “state security” “protection of state sovereignty, territorial integrity and democratic constitutional order and other vital national interests from real and potential threats of non-military nature.” Finds its manifestation.

SYSTEMIC PRINCIPLES OF NATIONAL SECURITY OF UKRAINE

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.

The general articulation of the issue and its connection with the important research and practice tasks. Given the prolonged hybrid confrontation in the east of Ukraine and the annexation of Crimea, our state needs to form a nationwide course of action and implement a set of measures to adequately counter terrorism, as one of the major threats to national security that must be realized through the formulation of the state antiterrorist policy. The analysis of the recent publications regarding the issues this article deals with; identification of parts of the general problem that have not been previously addressed. Modern researchers are actively analyzing the problems of counteracting various forms of terrorism and suggesting ways to solve them. At the same time, comprehensive and coordinated studies of procedures, instruments of counter-terrorism are still lacking, and the definition of the state antiterrorist policy as a component of Ukraine’s national security has not been formulated. The purpose (the objective) of this article is to define the notion of the state antiterrorist policy as an integral component of national security. The key results and the background. It is proved that the state antiterrorist policy is an integral part of national security policy, whose main function is focused on protecting the main interests of the nation and outlining the course of management’s actions to identify the main strategies related to present and future terrorist threats, as well as opportunities for their elimination and minimization. consequences of terrorist manifestations. The goals of the state antiterrorist policy have been identified and its implementation in Ukraine envisages the implementation of a range of measures at several levels. It is determined that the state antiterrorist policy is a course of action chosen by the authorities of Ukraine on the protection of state sovereignty, territorial integrity, democratic constitutional order and other national interests of Ukraine, directly aimed at preventing, detecting, stopping and minimizing the consequences of terrorist activity. Conclusions and the prospects of the further research. Therefore, the state antiterrorist policy is an integral part of national security, and its effectiveness depends on a clear definition of the limits of the functioning of each individual element: political, legal, informational, organizational, motivational and financial-economic, the analysis of which will be devoted to further scientific research of the author.

The introduction of legislative regulation in the sphere of strengthening Ukrainian national and civic identity determines the topicality of scholarly research into the political, state and legal aspects of Ukrainian national identity. Thus, to fulfill one of the main tasks of Ukraine’s state policy in this area of eliminating the influence of the aggressor state in informational, educational, and cultural spheres of Ukraine, it is necessary to investigate the influence of Russian legal culture on the formation of contemporary Ukrainian national identity, which is grounded on the European values such as rule of law and respect for human dignity and human rights and freedoms. The results of the research demonstrate that the historical experience of over three-hundred years of Ukrainian ethnic territories being governed by the Tsardom of Moscow, the Russian Empire and the Soviet Union have had negative effects on development of Ukrainian national legal culture. Especially legal nihilism has been crystallized in Ukrainian legal mentality, which is still manifested in the content of higher legal education and legal training of public officials (e. g., military servicemen of the Armed Forces of Ukraine, National Guard of Ukraine, State Border Guard Service of Ukraine, Security Service of Ukraine etc.), and legal practice. It is concluded that preserving state independence, restoring state sovereignty and territorial integrity of Ukraine within internationally recognized borders requires eliminating the influence of the legal culture of Russian statehood in various forms on the national legal system of Ukraine. To this end, it is suggested to implement measures to increase the overall level of legal culture of contemporary Ukrainian society (e. g., identify the remnants of Russian genesis in societal legal consciousness, professional legal consciousness of lawyers and competent legal consciousness of public officials and replace them by means of legal education with European values, which lay in foundations of Ukraine’s legal order, improve efficiency of human rights’ protection).

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.

The article analyzes the role of Ukrainian Studies in Ukraine's national security and the exposing of Russian fakes. It has been found that the Russo-Ukrainian War has become a huge challenge for Ukraine and Ukrainians, as it is being waged not only by military (conventional) means but also through information warfare and propaganda. It is revealed that Russian aggressors (Rashists) are attempting to defeat Ukrainian citizens not only on the battlefield but also in the information space, promoting a "Rashist" worldview and convincing Ukrainians of their inferiority. They also impose Putin’s ideology of the "Russian World" and imperial myths about the "single people," "blood brothers – Russians and Ukrainians," and similar narratives on the Ukrainian nation, thereby attempting to restore the USSR 2.0 in the format of "Great Historical Russia." It is shown that Russian myths are utilized as a powerful tool of hybrid warfare to falsify historical events, create false ideas about socio-political reality, and form a false social reality for the objects of information influence. As a result of these systemic actions, Ukraine's national security faces the threat of significant weakening. It is emphasized that Ukrainian Studies, as an interdisciplinary integrative science and an independent educational discipline, possesses great potential and real opportunities to actualize the intellectual achievements of Ukraine’s humanitarian elite to strengthen national security, reinforce national identity, and refute the propaganda myths and fakes of the Russian aggressors (Rashists). It is demonstrated that an important component of strengthening Ukraine's national security and national identity, and refuting Russian myths, is the creation of an appropriate legal framework that will enhance legal support for countering Russian propaganda narratives. It is established that Ukrainian Studies in the 20th and early 21st centuries contributes to the strengthening of Ukrainian national identity in Ukraine as a vital part of national security, thereby actualizing Ukrainian ethnic formation, state formation, nation formation, and ethno-cultural formation. It is concluded that Ukrainian Studies can become the national and worldview ideology of the Ukrainian Independent United State.

The article reveals the theoretical and methodological foundations of vocational education of future specialists in the context of combining public and state (national) and European values. The factors that influence the effectiveness of professional education of future specialists are determined. It is argued that professional and value-based education is a consistent, dialectical movement of applicants for professional, vocational higher and higher education towards the goal voluntarily accepted by them, and the result of this movement is the acquisition by the future specialist of a system of national and European values and ideals, the expansion of his spiritual needs and interests, socially valuable motives, enrichment of the emotional sphere, moral and aesthetic feelings, the ability to empathize, mastering applied professional skills, habits, experience, self-reflection. The system of public and state (national) values is distinguished: unity, dignity, identity, freedom and European values, of which there are more than fifteen according to the documents of the European Union, among which the fundamental ones are: freedom, responsibility, democracy, law, etc. The article substantiates the content, forms and innovative methods of educating future specialists in social, state and European values.

Keywords: national security, national values, national interests, national goals, intellectualproperty Theoretical aspects of national security, the interconnection of values, interestsand goals of the individual, society and the state, their influence on the formation ofnational values, interests and goals in order to develop a state policy on national securityand defense of Ukraine are considered. The need to take into account intellectualproperty issues in these processes has been investigated. The importance of furtherresearch on developing a unified approach to improving the intellectual propertyprotection system and defining it as an integral part of the national security and defenseof Ukraine is outlined.National security theory is built around a framework that is shaped by the socalledtriad: national values — national interests — national goals. National securityis based on national interests established on national values.Therefore, national values, interests and goals are the stumbling blocks in the developmentof guidelines for national security (laws, concepts, doctrines, strategies,programs, etc.). At the same time, national values and interests play a key role. Intellectual property issues are at the intersection of a set of core values, interestsand goals of the individual, society and state.Intellectual security nowadays is a leading component in the national security systembecause, on the one hand, it is connected with the growing role of intellectuallabor, protection of intellectual potential from destruction, and on the other hand –guarantees the security of human intellectual development, protects knowledge asthe most valuable intellectual resource and its the media is the person who createsthe intellectual products. Intellectual security of Ukraine guaranteeing implies makingadequate management decisions and taking consistent, well-structured organizationalmeasures.The threat to national interests and national security of Ukraine in the defensesphere are also intellectual property problems that arise in the development ofweapons and military equipment and in cooperation with foreign defense industrycompanies (investments, joint production, procurement of technology, etc.).Ineffective state policy in the field of intellectual property protection (or lack thereof)has a negative impact on national security. Under these conditions, developing ascience-based public policy on intellectual property protection is now an importanttask. Such state policy should consider intellectual property taking into account notonly economic and scientific and technical indicators, but also threats to the nationalsecurity of Ukraine.

The purpose of the article is to determine the ways of improving the nationwide system of preventing and combating crimes encroaching on territorial integrity and constitutional system, national security. Methodology. The methodological basis of the article is the dialectical approach to the analysis of legal phenomena in Ukraine. The author of the work has used the method of formal logic: analysis, synthesis, induction, deduction, analogy, abstraction, as well as statistical, system and structural, system and functional methods. The scientific novelty of the article is to consider the reasons for the ineffectiveness of the system of combating crimes against state sovereignty and territorial integrity of Ukraine. The current model of political activity is incapable to produce grounded and effective concepts of ensuring national security, in particular, in stabilizing the political situation in the country, combating separatism, resolving inter-religious and ethnic conflicts. The author has emphasized on the necessity to change the principles of the formation of the system of state agencies for ensuring national security, as well as to change the principles of selecting personnel to the leading positions of the subjects of special prevention of crimes in the mentioned sphere. It has been noted that the state of national security of Ukraine, its sovereignty and territorial integrity should be determined by the realization of the idea of national unity, blocking of separatist tendencies in certain regions, development of integration processes in the country.On the basiс of the conducted analysis, the author has offered the following understanding of combating crimes encroaching on territorial integrity and constitutional system, national security of Ukraine. Conclusions. Combating to the mentioned crimes according to the temporal characteristic is a continuous process, within which both social and special criminological measures are carried out simultaneously and at the same time, and which are aimed at neutralizing criminogenically determinative factors and directly at preventing and solving crimes. They ultimately are aimed at correcting criminogenic and quantitatively-qualitatevely minimization of criminal situation (on a district, regional or country level) and reducing the total physical, moral and material damage caused by crimes encroaching on the territorial integrity and constitutional system, national security of Ukraine.