Polovnikov V. Administrative and legal principles of management in the field of Ukraine`s state border guard and protection

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0523U100012

Applicant for

Specialization

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

18-01-2023

Specialized Academic Board

Д 70.705.06

National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi

Essay

The dissertation is one of the first in domestic legal science complex monographic research of administrative and legal bases of management in the field of Ukraine`s state border guard and protection. The dissertation is dedicated to the scientific and theoretical generalization of the theory and practice in the sphere of protection and security of the state border of Ukraine, determination of the administrative and legal principles of such management, the state of administrative and legal support for the State Border guard service of Ukraine activity as a subject of special purpose management. The dissertation: characterizes the state border guard and protection as a component of ensuring the national security of Ukraine, highlights the communicative and security function of the state border; highlights concepts, features and disadvantages of the management structure in the field of Ukraine`s state border guard and protection; defines tasks of management in this sphere, internal and external functions of such management, its classification. Considerable attention is paid to: definition of management principles in the field of Ukraine`s state border guard and protection, measures of regulatory and legal support of management in this area and the condition of its legal regulation, defining the concept of such entities and implementing their characteristics; clarification of the status, problematic issues and ways to improve the administrative and legal regulation of the status of such bodies of the State Border Guard Service of Ukraine as: Administration, regional administration, border protection unit, Marine Guard unit; defining the concept and types of legal and organizational forms of management in this area; characteristics of administrative acts and methods of such management, among which administrative methods are singled out. The dissertation characterizes the operative and service activities of the bodies (units) of the State Border Guard Service of Ukraine, clarifies the forms of internal and external service activities and the state of their modern development; identified and formulated features of management in the field of physical, technical and operative protection of the state border by bodies (units) of the State Border Guard Service of Ukraine, the advantages and disadvantages of these methods of protection; the concept and structure of the State Border Guard Service of Ukraine staff are defined; the characteristic of discipline and responsibility of the personnel, civil and service relations in the State Border Guard Service of Ukraine is carried out; revealed the current state and offered the ways of improvement of normative and legal regulation of legal protection of the personnel, and also its management in the State Border Guard Service of Ukraine as a means of improvement of its activity. The dissertation: points out the difference between military and militarized subjects of management in the field of Ukraine`s state border guard and protection, highlights the general features of military service in Ukraine, features of such service in the State Border Guard Service of Ukraine and its individual bodies (units); further development of functions, organizational structures and forms of management in the field of Ukraine`s state border guard and protection in the course of integration processes in Ukraine is characterized; the directions of improvement of interaction between subjects of such management are formulated; the role and importance of ensuring its legitimacy are revealed; the foreign experience of management in this sphere and possibilities of its use in Ukraine are found out. The problems of ensuring the legal and organizational foundations of operational-service (operational-investigative) activities of bodies (units) of the SBGS of Ukraine have been identified, which need to be solved by conducting theoretical and legal studies, developing and implementing of relevant by-laws normative acts, and developing and implementing current development plans. One of the areas of improvement of the regulatory and legal support of management in the field of SBPD of Ukraine is: modernization of management and improvement of the regulatory and legal support of integrated border management. The dissertation contains the author's definitions of such terms as: management in the field of Ukraine`s state border guard and protection, security of the state border, operative and service activities, form of operative and service activities, physical, technical and operative boder guard etc., proposals for changes and additions to the current Ukraine`s legislation. The position regarding the need for legislative consolidation of the concepts of coordination and interaction in management activities is argued. In addition, a number of proposals for improving the Laws of Ukraine “On the State Border of Ukraine”, “On the State Border Guard Service of Ukraine”, “On Border Control”.

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