JUS LIMITIS BORDER LAW IN THE LAW SYSTEM OF UKRAINE: BEFORE THE PROBLEM IS STATED

Abstract

Abstract. The article aims to establish and justify the name of the corps of the legal norms that govern the legalregime of the state border as border law, as well as to study its features, which give grounds for recognition of borderlaw as separate complex branch of the law of Ukraine.The terminology used in modern conditions in the field of protection of state borders (border guard, borderlegislation, border authorities, etc.) is created with the help of the root “border”, receives the distracting indirectsemantic load that emphasizes all the phenomena marked by it as having a place “at the border”. In fact, theseprocesses are localized, carried out, passed precisely “at the border”. In the languages of western neighbours(Polish, Romanian, Czech, German, etc.), this terminology is derived from the root “border”. According to the sameprinciple, the name of the Ukrainian border protection authority was established the name of the border protectionbody of the Ukrainian People's Republic – separate corps of border protection of the Ukrainian People's Republic.In this article, the authors use the experimental term “border law”.Going beyond the “classical” approach to the design of the internal structure of the law system (allocation ofbranches and institutions of law on the subject and method of legal regulation), authors resort to the already tested by domestic scientists the use of the legal regime as a system-forming category regarding the commonalities oflegal norms, which are characterized by the multidisciplinary public relations regulated by them. The conclusionon the recognition of border law as a complex branch of law of Ukraine is based on the fact that in the field oflegal regulation of relations on the legal status and protection of the state border a relatively separate commonalityof legal norms was formed, the core of which is the Constitution and organic laws, as well as current legislation.Border law acquires special originality due to the establishment of a comprehensive legal regime in it, whichcombines the legal regimes of several branches of law – administrative, military law, international law andoperational and search activities.