Zhuk T. Administrative and Legal Framework for Ensuring of Interaction Between Counterintelligence Bodies and Other Actors of Security Sector in Order to Protect National Interests

The thesis provides a new interpretation of the scientific task of identifying essence and features of administrative and legal framework for ensuring of interaction between counterintelligence bodies and other actors of security sector in order to protect national interests. A classifying and conceptual structure of scientific perspective on the concept ‘ensuring of interaction between counterintelligence bodies and other actors of security sector in order to protect national interests’ is formed and the essence of its administrative and legal framework for proper realization is defined. This concept is defined as the process of implementing a comprehensive approach to national security, which consists in organizing the conditions, grounds and procedures for implementing situational or systematic jointly coordinated actions of counterintelligence bodies with one, several or all actors of security sector in order to effectively prevent any intentions of foreign states, organizations or individuals to harm the state security of Ukraine. The main purpose of its organization and implementation is defined а necessity to ensure a permanent counterintelligence regime and implementation of specific tasks. The characteristic features of the system of legal (normative basis), organizational (types and directions) and practical (forms and methods) elements that form the procedural aspect of ensuring the interaction of counterintelligence bodies with other actors in the security sector to protect national interests are described. It is proved that the state organized mostly situational interaction between the main counterintelligence body and public authorities, law enforcement agencies, ministries and departments, which provides for intensification of their interaction in case of: detection of intelligence and subversive activities, grounds for reasonable suspicion of subversive activity, the need for anticipatory activities to prevent illegal activities to the detriment of the national interests of Ukraine. The constant interaction of the main counterintelligence body is directly provided by law only with the Armed Forces of Ukraine. In the current state of the security environment, it is important to assist counterintelligence bodies in exercising their powers, ie to have effective mechanisms for their constant interaction with the Ministry of Internal Affairs of Ukraine (to use their forces and means to obtain information about persons who could potentially threaten national interests) and public to meet the information needs of society, to cultivate the unity of values (interests) of citizens of Ukraine and the state, and on the other hand – to meet the information needs of counterintelligence agencies to maximize coverage of facts about the domestic situation in the country, moods and values). The positive legal experience of the Czech Republic, Estonia, USA and Uzbekistan implementation of protection of national interests are revealed, which may be relevant for Ukraine in terms of borrowing. The role of interaction of authorized entities in this process is identified. Proposed to optimize analysis interaction by amending existing administrative law. It is proved that in modern conditions there is an urgent need to develop and implement the Decree of the President of Ukraine "On measures to ensure the interaction of the Security Service of Ukraine with other actors in the security sector to protect national interests".