确定乌克兰国家安全和国防委员会作为公共行政主体的法律地位的特殊性

Wiktor Branowicki
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引用次数: 0

摘要

我们的目标。该条的目标是确定安理会作为公共行政主体的法律地位的特点,并制订办法,使其职能的管理和法律支助达到最佳、协调和符合法律现实。方法。本文运用了一般科学和特殊科学的法学研究方法,包括系统科学、系统结构科学、比较法学、分析与综合、演绎与归纳等科学认知方法。结果。本文第1节概述了乌克兰国家安全和国防委员会法律地位的主要特征,这些特征使其区别于在自然管理领域开展公共行政的其他公共行政主体。该条第2节概述了关于乌克兰国家安全和国防委员会权限的有争议的问题,特别强调了该委员会所作的决定与现行立法赋予其的权力之间的不一致,以及“国家安全”概念的本质,这是确定其主体管辖权的决定性因素。第3节着重于确定授予乌克兰国家安全和国防委员会控制权力的适当性,对关于在公共当局下设立的协调机构的立法规定进行了分析,得出的结论是,属于它的权力与协调(咨询、咨询)机构的本质、目标、活动手段等相抵触。结论。构成该条第5节的结论总结说,乌克兰国家安全和国防委员会是公共行政的一个具体主体,它被赋予若干在其本质和目的上不同的权力,并有助于改善和确保适当的公共行政,特别是在自然管理领域。委员会指出,作为其运作基础的现行立法有许多缺陷,因此其决定的合法性引起了合理的怀疑。建议采取一系列行动,解决制约乌克兰国家安全和国防委员会运作及其活动实践的立法框架中的问题和差距,包括需要明确界定和澄清其法律地位,协调规范性法律行为的规定,对乌克兰国家安全和国防委员会的雇员进行外联和培训。从国家安全术语的定义及其权限等方面考虑对法律标准的实际理解和适用。上述情况要求继续对自然管理领域的公共行政的体制支助进行科学研究,包括法律基础问题和在这一领域活动的公共行政实体的地位问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PECULIARITIES OF DETERMINING THE LEGAL STATUS OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE AS A SUBJECT OF PUBLIC ADMINISTRATION
The Goal. The goal of the article is to determine the features of the legal status of the Council as a subject of public administration and to formulate ways to optimize, harmonize and bring into line with the legal realities of the regulatory and legal support of its functioning. Methods. The article uses general and special-scientific methodology of legal research, including systemic, systemic-structural, comparative-legal, analysis and synthesis, deduction and induction and other methods of scientific cognition. Results. Section 1 of the article outlines the key features of the legal status of the National Security and Defense Council of Ukraine, which distinguish it from other subjects of public administration that carry out public administration of the field of nature management. Section 2 of the article outlines the debatable issues of the competence of the National Security and Defense Council of Ukraine, in particular, it highlights the inconsistency of the decisions taken by it and the powers granted to them by the current legislation and the essence of the concept of "national security", which is decisive in establishing its subject jurisdiction. Section 3 pays attention to determining the appropriateness of vesting the National Security and Defense Council of Ukraine with control powers, an analysis of legislative provisions on coordination bodies established under public authorities was carried out, and it was concluded that the powers belonging to it contradict the essence, goals, instruments of activity, etc. of coordination (consulting, advisory) bodies. Conclusions. The conclusions, which constitute Section 5 of the article, summarize that the National Security and Defense Council of Ukraine is a specific subject of public administration, which is entrusted with a number of powers that differ in their essence and purpose and contribute to improving and ensuring proper public administration in particular in the field of nature management. It is noted that there are numerous flaws in the current legislation, which serves as the foundation for its operations, due to which the legality of its decisions raises reasonable doubts. It is suggested to implement a number of actions to address the issues and gaps in the legislative framework governing the operations of the National Security and Defense Council of Ukraine and the practice of its activities, including the need to clearly define and clarify its legal status, harmonize the provisions of normative legal acts among themselves, conduct outreach and training of employees of the National Security and Defense Council of Ukraine, etc. considering the practical comprehension and application of legal standards in terms of the definition of the national security term and its competence. The aforementioned calls for the continuation of scientific research on institutional support for public administration in the field of nature management, including questions of legal foundations and the status of public administration entities active in this field.
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