THE SYSTEM OF ENTITIES FOR THE PROTECTION OF STATE SOVEREIGNTY AND TERRITORIAL INTEGRITY

Abstract

The article emphasizes that, despite the importance of the work of each of the subjects of the protection of state sovereignty and territorial integrity, their system does not have a legislative consolidation, as well as a comprehensive reflection in the theory of law. From a practical point of view, the above may have the following consequences: insufficiently effective coordination of the actions of the specified entities; failure to implement individual measures aimed at protecting state sovereignty and territorial integrity; lack of objective regulatory and legal protection of these subjects; risk of duplication of powers, etc. Taking into account the controversial provisions of scientific works, which covered the lists of subjects of protection of state sovereignty and territorial integrity, in his research the author relies on the current legislation of Ukraine, in particular in the field of national security. In the process of research, attention is focused on the differences between subjects of protection of state sovereignty and territorial integrity, due to the different nature of their powers. For example, the competence of the parliament and the government of the country is not limited to ensuring security and defense at a time when the specified activity is the main activity of the subjects of the security and defense sector. Considering the large number of subjects of protection of state sovereignty and territorial integrity, it is proposed to present them in the form of a differentiated system formed by dividing these subjects according to the nature of their powers: 1) general subjects whose main powers are not the protection of state sovereignty and territorial integrity , but their activities are inextricably linked to this direction (the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the President of Ukraine, courts); 2) special subjects whose main tasks are to ensure national, state and military security (National Security and Defense Council of Ukraine, Ministry of Defense of Ukraine, State Special Service of Transport, State Service of Special Communications and Information Protection of Ukraine, Armed Forces of Ukraine, Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the National Guard of Ukraine, the State Emergency Service of Ukraine, the State Border Service of Ukraine, the State Migration Service of Ukraine, the Security Service of Ukraine and the Anti- Terrorist Center under the Security Service of Ukraine, the State Security Office of Ukraine, the intelligence community, the Ministry on issues of strategic industries of Ukraine, Court Security Service).