National security and defense council of Ukraine: problematic aspects of the constitutional and legal status

Martyniuk, R. and Datsiuk, О. and Romanov, М. and Khomych, Т. (2023) National security and defense council of Ukraine: problematic aspects of the constitutional and legal status. Inequality, Informational Warfare, Fakes and Self-Regulation in Education and Upbringing of Youth, Youth Voice Journal, IV. pp. 78-91.

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Abstract

The scientific article examines the functional nature of the National Security and Defense Council of Ukraine and the nature of its powers, its importance as a body with special competence in the field of national security and defense, the role of the National Security and Defense Council in the mechanism of implementing the functions and powers of the President in the field of security and defense of Ukraine. The problematic aspects of the constitutional and legal status of the National Security and Defense Council of Ukraine are analyzed and the author’s understanding of its possible correction is offered. The Constitution of Ukraine calls the National Security and Defense Council of Ukraine “the coordinating body for national security and defense under the President of Ukraine”, which “coordinates and controls the activities of executive bodies in the field of national security and defense”. However, the functions and powers of the National Security and Defense Council of Ukraine enshrined in the Law of Ukraine “On the National Security and Defense Council of Ukraine” of March 5, 1998 go beyond coordination and control over the activities of executive bodies in the field of national security and defense of Ukraine. The National Security and Defense Council of Ukraine not only coordinates and monitors the activities of executive bodies in the field of national security and defense of Ukraine, but also develops and expresses important political decisions, which it makes in the form of proposals to the President of Ukraine concerning realization of principles of domestic and foreign policy in the field of national security and defense of Ukraine. In fact, the main principles on which the competence of the National Security and Defense Council of Ukraine is based are coordination, control, planning and forecasting. The real role of the National Security and Defense Council of Ukraine in ensuring the national security and defense capabilities of Ukraine and the content of the tasks assigned to the National Security and Defense Council of Ukraine by Ukrainian legislation require giving it the status of one of the highest state bodies.

Item Type: Article
Uncontrolled Keywords: constitutional and legal status, functions, powers, coordination, control, National Security and Defense Council of Ukraine, President of Ukraine, executive bodies, field of national security and defense of Ukraine
Subjects: by fields of science > Science of law
Divisions: The College of International Relationship > The Department of Political Science
I. Malynovskyi Institute of Law
Depositing User: заввідділу Наталя Денисенко
Date Deposited: 05 Mar 2024 14:30
Last Modified: 05 Mar 2024 14:30
URI: https://eprints.oa.edu.ua/id/eprint/8973

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