Klymenko N. Theoretical and Methodological Principles of the Mechanism of an Interaction between Public Authorities and Non-State Institutions in the Field of National Security.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100997

Applicant for

Specialization

  • 25.00.05 - Державне управління у сфері державної безпеки та охорони громадського порядку

27-04-2021

Specialized Academic Board

Д 26.142.04

Private Joint-Stock Company "Higher Educational Institution" Interregional Academy of Personnel Management "

Essay

The dissertation presents a new solution of the current scientific and theoretical problem, which is to substantiate theoretical and methodological foundations of the mechanism of an interaction between public authorities and non-state institutions in the field of national security and provide practical recommendations for the improvement of its effectiveness. As a mechanism of an interaction between public authorities and non-state institutions in the field of national security, public regulation of the activities of non-state institutions in this area is studied. The essence of categories and concepts of research is concretized. The factors that determine the expediency of public regulation of activities in the field of national security are identified. Periodization of the genesis of public regulation of non-state institutions in the context of the evolution of ideas about the essence of the social phenomenon is done, which is denoted by the concept of «security» and the civilizational development of society. The periodization of the emergence and development of non-state institutions, as well as public regulation of their activities in the Ukrainian lands from early feudal times to the present, based on the degree of government influence on the creation of non-state institutions and their activities in the context of security has been improved. It is proved that public regulation of non-state institutions aimed at ensuring of their own security, preventing harm to public affairs and personal security originated in ancient times in the cranes of the ancient world and remains relevant today, as the market and civil society are unable to take over the state sphere. On the basis of the risk-oriented approach, the criterion of identification of non-state institutions whose activities affect the solution of the complex problem of national security determines a high degree of risk of negative consequences of their activities for individual security, society, state and environment and national security in general. The system of principles, on the basis of which the public regulates the activities of non-state institutions in the field of national security, is singled out and clarified, including legality, expediency, adequacy, purposefulness, efficiency, complexity, systematics, balance, predictability, responsibility, equality before the law, transparency and consideration, public opinion, validity, adaptation, priority of human security, society, state and environment, efficiency, professionalism. It was found out that measures and means of public regulation of non-state institutions in the national sphere are the actions defined by law allowing state regulators to influence directly or indirectly non-state institutions, forcing or encouraging them to take into account the interests of man, society and states, which include licensing, permitting system and public registration of non-state institutions (legal entities, individuals – entrepreneurs and public organizations). On the basis of the analysis of the legal support of public regulation as a mechanism of an interaction between public authorities and non-state institutions in the field of national security in Ukraine, reasonable proposals for its improvement are provided. The specifics of public regulation of non-state institutions in the field of national security in the introduction of special legal regimes (state of emergency, martial law and environmental emergency zone) has been considered in the event of the emergence of threats to national security of Ukraine, which is based on the Constitution and relevant Ukrainian laws’ restrictions on the rights and legitimate interests of non-state institutions (legal entities), increasing of the competence of public authorities, military command and local governments, creation of special bodies (if it is necessary), as well as introducing measures to regulate public relations in crisis to ensure personal safety, society, state and environmental protection. A conceptual model of the system of public regulation of non-state institutions in the field of national security has been developed, which provides for periodic evaluation of the effectiveness of public regulation of non-state institutions in the field of national security and allows adjusting decisions based on results. A special place in this model is given to feedback, which is manifested in the form of economic, legal and social interaction between public authorities and non-state institutions in the field of national security. On the basis of the main scientific results of the study, practical recommendations are given for the improvement of the effectiveness of public regulation of non-state institutions in the field of national security in Ukraine in the context of an implementation of the positive experience of other countries to further their implementation into practice of the subjects of public regulation.

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