Розвиток нормативно-правового забезпечення з реагування на кризові ситуації, що супроводжуються збройним протистоянням

Abstract

Здійснено аналіз нормативно-правового забезпечення сектору безпеки і оборони щодо реагування на кризові ситуації, що супроводжуються збройним протистоянням. Визначено головні нормативно-правові акти, що декларують питання врегулювання та припинення збройного протистояння на території України. Досліджено проблемні питання міжвідомчої взаємодії військових формувань та правоохоронних органів за цих обставин. The analysis of normative and legal provision of the security and defense sector as to the response on crisis situations, followed by armed confrontation, with the further provision of proposals for improving the activities of military formations and law enforcement agencies under these conditions, has been carried out. The main normative and legal acts, that declare the questions of regulation and cessation of armed confrontation on the territory of Ukraine, among which the Constitution of Ukraine, the National Security Strategy of Ukraine, the Military Doctrine of Ukraine and the Strategic Defense Bulletin of Ukraine are of great importance, have been determined. Special attention has been paid to the provision of the Concept of the development of the security and defense sector of Ukraine with the determination of the main purpose of the reform, and development of the security and defense sector through the formation and maintenance of capabilities, that will ensure that adequate and flexible response to the whole spectrum of threats to national security of Ukraine, and rational utilization of the state resources. The measures of effective development of the security and defense sector in modern conditions, the effectiveness of which is aimed at ensuring effective coordination and functioning of the state crisis response system; the improvement of the system of state prediction and strategic planning, systems for planning the use of the troops (forces) and means of the security and defense sector based on the principles and the EU and NATO standards; establishing and maintaining of cooperation with the authoritative international organizations and states, aimed at neutralizing the negative effects of direct, nonconventional, hybrid and other acts of aggression against Ukraine have been outlined. It has been noted, that the Military Doctrine of Ukraine as a basis for crisis response to military threats and preventing the escalation of military conflicts should consider the use of the possibilities of the UN Security Council, the OSCE, NATO, the EU, and other international structures that are responsible for maintaining international peace and security, the use of the crisis advisory mechanism in accordance with the provisions of the Charter on a Distinctive Partnership between Ukraine and the North Atlantic Treaty Organization, signed on July 9, 1997. Today, this is an extremely urgent direction that needs further development and comprehensive support. It was established that the issue of interdepartmental interaction of military formations and law-enforcement agencies of special purpose is very complicated, and requires a high priority solution. Therefore, the operational goal of the Strategic Defense Bulletin of Ukraine on the improvement of the system of military command of the defense forces by differentiating the issues of formation and troops (forces) training, from their application, and the task of ensuring effective interdepartmental coordination and interaction of the components of the defense forces is really very topical nowadays. Based on the analysis of the Strategic Defense Bulletin of Ukraine, the main problems of the functioning of the defense forces, connected with the absences of a clear division of responsibility for the formation and use of defense forces, that negatively affects the ability of the state command to govern effectively in the sphere of the state defense, have been determined; also have been determined problems, connected with the absence of an integrated management system of the defense forces, that would be carried out in accordance with the principles and standards adopted by the NATO member states; excessive volumes and irrelevance of the regulatory framework in the defense field. It has been proved, that thorough research of normative-legal mechanisms of influence on crisis situations not only enables to increase the efficiency and effectiveness of management activities under the extraordinary conditions of functioning, but also gives an opportunity to determine optimal measures for their resolving.