SUBSTANTIOTION OF RECOMMENDATIONS FOR BALANCING CAPABILITIES, UPDATING THE STATUS AND AUTHORITY OF THE NATIONAL GUARD OF UKRAINE

Abstract

The status, required authority and capabilities of the National Guard of Ukraine as a part of the state Security and Defense Sector in fulfilling its functions and tasks have been specified. It is established that existing law enforcement functions of the Guard, primarily public order, safety and protection of life, health, rights, freedoms and legal interests of citizens and protection of the constitutional system of Ukraine, the integrity of its territory against attempts to change them by force, show the need to include the National Guard of Ukraine to law enforcement agencies. Therefore, we made a systematic analysis of the current legislation of Ukraine and FIEP member states regarding the legal status and authority of the components of the security sector and substantiated the need to provide the National Guard of Ukraine the status of a "special law enforcement body with military status», which will be composed of the rapid response military units (mobile forces) and regional bodies and departments (territorial forces). It is established that for the effective implementation of the law enforcement functions of the Guard, it is necessary to extend its authority regarding their execution and to grant the status of the central executive body implementing state policy in the sphere of protection of the constitutional order of Ukraine, the integrity of its territory from attempts to change them by violent means and protection of critical infrastructure, the list of which is determined by the Cabinet of Ministers of Ukraine, as well as in the sphere of nuclear materials, nuclear materials circulation and of other state-owned sources of ionizing radiation.  In addition, it is suggested that the intelligence units of the Guard should be given authority to conduct secret intelligence activities and to train the relevant specialists. In accordance with the substantiated status of the National Guard of Ukraine, recommendations were developed on balancing the capabilities of the Guard on the example of formulating the basic requirements for the capabilities of the forces of an Operational-Territorial Region of the Guard, as well as by replenishing the required carriers of the capabilities at the expense of the Security and Defense Sector forces. The proposed recommendations can be used as proposals to amend the legislation of Ukraine, as well as develop a new Concept for the development of the National Guard of Ukraine.