PROBLEMS OF THE FUNCTIONING OF THE PUBLIC ADMINISTRATION MECHANISM IN THE SPHERE OF ENSURING CIVILIAN CONTROL OVER THE SECURITY AND DEFENSE SECTOR IN UKRAINE IN THE CONDITIONS OF MARTIAL LAW AND POST-WAR RECOVERY
DOI:
https://doi.org/10.31470/2786-6246-2023-6-35-48Keywords:
public administration, democratic control, civilian control, security and defense sector, national security, civil society, public consciousness, President of Ukraine, Cabinet of Ministers of Ukraine, Verkhovna Rada of UkraineAbstract
The article analyzes the problems of the functioning of the public administration mechanism in the sphere of ensuring civilian control over the security and defense sector in Ukraine in the conditions of martial law and post-war reconstruction.
It is noted that the administrative and legal support for reforming the security and defense sector is achieved through the use of various means of direct influence of legal prescriptions on social relations in the sphere of security and defense. Means of administrative and legal regulation are those methods by which administrative influence is exerted on the activities of legal entities engaged in the process of reforming the security and defense sector. Such subjects are the President of Ukraine, the Cabinet of Ministers of Ukraine, relevant ministries and state services and their regulatory and legal activities on reforming the security and defense sector. The main methods of administrative and legal support are prescriptions, permits, prohibitions and obligations. Precepts consist in the orders of the entity managing the object of the security and defense sector to perform certain actions in order to achieve the set tasks of reforming the element of the security and defense sector, or a certain part (sphere) of it, for example, the order of the Ministry of Internal Affairs of Ukraine on the creation of units within the National Police of juvenile prevention and approval of the Instructions on the organization of work, tasks and powers of juvenile prevention units of the National Police.
The article substantiates the expediency of introducing the Expert Committee of the Verkhovna Rada of Ukraine on the Security and Defense Sector, formed of seven civilian experts-representatives of non-governmental public organizations (analytical centers, volunteer, veteran, advocacy organizations) who possess relevant competencies in the security and defense sector and have access to information that constitutes a state secret for the purpose of performing an advisory and independent supervisory function. The term of office for three years will ensure the rotation of committee members, consistency of activity and independence from the tenure of the Verkhovna Rada of Ukraine. Members of the Expert Committee on Defense and Security Sector Issues must have the right to attend meetings of the Verkhovna Rada of Ukraine and committees, hearings, express expert opinions, visit units of the Armed Forces and other military formations, security and defense sector bodies. The article offers further discussion, in particular: the selection procedure, terms and criteria for obtaining admission. The formation of such a committee is possible in the medium term.
The authors stated that there is a need to create the National Bureau of Financial Security of Ukraine (Financial Investigation Service as a special law enforcement body in the field of financial security).
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