SUBSTANTIATION OF TASKS AND AUTHORITIES OF THE NATIONAL GUARD OF UKRAINE ON DEFENSE OF CRITICAL INFRASTRUCTURE FACILITIES

Abstract

The research was conducted to study the state of development of the issue of protection of critical infrastructure in Ukraine. It is established that the world is increasingly using an integrated approach to ensuring the security of systems, facilities and resources that are crucial to the life of a state or association from criminal encroachments and terrorist threats, as well as threats of another nature - natural, technogenic, social, military ones.

It is determined that the term “critical infrastructure” has not yet received its legislative definition, it is, de facto, already used in such fundamental regulations. Today in Ukraine only the legislative base for the protection of critical infrastructure is being formed and the body that will formulate the state policy for the protection of critical infrastructure, as well as the body (military formation) that will be responsible for implementing the tasks of protection of critical infrastructure remains undefined critical infrastructure from various threats.

The purpose of the article is to conduct a research to study the state of development of the issue of protection of critical infrastructure in Ukraine and justify the tasks and powers of the National Guard of Ukraine in this area.

A legal analysis of the implementation by the National Guard of Ukraine of the tasks to stop terrorist activities and counter-sabotage. It has been proved that the National Guard of Ukraine is involved in anti-terrorist activities and participates in the activities of the Unified State System of Prevention, Response and Cessation of Terrorist Acts and minimization of their consequences, without being part of the system of subjects of fight against terrorism. Counter-sabotage activities are a direct form of execution by the National Guard of Ukraine of tasks related to the cessation of terrorist activities.

It is substantiated that at the stage of creation and organization of the State Critical Infrastructure Protection System, including by determining the Authorized Body for Critical Infrastructure Protection of Ukraine and determining the competence and authorities in the field of critical infrastructure protection of other subjects of the state critical infrastructure protection system. The National Guard of Ukraine in this system is not normatively defined.

It is proved that the legal status, level of logistics and training of personnel, the presence of special units in the National Guard of Ukraine that perform the functions of units for counter-sabotage, their experience in performing counter-sabotage tasks in the field of the anti-terrorist operation and joint operations forces allow considering the National Guard of Ukraine the main subject of counter-sabotage activities ‒ the Authorized Body for Critical Infrastructure Protection of Ukraine both within the territorial defense and in peacetime for the protection of critical infrastructure.

Areas of further research will focus on the protection of critical infrastructure in Ukraine.