Radchenia N. Normative and Legal Regulation of Personnel Training of the State Border Guard Service of Ukraine (Organizational and Legal Aspects)

Thesis for obtaining the degree of candidate of Law in specialty 12.00.07 Administrative Law and Process; Financial Law; Information Law. Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine, State Border Guard Service of Ukraine. Khmelnytskyi, 2024. The thesis deals with the study of theoretical and practical problems of normative and legal regulation of personnel training of the State Border Guard Service of Ukraine. The genesis of the organisational and legal framework for border guard training is researched; the dependence of the border guard training system development on the organisation of border protection, national and international, political and economic processes as well as the development of state legislation is proved. The features, purpose, tasks and principles of training of the State Border Guard Service personnel are considered as important elements determining the content, main directions and the effectiveness of activities. The use of the term ‘personnel’ to refer to the entirety of persons employed by the State Border Guard Service is substantiated. The research reveals the training of personnel of the State Border Guard Service of Ukraine as a subject of administrative and legal regulation. The range of subjects of legal relations in the field of training of the State Border Guard Service personnel is determined and they are grouped depending on the scope of powers. The emphasis is placed on the dualism of exercising the powers of such public authorities with special powers in the field of training of the State Border Guard Service personnel as the Ministry of Internal Affairs and the Administration of the State Border Guard Service of Ukraine, which negatively affects the efficiency of taking measures to organise training. The regulatory and legal support for training of the State Border Guard Service personnel is considered. It is stated that the regulatory and legal support for the training of the State Border Guard Service personnel is influenced by external and internal factors. It is determined that professional selection is a complex system of interrelated activities which are carried out in accordance with the statutory procedure and in compliance with the rights and legitimate interests of participants, primarily candidates for training at the State Border Guard Service, as provided for by Ukrainian legislation. Taking into account the nature of operational and combat activities of the State Border Guard Service personnel, as well as the specifics of certain types of training that the State Border Guard Service personnel intend or are obliged to undergo before being appointed to positions, a differentiated approach to the selection is established. It is substantiated that the selection procedure established for certain categories of servicemen needs to be improved, in particular: establishing a procedure for appealing against the decision of the heads of the State Border Guard Service bodies and officials of the right of servicemen to training and improving the mechanism for bringing to justice those who have unreasonably refused to accept them for training. It is proposed to distinguish the following types of training of the State Border Guard Service personnel: 1) initial professional training; 2) basic training; 3) training of officers of the State Border Guard Service; 4) professional military education; 5) postgraduate education of the State Border Guard Service personnel; 6) in-service (current) training (special and combat) of the State Border Guard Service personnel. The linguistic and legal content of «initial training of the State Border Guard Service personnel», «the basic training of the State Border Guard Service personnel», «special training», «advanced training of servicemen of the State Border Guard Service» is revealed and their definitions are proposed by the author. It is emphasised that the inclusion of a gender component in the system of professional military training of the State Border Guard Service personnel will ensure its compliance with international standards and compatibility with the relevant institutions of NATO member states. The international experience in organising the training of border guards is highlighted and the possibility of its adaptation to the modern national legal system is considered as well as the ways to improve the training of the State Border Guard Service of Ukraine in the context of European integration are proposed. It is substantiated that in the field of training of the State Border Guard Service personnel, the most effective way to improve normative and legal regulation is systematisation in the form of a special codification, and the author offers her own vision of the structure of the Regulation on Training of the State Border Guard Service Personnel.