Verkhovna Rada of Ukraine in the system of subjects of providing the defense of the state
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2017, Vol 1, Issue
Abstract
The article investigates modern theoretical approaches and the legislative definition of the place of the Verkhovna Rada of Ukraine among the subjects of administrative and legal support of the state defense. The functions and powers of the Verkhovna Rada of Ukraine in the system of defense of the state and the question of their classification are considered. The level of ensuring the national security and defense of Ukraine depends primarily on the effectiveness of the functioning of state authorities as actors of defense, a clear division of powers, responsibility and a coherent interaction between them. Among the actors of defense, the key role is played by the Verkhovna Rada of Ukraine, which at the legislative level defines the functions and tasks of the subjects of state defense. The administrative and legal status of the Verkhovna Rada of Ukraine as a subject of defense should be considered through the availability of respective functions, powers and competencies in the field of defense. In our opinion, the powers of the bodies of public administration as subjects of the defense of Ukraine are a set of rights and obligations established by regulatory and legal acts aimed at the implementation of state policy in the field of defense related to the preparation for armed protection and defense state in case of armed aggression or armed conflict. At the same time, within our competence, we understand the legal definition of the place and role of the state authority in the system of subjects of defense of Ukraine by means of normative consolidation of goals and tasks directed at the implementation of state policy in the field of defense. Legislative function is a priority of the Verkhovna Rada of Ukraine, including as a subject of defense of Ukraine. The Constitution of Ukraine defines the main authority for the implementation by the Verkhovna Rada of Ukraine of this function: the adoption of laws. According to Art. 5 of the Law of Ukraine "On the Defense of Ukraine", the Verkhovna Rada of Ukraine, within the limits of the powers determined by the Constitution of Ukraine, carries out legislative regulation of the issues of the sphere of defense. Thus, the fundamentals of national security, the organization of the Armed Forces of Ukraine and the legal regime of martial law and state of emergency are determined exclusively by the laws of Ukraine; the procedure for sending units of the Armed Forces of Ukraine to other states, the admission and conditions of stay of armed forces of other countries on the territory of Ukraine are established. On the basis of the analysis, one can propose the following classification of the functions of the Verkhovna Rada of Ukraine in the system of subjects of defense of the state: 1) general functions: a) legislative (norm-setting); b) constituent (organizational); c) parliamentary control (control); d) planning; 2) special functions: a) representative; b) budgetary and financial; c) foreign policy.
Authors and Affiliations
В. Й. Пашинський
Keywords
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