Bondarenko K. Legal bases of the public administration in the sphere of national security

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101467

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

28-09-2020

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 addresses an urgent scientific problem, which consists in deepening knowledge and comprehensive development of provisions regarding the legal bases of public administration of the national security sphere in Ukraine and preparation of reasonable proposals for improvement of the current legislation in the research field. Public administration is understood as aimed at satisfying public and private interests the activities and interaction of state-defined subjects (subjects of public administration), the content of which is to develop and implement policies, to exercise managerial influence through the organization and enforcement of mandatory legal acts at national level. and at the local level, as well as the provision of public services and the provision of feedback between individuals and public administrations . It is proposed to consider public administration as a result of the evolutionary development of state administration, which is conditioned by the development of a socially-organized society, and which is characterized by increasing levels of democracy and openness, a decrease in direct management and imperatives, a focus on service. The development of the science and practice of administrative activity, the expansion of the political component of public administration in all spheres, and the departure from the purely administrative administrative activity of the state led to the separation of a new sphere of public administration, which consists of branches (national security and defense, internal rights, foreign affairs, justice and public service) that together and interconnectors ensure the sovereignty and sustainable development of the Ukrainian state - the national security sphere. It is substantiated that the object of public administration is a specific system - a triad consisting of a socially organized society (institutional component), relations within such a society between its members (dynamic component), and legal states (static component). The following definition of the national-security sphere as an object of public administration is formulated - it is a complex sphere of public administration, which should be considered as a system of public relations, as well as the legal states that are formed in the sphere of ensuring the existence of the Ukrainian state and its effective functioning, on which the public controlling influence is made by the society and the state in the face of specially designated subjects. Public administration of the national security sphere has certain features that can be attributed to: the presence of special objects of administration, the use of the imperative method of public administration as the main, broader administrative powers of the President of Ukraine, clear centralization and subordination of the bodies that administer these functions, special (increased) requirements for public servants, specific stability of the management system. The following principles of public administration in this field are distinguished: political independence, separation of powers, subsidiarity, subordination and clear hierarchy during the implementation of public administration, a combination of imperative and dispositive methods of public administration, professional management. It is established that the peculiarity of national security as an object of public administration, which is a legal state, is: 1) isolation of a special system - the security and defense sector, ie subjects of national security; 2) inclusion in the system of subjects of national security of citizens of Ukraine and public associations, unlike in the previous law - on a voluntary basis; 3) the general orientation of the national security industry to counter existing threats, which is specific only to the national security industry, since all other industries, without exception, have their tasks and functions that may exist in the presence or absence of threats / critical phenomena / threats, etc. Key words: public administration, state government, national-security sphere, administrative-political sphere, national security, defense, foreign affairs, internal affairs, justice, public service.

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