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DOI: https://doi.org/10.34069/AI/2022.57.08.16
How to Cite:
Shilin, M., Shmotkin, O., Chernysh, R., Konyk, T., & Botvinkin, O. (2022). Formation and formulation of state policy to ensure
national security: theoretical and legal aspects. Amazonia Investiga, 11(57), 152-161. https://doi.org/10.34069/AI/2022.57.08.16
Formation and formulation of state policy to ensure national security:
theoretical and legal aspects
ะคะพั€ะผัƒะฒะฐะฝะฝั ั‚ะฐ ั„ะพั€ะผัƒะปัŽะฒะฐะฝะฝั ะดะตั€ะถะฐะฒะฝะพั— ะฟะพะปั–ั‚ะธะบะธ ั–ะท ะทะฐะฑะตะทะฟะตั‡ะตะฝะฝั ะฝะฐั†ั–ะพะฝะฐะปัŒะฝะพั—
ะฑะตะทะฟะตะบะธ: ั‚ะตะพั€ะตั‚ะธั‡ะฝั– ั– ะฟั€ะฐะฒะพะฒั– ะพัะฝะพะฒะธ
Received: October 4, 2022 Accepted: November 6, 2022
Written by:
Mykola Shilin48
https://orcid.org/0000-0001-8169-9324
Oleksii Shmotkin49
https://orcid.org/0000-0003-2803-271X
Roman Chernysh50
https://orcid.org/0000-0003-4176-7569
Tetiana Konyk51
https://orcid.org/0000-0002-5630-1190
Oleksandr Botvinkin52
https://orcid.org/0000-0003-3089-495X
Abstract
In the article there were defined and substantiated
the theoretical and legal foundations of the
formation and formulation of state policy to
ensure national security. The essential features of
the formation of state policy on ensuring national
security as a legal category were determined.
Structural elements, main forms and their
varieties, methods of the formation of state
policy were substantiated and characterized. It
was proved that state policy of ensuring the
national security of Ukraine was inextricably
linked with the law.
The meaning of legal principles is revealed and
the need for their implementation and observance
is substantiated, as well as the creation of a
system of scientific support for the principles of
implementation of state policy to ensure national
security. Authorโ€™s proposals were presented in
the article.
Keywords: state policy, formation, provision,
national security, legislation, normative legal
acts.
48
Doctor of Science in Law, Professor, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
49
Doctor of Science in Law, Professor, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
50
Ph.D (Law), ะssociate ะ rofessor Department of Science of Law, National Academy of the Security Service of Ukraine, Kyiv,
Ukraine.
51
Rivne State university of humanities, Rivne, Ukraine.
52
Ph.D (Law), National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
Shilin, M., Shmotkin, O., Chernysh, R., Konyk, T., Botvinkin, O. / Volume 11 - Issue 57: 152-161 / September, 2022
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Introduction
Ensuring of National Security directly depends
on the proper mechanism for the formation and
implementation of the corresponding effective
State policy. To develop such a mechanism, it is
necessary to have a clear understanding about
what State policy and National Security policy
are in general. Also, it is necessary to define the
theoretical and legal foundations of their
formation. At the same time, it is important to
realize that in the modern period the problem of
the state policy of Ukraine is to ensure national
security, to find different ways to improve it,
taking into account, first of all, the conduction of
so-called hybrid war against our State (Ukraine),
the aggravation of social contradictions in all
spheres of the society. This problem of formation
and formulation of State policy to ensure
National Security of Ukraine deals with the
questions of the emergence and the basis of
various and extremely acute conflicts, which
nowadays have become especially relevant
(Konuk, 2019). The solution of this specified
problem requires us organizing corresponding
scientific research.
Methods of the research
Thatโ€™s why in the process of our research general
and special scientific research methods were
used. General methods determine philosophical
and worldview approaches, such as dialectical
and phenomenological methods, thanks to which
the essence, the concept and the meaning of State
policy to ensure national security and its
relationships with law were analyzed.
We also used such theoretical and logical
methods, as: deduction, induction, systematic
approach, methods of the analysis, synthesis,
which made us possible to obtain reliable
knowledge about the role and the significance of
legal aspects in the formation of State policy to
ensure national security, to determine and to
justify its essential features, algorithm,
principles, conceptual foundations and to
propose the ways to improve the system of
scientific support and its implementation into
practice.
In our own research weโ€™ve analyzed Ukrainian
normative legal acts, among which special
attention was paid by us to the analysis of such
legislative acts, such as: the Constitution of
Ukraine, the Law of Ukraine โ€œOn National
Securityโ€, as well as Decrees of the President of
Ukraine, which approved the Strategies of
individual components of national security.
Literature Review
State policy is a complex phenomenon that
includes a set of decisions and measures having
been taken into account by many subjects and
institutions. Often it is formed by previous
political experience and it is closely related to
other, the most extraneous decisions. Therefore,
it is very difficult to analyze this problem (Govlet
& Magadevan, 2004, p. 15).
Nowadays scientists have developed numerous
approaches to the analysis of State policy
processes. Analyzing the researches of foreign
scientists on public policy, Govlet M. and
Magadevan R. noted that the direction of the
researches of many scientists was the search for
causal variables in the sphere of the development
of public policy. In other words, the main there
are political determinants, the purpose of which
is to answer the question: what questions
determine public policy (in such a way we mean
the macro level of socio-economic factors or
micro-level elements of the personโ€™s behavior).
Such researches are largely empirical and often
quantitative according to their orientation. Some
of the scientists in their attempt to understand the
development of State policy, limit themselves to
the organization of the State itself. One of the
ways to understand the processes of State policy
is to study the nature of the political regime,
which is vaguely defined as the organization of
the political system in the whole. Such
researchers, as Theodore Loewy,
James K. Wilson and Lestor Salomon focus their
attention on the study of the content of politics in
general. Another group of the researchers
concentrates on the influence and consequences
of politics (Govlet & Magadevan, 2004,
p. 15-16).
In general, as Govlet M. and Magadevan R.
think, everybody has to agree with Peter De Leon
that studies of policy have a long history, but a
short past. In such a way politics of State have
been concentrated on the focus of a lot of
researches over the past millennium, but its
systematic study has been spanned only by a few
decades. The last argument is explained by the
existence of different approaches to this problem,
originating from different academic schools
(Govlet & Magadevan, 2004, p. 27).
Separate aspects of the indicated problematic
issue were also analyzed by us in previous
scientific works (Onyshchuk, Onyshchuk,
Petroye & Chernysh, 2020; Vlasenko, Chernysh,
Dergach, Lobunets & Kurylะพ, 2020; Chernysh,
Pogrebnaya, Montrin, Koval & Paramonova,
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2020; Kostenko, Strilchu, Chernysh &
Buchynska, 2021; Chernysh, Prozorov,
Tytarenko, Matsiuk & Lebedev, 2022).
The 90s of the last century proved that the
process of developing State policy has to meet
such kind of increased requirements. It should be
meaningful and justified. In other words, State
policy is strategic in its nature, because it is
necessary for making important appropriate
decisions (Brown, 2000, p. 16).
The theoretical basis of our research consists of
some scientific achievements. First of all, we
take into account the researches of Gladunyak I.,
who paid a great attention to the consideration of
the Constitution as a basis for the formation and
implementation of state policy in general. Also,
weโ€™ve studied the issues of Avakian T., who
proposed in his scientific articles the definition of
subjects and forms of the implementation of State
policy in the field of internal affairs and to the
disclosure of the content of Ukrainian Security
policy in the context of European integration.
Other scientists, for example Dzevelyuk M.
studied the problem of the relationships between
State policy and the functions of the modern
State. In the researches of Tertychka V. he
systematized the scientific paradigm and
revealed the content, principles and the
methodology of the analysis of State policy in
Ukraine.
In our country, in Ukraine, and in foreign
countries different authors have written their
issues about State policy, Legal theory,
theoretical and legal foundations of ensuring
national security (we mean the researches of M.
Paul Brown, Michael Govlet and Magadevan
Ramesh).
Results and discussion
Based on the results of the analysis of different
scientific researches, weโ€™d like to state that
practically no attention was paid to the research
issues on the formation of State policy
specifically to ensure the national security of
Ukraine and primarily its legal basis.
In order to determine the theoretical and the legal
foundations of the formation of the State policy
to ensure national security, first of all, it is
necessary to understand what it is meant by the
term โ€œformationโ€. According to the Great
Explanatory Dictionary of the Ukrainian
Language, โ€œformation is an action with the
meaning of forming: 1) to give existence to
something; to create, providing some structure,
organization, form; 2) to organize, create
something (some structure, unit, etc.) from a
certain number of participants... to define, to
establish, to outline something (Bussel, 2005).
We also consider that it is appropriate to clarify
the place and the role of the State in the political
system of our society, as well as weโ€™ve to analyze
what the categories โ€œpoliticsโ€ and โ€œState policyโ€
mean.
The place and the role of the state in the political
system of our society is revealed in its main
functions. Traditionally, they are divided into
internal and external ones. The following
functions are classified as internal ones:
โˆ’ the economic function โ€“ the protection of the
existing method of production, regulation of
economic processes with the help of tax and
credit policy, the stabilization of the
economy and creation of incentives for
economic growth, the regulation of โ€œnatural
monopoliesโ€ (we mean the ways of
communication, energetic sphere);
โˆ’ a social function โ€“ satisfaction of peopleโ€™s
needs in work, housing, health care,
provision of social guarantees to socially
vulnerable groups of population (young
people, pensioners, unemployed people,
orphans, disabled people, large families,
etc.);
โˆ’ a legal function โ€“ it is ensuring legality and
laws, and their order;
โˆ’ a political function โ€“ ensuring political
stability, developing a political course that
meets the needs of the population;
โˆ’ educational and cultural functions โ€“ the
formation of some concrete conditions for
obtaining accessible general and secondary
professional education, as well as the
conditions for obtaining the cultural needs of
the population;
โˆ’ the ecological function โ€“ the protection of
the natural environment.
External functions include: protection of state
interests in the international arena; ensuring the
security and the defense of the country; the
development of cooperation and integration of
this country with other ones.
To perform some specified functions the State
has to use some certain means (resources of State
power), and has to rely on a complex of special
State agencies that make up the relevant
executive mechanism of the State.
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In practice, the State implements these functions
with the help of State policy (Abdulina, 2014,
p. 93). This certainly applies to ensuring national
security.
In everyday use the term โ€œpoliticsโ€ is interpreted
ambiguously. In some a way, according to the
encyclopedic dictionary of political terms, it is
โ€œan organizational, regulatory and control sphere
of the society, within which social activity is
carried out, with the aim mainly for achieving,
maintaining and realizing the power by
individuals and social groups for the fulfillment
of their own requests and needsโ€ (Political
dictionary, 1997, with. 258). Piren M. interprets
politics as a type of the activity to satisfy the
long-term current interests of social groups
(Piren, 2009, p. 15).
At the same time, as the analysis of available
scientific sources shows, that โ€œpoliticsโ€ is mainly
understood as the art of public administration, the
science of state goals and effective means of
achieving them. Based on this position, in our
opinion, the purpose of the policy is to define
priority of problems in one or another area, as
well as subjects, effective means, forms and
methods of solving them. If this opinion is related
to the activities of State power, then it should be
attributed to State policy.
The way how analysts explain State policy and
the aspects they emphasize on, depends on their
ideas, which in turn depends on their interests,
ideologies and experience (Govlet &
Magadevan, 2004, p. 15).
From our point of view, State policy is a system
of ideas, actions, attitudes of subjects of State
policy according to the formation, the
formulation and the implementation of State
interests.
The ideas explain the imagination of State policy
of subjects about the direction of State
development. The actions are cognitive and
transformative ways of providing the activities of
subjects of State policy for the implementation of
some ideas. Relations are social ties that are
arisen between different subjects of State policy,
which are realized during its implementation.
The ideas, the actions, the attitudes are also
arisen in the process of forming of the
implementation of State policy. The process of
formation is the activity of subjects of State
policy to generate some main ideas about the
development of the State. The formulation, in
such a way, is the consolidation and the reflection
of these ideas in legal and political documents
(Shmotkin, 2013, p. 62-64).
So, State policy has the aim of realizing State
interests. State interests are some general state
needs for the realization of national values,
having been implemented by the subjects of State
policy.
As Dzevelyuk M. rightly notes, the formation
and the implementation of purposeful, socially
oriented, stable and competent State policy is one
of the conditions for the existence of a Legal,
Social, Democratic State (Dzevelyuk, 2016,
p. 23).
Letโ€™s consider the conceptual principles of the
formation of State policy based on the principles
of ensuring national security.
According to the current legislation of Ukraine,
State policy in the spheres of national security
and defense has the aim for protecting: people
and citizens โ€“ their lives and dignity,
constitutional rights and freedoms, safe living
conditions; the society โ€“ its democratic values,
well-being and conditions for sustainable
development; the State โ€“ its constitutional
system, sovereignty, territorial integrity and
inviolability; a territory, natural environment โ€“
from emergency (Law 2469-VIII, 2018).
Therefore, weโ€™ve to emphasize that the main goal
of State policy is to ensure national security, to
guarantee safe and stable functioning and the
development of the State, its constitutional
system, sovereignty, territorial integrity and
inviolability of the territory, the rights and the
freedoms of a man and citizens (Chernysh &
Osichnyuk, 2021).
The tasks of the national security policy are to
determine the priority of national interests of
Ukraine; possible threats to national security of
Ukraine in the most important spheres of our life;
the main subjects and objects; the basic
principles; the main directions of the State
national policy of Ukraine in foreign and internal
policy, economic, social, military,
environmental, scientific and technological,
informational, humanitarian and in the spheres of
State security, security of the State border of
Ukraine, according to civil protection of our
country, international cooperation, as well as in
accordance with the creation of a system for
ensuring national security of Ukraine.
The essence of the State policy to ensure national
security consists in the formation and the
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implementation of an appropriate system of the
influence on certain areas of the Stateโ€™s life in
order to guarantee its safe development and
sustainable growth.
The formation of State policy takes a great place
according to a certain algorithm. Dzevelyuk M.
agrees with sharing the position of Petrenko I.; he
emphasizes that State policy is formed by five
stages: the initiation of policy โ€“ the definition and
the analysis of social problems, the formation of
goals and priorities of State policy; policy
formation โ€“ the development of State policy,
which involves the coordination of interests,
goals and means of achieving them; the adoption
of policy โ€“ the legitimization and financing, the
consolidation of the developed policy in a
number of decisions and programs; the
implementation โ€“ we mean the implementation
and monitoring of State policy, which includes a
set of measures for the implementation of
different decisions and programs; policy
evaluation โ€“ audit of its effectiveness and
quality, regulation of State policy as a result of
which there may be an adjustment or refusal to
implement the policy (Dzevelyuk, 2016, p. 23;
Petrenko, 2011, p. 24).
Such approach is used with the purpose to
determine the algorithm of State policy
formation, is somewhat contradictory. First of
all, there is a tautology in the proposed version,
because the second stage of the formation of
State policy we define the process of the
formation of the policy. Secondly, proposing to
consider implementation as the fourth stage of
the formation of State policy, weโ€™ve mixed two
types of the activities of formation and
implementation of State policy.
In our opinion, the formation of State policy
involves three stages. The first one is preparatory,
which consists of the analysis and the assessment
of the existing situation in the country; the
identification, awareness and formulation of
urgent social problems that all people have to
solve urgently to ensure national security; the
search of options (alternatives) for solving
specified problem, choosing the optimal one
from them, forecasting the results of their
implementation; substantiation of the need for
the formation of State policy and explaining the
expediency of its model; making up some
relevant decisions. The second stage is the main
one. It directly develops State policy, defines its
content (goals, tasks, objects and subjects,
powers of citizens, means of solving existing
social problems). The third stage is the final one,
which provides great opportunities for the
adoption of some decisions โ€“ their consolidation
in the form of correspondingly developed
normative-legal act, program-target document,
organizational-administrative decision in the
form of a Doctrine, a Strategy, a Concept at the
legislative level (we mean their approval by the
Verkhovna Rada, the Decree of the President of
Ukraine, the Resolution of the Verkhovna Rada,
the Cabinet of Ministers of Ukraine).
The essence of the formation of the State policy
is to ensure national security as a legal category.
It creates conditions for guaranteeing the safe and
sustainable development of the country through
its development, by legally defined entities,
according to appropriate legal means โ€“
permissions, prohibitions and restrictions for the
appropriate regulation of social relations in
certain spheres of its life activity.
Therefore, in such a way weโ€™ll state that the State
policy of ensuring the national security of
Ukraine is inextricably linked with the law.
In the opinion of Gladunyak I., which we
support, โ€œa scientifically based approach to the
analysis of the processes of formation of State
policy involves highlighting of its connection
with the basic principles of organization,
functioning and goal-setting of State power,
having been enshrined in each specific country at
the level of its Basic Lawโ€ (Gladunyak, 2007).
The presence of a dialectical connection between
the Constitution and State policy, as some
scientists mention, is that โ€œon the one hand, State
policy, as Selivanov V. proves, is designed to
determine the role and the tasks of State power in
vital spheres of the society, its strategic goals of
legislative, managerial, administrative and some
other measures to preserve the integrity of the
society and guide it towards a way of social
progressโ€. โ€œOn the other hand, the very process
of goal setting takes a place in accordance with
the principles of the organization of a social
system having been established at the level of the
Basic Lawโ€ (Gladunyak, 2007).
According to the Law of Ukraine โ€œAbout
National Securityโ€, the main principles, that
determine the procedure for the formation of
State policy in the spheres of national security
and defense are:
1) the rules of law, accountability, legality,
transparency and compliance with the
principles of democratic civilian control
over the functioning of the security and
defense sector and the use of force;
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2) the compliance with the norms of
international law, the participation
(according to the interests of Ukraine) in
international efforts to maintain peace and
security, to deal with interstate systems and
mechanisms of international collective
security;
3) the development of the security and defense
sector as the main instrument for the
implementation of State policy in the
spheres of national security and defense
(Law 2469-VIII, 2018).
Justifying the appropriateness of understanding
the phenomenon of State policy as a relatively
stable, organized and purposeful
activity/inactivity of state institutions,
Tertychka V. described these state institutions,
their direct or indirect activity in relations to a
certain problem or set of problems that affect the
life of our society. So, Tertychka V. notes, that
the definition of State policy implicitly implies
that it is based on a certain law and has to be
legitimative. In modern society fiscal, regulatory
or control actions are perceived as legitimative
ones, and legitimacy is a necessary but not
sufficient condition for effective State policy
(Tertychka, 2002, p. 82-83). State policy does not
appear, weโ€™ll speak, because of the will and the
desire of those people who are currently endowed
with a great State authority power. On the
contrary, in order for this area of State activity to
have a systemic and integral character, it is
necessary from the very beginning to have a
certain set of rules and principles that has to be
fixed at the legislative level. The method of
constitutional determination is a universal way of
fixing the specified norms and rules. Taking
these rules and principles into account as some of
imperative importance, the state acts as a
guarantor that all the participants in social and
political relations will comply with them
(Gladunyak, 2007).
Undoubtedly, we also mean all these grounds
according to Ukraine. In accordance with Article
the 2nd of the Law of Ukraine โ€œAbout National
Securityโ€ the legal basis of State policy in the
spheres of national security and defense is the
Constitution of Ukraine. We mean this and other
laws of Ukraine, international contracts, the
binding consent of which has been given by the
Verkhovna Rada of Ukraine, as well as it was
issued for the implementation of Constitution
and laws of Ukraine and some other legal acts
(Law 2469-VIII, 2018). In such a way we mean
the Strategy of National and State Security, the
Strategy of Economic, Energy, Military,
Ecological, Biological, Food, Information and
Cyber Security, the Strategy of Public Safety and
Civil Defense of Ukraine, the development of the
Defense of industrial complex of Ukraine,
Foreign Policy Activities, as well as the Concept
of the counter-intelligence regime, the Military
Doctrine of Ukraine, the National Intelligence
Program, which should determine the target
guidelines and guiding principles of State policy
to ensure the safe functioning of the State, the
directions of the activity of relevant subjects of
the Security Sector. These specified documents
are mandatory for their implementation and the
basis for the development of specific State
Programs based on the components of the State
National Security Policy with the aim of timely
detection, prevention and neutralization of real
and potential threats to the national interests of
Ukraine.
The mechanism of the formation and
implementation of State policy consists of the
practical activities of relevant subjects โ€“ state
institutions and public associations in the field of
legal regulation of social relations.
According to the purpose, the role and the
importance in the system of ensuring national
security, subjects of state policy, in our opinion,
can be classified in such a way: the main subject,
the main executive subject and the auxiliary one.
The main subject should include the highest
bodies of State power and management โ€“ the
President of Ukraine, the Verkhovna Rada, the
Council of National Security and Defense of
Ukraine, the Cabinet of Ministers of Ukraine.
The main executive entity includes ministries and
other central bodies of executive power; National
Bank of Ukraine; courts of general jurisdiction;
Prosecutorโ€™s Office of Ukraine; National Anti-
Corruption Bureau of Ukraine; local state
administrations and local self-government
bodies; The Armed Forces of Ukraine, the
Security Service of Ukraine, the Foreign
Intelligence Service of Ukraine, the State Border
Service of Ukraine and other military formations,
which were formed in accordance with the laws
of Ukraine; law enforcement agencies โ€“ such as
the National Police, the National Guard, bodies
of territorial defense, civil defense, structural
subdivisions of the administrative bodies.
The auxiliary subject of State policy is
represented by institutions of public society
(public organizations and movements, other
associations of citizens), as well as other citizens.
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As rightly it was noted by Avakian T., the
subjects of State policy, โ€œusually contribute to
the most civilized and effective solution of
practically significant tasks of the society, ensure
the reliability and the stability of the relations
that are arisen between them, thereby increasing
the value and the role of some Law, its potential
in preventing conflicts, and the interaction of
such subjects as โ€œthe objects, which is a
prerequisite for solving organizational and
management issues of various levels of
complexityโ€ (Avakyan, 2015, p. 38).
The object of State policy in the context of the
investigated problem is a person and a citizen โ€“
their constitutional rights and freedoms; a society
โ€“ its spiritual, moral and ethical, cultural,
historical, intellectual and material values,
informational and environmental environment
and natural resources; the state โ€“ its
constitutional system, sovereignty, territorial
integrity and inviolability.
The lack of legislative consolidation of decisions
having been made by an authorized body of State
power regarding to the formation of a system of
targeted measures to solve certain social
problems, satisfy public needs, ensure state
security and protect national interests, or deals
with the adoption or implementation of such
decisions by subjects not authorized by the law,
which can be attributed to state policy and its
implementation.
A mandatory condition for the formation of
effective State policy is compliance with its
constitutional principles. The constitution, which
defines the goals of the State and the values of
national interests, is the core of the determination
of the State policy to ensure State security and
the mechanisms for its practical implementation.
A number of scientists pay a great attention to the
defining role and the place of the Constitution in
the formation and implementation of State
policy. Thus, in particular, Gladunyak I. claims
that the constitution โ€œwith real legal acts turns
into one of the decisive factors of social and
state-legal development. In this sense the
interpretation of the Constitution as a source of
State policy cannot be disputed. Moreover, the
Constitution appears not only as one of the most
possible factors of the influence on state policy,
but as its fundamental basis and decisive factor,
without which democratic foundations
disappear. And without a focus on democracy, it
already begins to serve not the interests of the
society as a whole, but exclusively the interests
of certain clans, political groups or individual
politiciansโ€. The scientist also believes that any
โ€œconstitution always carries a certain prognostic
and axiological element that allows predicting
the future direction of State development, and
accordingly, State policyโ€ (Gladunyak, 2007).
The lack of a systematic vision of the goals and
tasks of State power, as well as a real analysis of
existing problems in the country and a scientific
approach to their solution based on legal
grounds, gradually leads to the separation of
State policy from the constitutional basis and
turns it from general means of ensuring public
needs into a mechanism for serving certain
political parties, oligarchs or criminal groups.
This constitutes one of the most important
problems in modern Ukraine, obstacles to the
democratization of its political system and the
mechanism of State management in the sphere of
ensuring National Security. In this case, the
observation of Dzevelyuk M. emphasizes that a
retrospective analysis of State policy proves the
existence of a considerable number of examples
of wrong policies โ€“ the arbitrary one, anti-people
policy, shadowy one, which led to negative
consequences, which are in a great degree
suffering and provide human sacrifices
(Dzevelyuk, 2016, p. 24).
At the same time, comparing the state of
systematization and consistency of
implementation of State policy in certain spheres,
weโ€™ll note that the greatest number of problems
nowadays are encountered precisely in the sphere
of political regulation. State policy in this area
has an exclusively situational nature, which
sometimes contradicts the Constitution. This can
be evidenced in particular by the repeated
postponement of the Verkhovna Radaโ€™s adoption
of the Law about the opposition, which activity
is one of the basic political rights guaranteed by
the Constitution (Gladunyak, 2007).
From the point of view of the Constitution, in our
opinion, it is the decision of the Council of
National Security and Defense of Ukraine we
mean the application of sanctions to some
citizens of Ukraine and the closure of some mass
media is also controversial.
Policy mistakes are worse than the crime because
the consequences can have reverse effects for
millions of people. At the same time, the most
effective, wise, realistic policy is a prerequisite
for the prosperity and well-being of the nation,
stability in the society and the effective
implementation of State functions (Dzevelyuk,
2016, p. 24).
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Therefore, the only one possible way, that is
capable in returning not only minimal
meaningfulness to State policy, but also putting
it on a reliable foundation, is an appeal to the
Constitution, which defines the goals and values
of State policy, that proposes mechanisms having
been designed to facilitate their practical
implementation (Gladunyak, 2007).
Conclusions
Summarizing the results of our research, weโ€™ll
formulate the following conclusions:
According to the current legislation of Ukraine
the National Security of Ukraine is ensured by
conducting a balanced State policy in accordance
with the doctrines, concepts, strategies and
programs having been adopted in the established
order in the political, economic, social, military,
environmental, scientific and technological,
informational and other spheres of the life of our
State.
The choice of specific means and ways of
ensuring national security of Ukraine is
determined by the need to take measures in a
timely manner, adequate in nature and scale of
threats to national interests.
The main features of the formation of the State
policy on ensuring national security, as a legal
category, are:
โˆ’ the presence of a special subject, having
been defined by current legislation, which is
authorized to make binding decisions with
the aim to guarantee safe and sustainable
development of the State;
โˆ’ the development and the adoption by the
specified special entity of binding decisions
in the form of program documents in
accordance with the procedure defined by
the current legislation, the essence of which
is the intended impact on certain areas of the
countryโ€™s life and social relations through
the implementation of appropriate legal
means in order to ensure its sustainable and
safe development;
โˆ’ creating guarantees of the influence on
certain areas of the countryโ€™s life and social
relations through the development of legal
means of the implementation โ€“ appropriate
permits, prohibitions and restrictions;
โˆ’ approval by the legislative body of such
program documents, confirmation by
normative legal acts of the order of their
implementation and determination of
executive entities;
โˆ’ the obligation to implement the adopted
decisions;
โˆ’ participation of institutions of public society
and citizens (the professional activity in
advisory councils, representative bodies,
etc., conducting referendums, public
examinations of draft laws, decisions,
programs, presenting their conclusions and
proposals for consideration by relevant State
bodies).
The State policy for ensuring the national
security of Ukraine is inextricably linked with the
Law. Its formation necessarily involves: the
creation of an appropriate legal mechanism (the
development and the adoption of relevant
regulatory and legal acts, which have to define
the main principles of State policy โ€“ the goals,
tasks, main directions, subjects and their legal
status, objects, measures and means).
The formation of effective State policy is
impossible without observing its constitutional
principles. Neglect of the provisions of the Basic
Law or manipulation of constitutional provisions
in a case of forming State policy to ensure
National Security, instead of eliminating real and
potentially possible threats to it and solving
public needs. Such a position can led to its
transformation into one of the ways for the
realization of self-interests of some political
forces, cause this or that political force to lose its
legitimacy.
In order to achieve the goal of forming and
implementing an effective State policy to ensure
National Security, it is necessary to create an
appropriate system of its scientific support. For
this purpose, it is advisable:
โˆ’ to determine the list of priority of urgent
social problems, the solution of which
requires scientific support, to work out the
tasks of scientific and research institutions of
Ukraine to conduct relevant researches;
โˆ’ to restore the functioning of previously
liquidated scientific research institutes for
studying national security problems;
โˆ’ intelligence, counter-intelligence and law
enforcement agencies under the leadership
of the Council of National Security and
Defense of Ukraine to create coordinated
reliable system for monitoring the
operational situation in the country using the
latest technologies and methods of obtaining
and processing the necessary information;
โˆ’ to develop an effective mechanism of
interaction between subjects of the security
sector for information and analytical support
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of higher state authorities on current
problems of national security, primarily
according to real and potentially possible
threats for the formation and implementation
of appropriate State policy;
โˆ’ to introduce the practice of involving leading
scientists of the security sector into the
scientific examination of projects of
normative and legal acts related to the sphere
of National Security, creating a
corresponding working group of advisers
from them.
Bibliographic references
Abdulina, T. (2014) State policy in the field of
national security as a scientific category.
Panorama of political studies: Scientific
Bulletin of RDSU, 12, pp. 92-97. (In
Ukranian).
Avakyan, T. (2015). Subjects and forms of
implementation of state policy in the field of
internal affairs. Scientific Bulletin of the
National Academy of Internal Affairs, 1,
pp. 37-43. Url: https://acortar.link/hgiVzN
(In Ukranian).
Brown, M. (2000). Handbook of Public Policy
Analysis, 243 p. Kyiv: Foundations. Url:
https://acortar.link/8CHrPl (In Ukranian).
Chernysh, R., & Osichnyuk, L. (2021). National
Interests of the State and the Possibility of
Restricting the Right to Freedom of Speech:
The Question of Correlation. Problems of
legality. Url:
http://plaw.nlu.edu.ua/article/view/243660/2
44977 (In Ukranian).
Chernysh, R., Pogrebnaya, V.L., Montrin, I.I.,
Koval, T.V., & Paramonova, O.S. (2020).
Development of Internet communication and
social networking in modern conditions:
institutional and legal aspects. Revista San
Gregorio (special issues Nov). Url:
http://revista.sangregorio.edu.ec/index.php/R
EVISTASANGREGORIO/article/view/1572
Chernysh, R., Prozorov, A., Tytarenko, Y.,
Matsiuk, V., & Lebedev, O. (2022). Legal
and organizational aspects of destructive
information impact counteracting: the
experience of Ukraine and the European
Union. Amazonia Investiga, 11(54), 169-177.
https://doi.org/10.34069/AI/2022.54.06.16
Bussel, V. T. (2005). Dictionary. A large
explanatory dictionary of the modern
Ukrainian language. Kyiv, Irpin: Perun. Url:
http://irbis-
nbuv.gov.ua/ulib/item/UKR0000989 (In
Ukranian).
Dzevelyuk, M. (2016). State policy and functions
of the modern state: to the problem of
interconnection. National legal journal:
Theory and practice, pp. 21-25. Url:
http://www.jurnaluljuridic.in.ua/archive/201
6/4/5.pdf (In Ukranian).
Gladunyak, I. (2007). The Constitution as a basis
for the formation and implementation of state
policy. Viche, 22. URL:
http://veche.kiev.ua/journal/733/ (In
Ukranian).
Govlet, M., & Magadevan, R., (2004). State
policy research: policy cycles and
subsystems. Calvary, 264 p. Url:
https://www.yakaboo.ua/ua/doslidzhennja-
derzhavnoi-politiki-cikli-ta-pidsistemi-
politiki.html (In Ukranian).
Konuk, T. (2019). Periodization of the state
policy of national security of Ukraine.
Modern movement of science: theses add. IX
international scientific and practical Internet
conference, 2, pp. 79-84. Url:
http://www.wayscience.com/ (In Ukranian).
Kostenko, S., Strilchu, V., Chernysh, R., &
Buchynska, A. (2021). The threats to national
security of Ukraine and Poland in assisting to
the development of the crypto-asset market:
LEGAL ASPECT. Management Theory and
Studies for Rural Business and Infrastructure
Development, 43(2), 225โ€“236. Retrieved
from
https://ejournals.vdu.lt/index.php/mtsrbid/art
icle/view/1436
Law 2469-VIII. ยซOn National Security of
Ukraineยป Bulletin of the Verkhovna Rada of
Ukraine, dated June 21, 2018, No. 31, Art.
241. Url:
https://zakon.rada.gov.ua/laws/show/2469-
19 (In Ukranian).
Onyshchuk, S. V., Onyshchuk, I. I., Petroye, O.,
& Chernysh, R. (2020). Financial Stability
and its Impact on National Security State:
Organizational and Legal Aspects.
International Journal of Economics and
Business Administration, VIII(1),
pp. 353-365. DOI: 10.35808/ijeba/429
Petrenko, I. (2011). The essence of state policy
and state target programs. Viche: legal
journal, 11, pp. 23-25. Url: http://www.irbis-
nbuv.gov.ua/cgi-
bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LI
NK&P21DBN=UJRN&Z21ID=&S21REF=
10&S21CNR=20&S21STN=1&S21FMT=A
SP_meta&C21COM=S&2_S21P03=FILA=
&2_S21STR=viche_2011_10_10 (In
Ukranian).
Piren, M. (2009) Public political activity. Kyiv:
National Academy for Public Administration
under the President of Ukraine, 288 p. Url:
https://www.minregion.gov.ua/wp-
content/uploads/2017/11/Navchalniy-
Volume 11 - Issue 57
/ September 2022
161
https://www.amazoniainvestiga.info ISSN 2322- 6307
posibnik-PU.pdf (In Ukranian).
Political dictionary. (1997). Political science
encyclopedic dictionary. Url:
https://maup.com.ua/assets/files/lib/book/kv
_08.pdf (In Ukranian).
Shmotkin, O. (2013). Essential elements of legal
policy. Legal policy of Ukraine: conceptual
principles and mechanisms of formation:
coll. materials of sciences. - practice conf,
pp. 62-64. Kyiv. National Institute of
strategic studies Url:
https://niss.gov.ua/sites/default/files/2013-
09/Pravova_pol_new-b7252.pdf (In
Ukranian).
Tertychka, V. (2002). State policy: analysis and
implementation in Ukraine. Editorial de
Solomiya Pavlychko "Basics", 750 p. Url:
https://ipas.org.ua/index.php/library/monogr
aphs/175-tertichka-v-derzhavna-politika-
analiz-ta-zdijsnennja-v-ukrayini (In
Ukranian).
Vlasenko, T.O., Chernysh, R.F., Dergach, A.V.,
Lobunets, T.V., & Kurylะพ, O.B. (2020).
Investment Security Management in
Transition Economies: Legal and
Organizational Aspects. International Journal
of Economics and Business Administration,
VIII(2), pp. 200-209. DOI:
10.35808/ijeba/452