Bohutskyi P. Theoretical bases of formation and development of the Ukraine's national security law

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101466

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

30-09-2020

Specialized Academic Board

Д 26.501.01

Scientific Research Institute of Informatics and Law of the National Academy of Law Sciences of Ukraine.

Essay

The dissertation research provides a general theoretical solution to the problem of forming the conceptual foundations of Ukraine's national security law and the development of modern research methodology of the knowledge system about its content, structure, features of globalization, the crisis of world legal law and international security. It is established that scientific developments of national security law were carried out taking into account legislative activity in the field of national security and relevant provisions of the Constitution of Ukraine, based on the needs of law enforcement practice, which is reflected in branch legal sciences and special legal developments basis for a general theoretical study of national security law in modern jurisprudence. The conceptualization of the national security law is to understand the empirical basis of national security, which is a set of social relations, social communications, and other social factors that ensure the security of human, society and the state. The scientific position is formulated that the legal content of national security depends on the legal strategic culture, as a stylized legal culture of security, which provides appropriate legal strategic thinking in making decisions based on law, which are important for national security. It is substantiated that the national security lawis formed as a whole, as it combines varieties and different levels of national security, which in their existence are interdependent in relation to the formation of systemic integrity of national security, which has a common axiological center and is implemented in law. The general theoretical aspects of the interaction of international and national law in the formation of national security law are revealed. It is established that the epistemological and ontological foundations of national security law are legal understanding. Value-normative legal understanding, sociological and necessary approaches to legal understanding, as well as the communicative concept of law are defined as important for the national security law. It is proved that the research strategy of national security law is based on interdisciplinary, systemic, institutional-functional, axiological, holistic and synergetic scientific approaches. The characteristics of the national security law of Ukraine as a nonlinear system, which is formed in accordance with the rules defined by the theory of self-organization and is dependent on the system of national security, are revealed. It is determined that the determinant of the system of law and national security law is associated with the noumenal content of law, which leads to the appeal to the paradigm of rhizome. The rhizome of law is seen as a combination of moral and ethical, value requirements, norms and social communications in defining and achieving a certain socially significant goal for the participants of such communications. It is established that the national security law of Ukraine is formed in the legal system due to the legal regime, which contains the subject – public relations, social communications in the field of national security, method – a set of ways, means of legal regulation, influence on public relations, social communications in the field of national security and the goal of ensuring national security. The national security law has its objects, which are the national interests in all types of national security; the subjects of the national security law are person, society and the state. The national security law of Ukraine is defined as a branch of law that is a value-normative system of generally recognized and publicly defined in the national legal system statuses, rules of conduct and communications aimed at ensuring safe living conditions, existence, development of society and state. Keywords: national security law, conceptualization of national security law, principles, functions, structure of national security law, nonlinearity of nationalsecurity law, rhizome of law, national interests, legal strategic communications inthe field of national security, the human right to security, the system of legal support of national security, international legal means of protectionof national interests.

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