Morkvin D. A. Administrative and legal support of law enforcement activities of the National Guard of Ukraine. − Qualifying scientific work on manuscript.
Thesis for obtaining the scientific degree of Doctor of Philosophy on the speciality 081 "Law". - Kharkiv National University of Internal Affairs, Kharkiv, 2023.
The thesis has provided a theoretical generalisation and a new solution to the scientific task of defining the essence and revealing the specific features of administrative and legal support for law enforcement activities of the National Guard of Ukraine, and has developed recommendations and proposals for its improvement.
It has been established that law enforcement activity as an object of administrative and legal regulation is a set of organisational, legal, informational and other measures implemented by specially authorised entities with the aim of ensuring the internal security of the State, as well as protecting the legitimate rights, freedoms and interests of each individual in particular, and of society and the State as a whole.
The author has argued that the most important characteristics of law enforcement agencies are as follows: a) they are state executive bodies; b) their main function is to protect and defend the rights and freedoms established by law, legitimate interests of a person and a citizen, as well as social and state order from unlawful encroachments; c) their activities are carried out on a professional basis within the limits established by law; d) implementation of law enforcement activities by these entities involves the use of various methods, in particular, administrative coercion.
It has been stated that in the system of legal framework for regulating the activities of the National Guard of Ukraine, the key place belongs to administrative law provisions, since it is through them that: a) the administrative and legal status of this agency is enshrined as an entity which implements the law enforcement function of the State (in particular, the purpose, tasks, functions, powers, competence, etc.); b) the administrative and legal forms of the National Guard of Ukraine's activities in the area under study are revealed; c) the guarantees of its activities are outlined; d) establish the procedure for interaction between the National Guard of Ukraine and other law enforcement agencies, etc.
The author has established that the competence of the National Guard of Ukraine as a law enforcement entity is the range of tasks and functions assigned to this agency, the performance of which determines the availability of its powers (a set of subjective rights and legal obligations), the use of which will allow solving the outlined tasks and achieving the ultimate goal of the functioning of the institution under study. The author has emphasised that the competence of the National Guard is determined by: a) tasks and functions of the National Guard of Ukraine; b) powers, i.e. a set of legally defined subjective rights and legal obligations.
It has been proved that the powers of the National Guard of Ukraine as a law enforcement entity should be interpreted as a set of subjective rights and legal obligations vested in this institution by administrative law to ensure effective implementation of the law enforcement function of the State.
The author has classified the legal guarantees for ensuring the activities of the National Guard of Ukraine: 1) material - provisions of legal acts whose norms are directly aimed at regulating various aspects of the subject under study; 2) procedural - define the organisational and managerial processes of implementation of material guarantees; 3) organisational - provide for determining the structure of the National Guard and the management system.
It has been noted that employees of the National Guard of Ukraine may be subject to disciplinary, administrative, material, civil or criminal liability. The author has highlighted the general features which are characteristic of legal liability of employees of the law enforcement agency under study.
The author has proved the need to develop and adopt the Procedure for Interaction of the National Guard of Ukraine with law enforcement agencies of Ukraine. This legal act should define: firstly, the range of entities with which the National Guard of Ukraine may interact as an entity exercising the law enforcement function of the State; secondly, the legal status of the coordination centre for ensuring the interaction of the National Guard of Ukraine with other law enforcement agencies; third, the mechanisms of involvement of the National Guard of Ukraine in ensuring (protecting) public security and order, in particular: the grounds and conditions for interaction; the procedure for its implementation, etc.; fourth, the administrative and legal status of the National Guard of Ukraine and other law enforcement agencies in the process of implementing joint activities.
