SUBSTANTIATION OF THE SITUATIONAL APPROACH IN THE STUDY OF ADMINISTRATIVE AND LEGAL SUPPORT OF SERVICE AND COMBAT ACTIVITY OF THE NATIONAL GUARD OF UKRAINE

Abstract

The wide range and variety of tasks assigned to the National Guard of Ukraine requires constant improvement of administrative and legal support of service and combat activities, depending on the level and nature of the threats that exist in Ukrainian society. Modern scientific research in the field of legal science shows that the situational approach is an effective tool for the study of administrative and legal support. Therefore, the use of the latter to improve the administrative and legal support of service and combat activities of the National Guard of Ukraine is justified.

The purpose of the article is to study modern scientific research on the use of the situational approach and substantiation of the relevant methodology in the study of administrative and legal support of service and combat activities of the National Guard of Ukraine.

It is established that the situational approach has made a great contribution to the development of management theory. It contains specific recommendations for the application of scientific concepts, principles, methods depending on the current situation and environmental conditions. The essence of the situational approach is not so much in these procedures as in an attempt to theoretically formulate, empirically verify and then practically recommend different standard solutions for each of the typical situations from their clearly formulated set.

It is proved that modern scientific thought states that the formation of a situational approach is just beginning in legal science. Today, a new theoretical construction of “situational law” has appeared in research. From the standpoint of general legal thought, the subjective perception of the legal situation formulates the causes of action, and therefore in this case the legal situation is not only a consequence of activity, but also its condition. Reducing the legal situation only to external, objective factors is an unacceptable simplification given the importance of its subjective elements.

It is determined that the methodological foundations of the situational approach in law were developed to a greater extent in forensic science simultaneously with the study of criminal and investigative situations and have already found their wide application in investigative practice. The situational approach allows diagnosing the situation to solve the main tasks, in addition to formulate goals and identify a fundamental way to achieve them, as well as study the characteristics of the situation and identify factors that influence decision-making, develop alternative courses of action and evaluate each alternative. Thus, the essence of the situational approach is not only in the practical implementation of these procedures, but also in an attempt to theoretically formulate, empirically verify and identify different standard solutions for each of the situations.

It is substantiated that today the significance and prospects of the situational approach in management and legal science are quite large. The situational approach acquires great importance and relevance for the improvement of management and legal activities in various spheres of public life. The administrative and legal support of the service and combat activities of the National Guard of Ukraine is not an exception. It is believed that the use of the methodology of situational approach in making management decisions on administrative and legal support of combat operations of the National Guard of Ukraine will ensure effective application of administrative and legal measures in specific legal situations of combat operations of units and subunits of the National Guard of Ukraine.

Areas of further research will be aimed at improving the administrative and legal support of service and combat activities of the National Guard of Ukraine.