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DOI: https://doi.org/10.34069/AI/2023.65.05.7
How to Cite:
Kivalov, S. (2023). Public administration in the field of national security: Updating content during martial law. Amazonia
Investiga, 12(65), 68-76. https://doi.org/10.34069/AI/2023.65.05.7
Public administration in the field of national security: Updating
content during martial law
Публічне адміністрування y сфері національної безпеки: oновлення змісту під час
воєнного стану
Received: March 9, 2023 Accepted: March 28, 2023
Written by:
Serhii Kivalov1
https://orcid.org/0000-0002-4651-1805
Abstract
The article examines the model of public
administration in the field of national security
that meets the requirements of martial law. The
purpose of the study is to determine the format of
the existing public administration in the national
security sector, taking into account the
challenges of the legal regime of martial law by
solving such research tasks as outlining the
essence of public administration in the field of
national security; research of subjects endowed
with administrative powers in the field of
national security; determination of the directions
of transformation of public administration in the
specified area. The research methods are the
method of analysis, the method of observation
and study of documents, the method of
comparison, the method of modeling, and logical
methods. As a result of the conducted research,
the expediency of Ukraine taking into account
the directions of reforming managerial influence
on public relations in the field of national
security, which are recognized at the level of the
European Union, is substantiated. As a condition
for the implementation of the necessary changes
in the regulation of the security sphere, it is
separated from the sphere of defense and the
introduction of appropriate changes to the Law of
Ukraine "On National Security". The specifics of
the institutional support of social relations in the
field of national security are identified and the
directions for the implementation of the proper
doctrine of national security are outlined.
Keywords: public administration, martial law,
special period, national security, national
identification.
1
Doctor of Legal Science. Academician full member of the National Academy of Law of Ukraine and National Academy of
Pedagogical Sciences of Ukraine. Honored Lawyerof Ukraine. President of the National University “Odessa Law Academy” (Ukraine)
and Professor of Department of administrative and financial law at the same institution, Ukraine.
Kivalov, S. / Volume 12 - Issue 65: 68-76 / May, 2023
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Introduction
The action of the legal regime of martial law
transforms both social relations and methods of
managerial influence on them. The peculiarities
of the arrangement at the specified time are
carried out in accordance with the Laws of
Ukraine "On the Defense of Ukraine"
(Law No. 1932-XII, 1991), "On the Legal
Regime of Martial Law" (Law No. 389-VIII,
2015), "On Approval of the Decree of the
President of Ukraine "On the Introduction of
Martial Law in Ukraine" (Law No. 2102-IX,
2022). Under such conditions, the sphere of
national security, within which appropriate
conditions are created to ensure the protection of
state sovereignty, territorial integrity, democratic
constitutional system, and other national interests
of Ukraine from real and potential threats, has
become important (Law No. 2469, 2018).
In addition, an urgent problem that needs to be
taken into account when developing public
administration in the field of national security is
the issue of adapting national legislation to the
standards of the European Union (hereinafter –
EU) on security issues. This is due to the fact that
Ukraine has undertaken to adapt national
legislation to the provisions of the EU acquis, to
fulfill Ukraine's international legal obligations in
the field of European integration (Resolution
No. 2483-IX, 2022). At the same time, the
development of a uniform approach to solving
security issues in the EU member states is the key
to effectively overcoming conflicts and crises,
and strengthening the international legal order
and security in the region (European Parliament,
2023). That is why improving the levers of power
and administrative influence on public relations
in the field of national security should be a
priority both in peacetime and in the case of a
special period.
It is noteworthy that the scientific developments
in this direction related to a certain segment of
the sphere of national security: methods of
regulation, the type of public-private partnership
(Mekh et al., 2021); definition of the subject area
of national security (Shevchuk, 2021); outline of
the management component of the national
security sector (Honcharenko, 2020); policy
formation in the field of national security (Mekh
et al., 2023). Thus, the peculiarities of public
relations in the sphere of national security as an
object of managerial influence, on the one hand,
and the transformation of state administration
into public administration, which includes only
those methods of organizing the influence of the
state on public relations, which are aimed at
ensuring human interests, on the other,
influenced: the content of the regulation of social
relations related to national security; the system
of entities empowered in the field of national
security; the type of instruments aimed at the
implementation of powers in the field of national
security.
Therefore, the relevance of the issue of
determination of public administration in the
conditions of martial law is undeniable for the
Ukrainian state and mediates the timeliness of the
scientific analysis of their key components.
Regarding the tasks of this study, we consider it
necessary to highlight the following:
1) Identify key changes concerning
administration in the field of national
security, which took place during martial
law.
2) To analyze problematic issues that arise
during management in the field of national
security under martial law.
3) To find out the ways of transformation of
public administration during martial law and
to determine the necessary measures to
ensure such transformation.
Theoretical Framework or Literature Review
Bilous-Osin (2021) analyzed public
administration in the field of scientific activity.
In particular, it was established that public
administration in the field of scientific activity
should relate to the regulation of public relations,
which can be subjected to managerial influence
and differentiated (conditionally) as follows:
public relations regarding the direct conduct of
scientific activity; public relations regarding the
creation of conditions for increasing the
effectiveness of scientific research and the use of
their results to ensure the development of all
spheres of social life; social relations regarding
the creation of conditions for carrying out
scientific activities. It was established that
regardless of the type of social relations in the
field of scientific activity, the goal of public
administration in this field will be their proper
arrangement in accordance with the existing
model of scientific activity and generally
accepted international standards to ensure public
interest.
The issue of security sector management is
considered in the work of Honcharenko (2020).
It was established that the security and defense
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sector of Ukraine consists of four interrelated
components: security forces; defense forces;
defense industrial complex; citizens and public
associations that voluntarily participate in
ensuring national security. It was determined that
other state bodies and local self-government
bodies carry out their functions to ensure national
security in cooperation with bodies that are part
of the security and defense sector.
The specifics of state regulation of subsoil use
relations as an example of successful public
administration were analyzed by Makarenko
(2014).
Makushev (2021) analyzed the place of bodies of
special competence in the system of public
administration entities in the field of intellectual
property in Ukraine.
Mangora (2019) investigated the specifics of the
activities of bodies of special competence that
supervise and control agriculture.
The challenges facing the national security of
Ukraine in connection with the presence of a
large shadow sector of the economy were
investigated by Kolomoiets, Tsybulnyk, Moroz,
Prymachenko, & Khashev (2021).
Tkalych & Arbelaez-Encarnacion (2022)
analyzed the challenges for the national security
of Ukraine and other countries of the world in
connection with Russian aggression against
Ukraine and the unstable political, economic,
social and environmental situation in the world in
general.
The article by Shevchuk (2021) examines the
peculiarities of regulation of the security sector
of Ukraine as an object of public administration.
Signs and types of public administration of the
security sector of Ukraine have been established.
The author states that the implementation and
development of the public administration of the
security sector of Ukraine are determined by the
obligations, which were taken due to the
Association of Ukraine with the European Union,
the Sustainable Development Strategy "Ukraine-
2020" and the Concept of Development of
Security and Defense of Ukraine, National
Security Strategy of Ukraine (Decree
No. 392/2020, 2020) and other legal acts. The
author concluded that public administration is the
organizational and administrative activity of
subjects of public administration, which is
regulated by legislation and aimed at ensuring
and realizing public interests.
The object of Yakovlev's research (2015) was
public administration in the field of state customs
affairs. Some problematic issues of public
administration are considered by Mekh,
Slavytska, Bilak, Georgiievskyi, & Maslova
(2023).
Methodology
During the conducted research, the method of
analysis was used, which consists in
decomposing the subject into its components.
This method helped to understand the influence
of martial law on changes in public
administration in the field of national security
and, in general, made it possible to determine the
signs and properties of public administration and
to highlight the relationship, therefore to consider
the peculiarities of solving strategic tasks of state
bodies, enterprises, institutions, organizations,
taking into account the complex of external and
internal influencing factors and development
trends in a competitive environment in the field
of national security.
The application of the method of observation and
study of documents made it possible to
understand the peculiarities of public
administration and its peculiarities in the field of
national security. The method of studying
documents was used to get acquainted with the
object of the study. In particular, both regulatory
and legal acts regulating the implementation of
martial law, as well as separate decisions of the
National Security and Defense Council of
Ukraine, acts of foreign legislation, and
international legal acts regulating issues of
security and national defense were analyzed. The
observation method, as a method consisting of
purposeful and organized perception and
registration of the behavior of the object under
study, made it possible to study public
administration directly in new conditions, as well
as to compare the implementation of public
administration in the pre-war period and in the
period of martial law.
The modeling method as a method of researching
various phenomena and processes, and
developing options for management decisions
through the replacement of real objects with their
conditional samples, and analogs helped to
simulate transformations of public self-
government in the field of national security.
Thus, the modeling method describes the
structure of the object (static model), and the
process of its functioning and development
(dynamic model), and such a model reproduces
the properties, connections, and trends of the
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studied systems and processes, which makes it
possible to assess their condition, make a forecast
and an informed decision.
The use of logical methods played an important
role in drawing conclusions at the level of
thinking and consciousness, in particular,
drawing conclusions about problematic issues
regarding public administration under martial
law, as well as about mechanisms for ensuring
national security.
Results and Discussion
Public administration is a category used to denote
a special kind of power-administrative influence.
Qualitative public administration is an
independent type of state activity, which has an
organizing, executive-administrative, sub-legal
character, of a special group of state bodies
(officials) regarding the practical implementation
of tasks and functions of the state in the process
of everyday and direct management of the
economic, socio-cultural and administrative
political spheres to ensure public interests, not
state interests (Yakovlev, 2015); activity aimed
at ensuring the public interest and which is
objectified into those forms that can be applied to
regulate various types of social relations in an
informationally accessible way for citizens
(Bilous-Osin, 2021).
The sphere of national security has a number of
features that determine the content of public
administration. Among them are the following:
1) national security is a concept that reflects the
state of protection of national identification
within the established sovereignty and
territorial integrity of the state, the existing
democratic constitutional system and taking
into account the national interests of
Ukraine;
2) national security is a complex elemental
phenomenon that includes: state security,
military security, public security, cyber
security, foreign policy security,
environmental security, information
security;
3) in the legislation of Ukraine, the "sphere of
national security" is considered inseparable
from the "sphere of defense" (for example,
in the Law of Ukraine "On National
Security" (Law No. 2469, 2018).
Thus, public administration in the field of
national security is the activity of authorized
subjects of public authority, the content of which
is manifested in the agreed arrangement of social
relations that are formed during the provision of
security of national identification within the
established sovereignty and territorial integrity of
the state, the existing democratic constitutional
order and taking into account the national
interests of Ukraine through the use of
specifically defined methods and forms by
sector.
After the unannounced attack of the Russian
Federation on Ukraine, our state was forced to
radically change its approach to administration in
the field of national security.
Ukraine had to decline the traditional principles
and methods of public administration and
consideration of international standards in the
specified sphere. This fact is confirmed by the
provisions of the National Security Strategy of
Ukraine "Human security – the security of the
country" (Decree No. 685/2021, 2021), which
determine the priority integration of Ukraine into
the European political, economic , security, legal
space, acquisition of membership in the
European Union and the North Atlantic Treaty
Organization; Strategies for ensuring state
security (Decree No. 56/2022, 2022), which are
among the priority directions for ensuring state
security - "...use of all available mechanisms of
the UN, Council of Europe, OSCE, other
international organizations to consolidate
international support for Ukraine in countering
Russian aggression, restoring territorial integrity
and state sovereignty of Ukraine; development of
relations with the United States of America, the
United Kingdom of Great Britain and Northern
Ireland, Canada, the Federal Republic of
Germany, the French Republic, neighboring and
other states, as well as with international
organizations to ensure international security and
counter common challenges and threats,
minimizing their impact on Ukraine;
development of a special partnership with the
North Atlantic Treaty Organization with the aim
of gaining full membership of Ukraine in
NATO".
In order to achieve the set goals, national
legislation should take into account the ideas
contained in the Strategic Compass of the
European Union on security and defense
(European Parliament, 2023). Thus, the main
goal of streamlining national security is to ensure
political leadership and implementation of
"strategic autonomy" in the following directions:
a) crisis management;
b) stability;
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c) opportunities, and partnership relations
(Access to European Union Law, 2017).
A combination of soft and hard policy is
characteristic - security and defense tools are
used simultaneously with diplomacy, sanctions,
and cooperation.
Specific measures covered by public
administration in the field of national security in
the context of military escalation should be:
increasing defense cooperation to strengthen
security in the European region; increasing
defense spending, improving the interoperability
of forces and joint development of defense
capabilities; ensuring cooperation and achieving
specific results under PESCO projects aimed at
developing new capabilities (for example, in the
air and maritime spheres), providing training and
support for military forces (for example, medical
command) or unifying experience in certain
areas (for example, in the cyber domain);
creating synergies with other defense initiatives;
ensuring cooperation within the framework of
individual PESCO projects on specific issues
(The Diplomatic Service of the European Union,
2023).
In addition, as a condition for the implementation
of the necessary changes in the regulation of the
security sphere for the purposes of qualitative
managerial influence, it is separated from the
sphere of defense and the introduction of
appropriate changes to the Law of Ukraine "On
National Security".
According to international standards, proper
public administration in the field of national
security will be considered to be that which
meets the following criteria:
1) the ability to ensure security is guaranteed
by a professional apparatus in compliance
with the principle of the rule of law;
2) representing the interests of the population
in general, taking into account the gender
aspect;
3) openness of information related to national
interests;
4) available national program documents that
determine the policy in the field of national
security and its components;
5) accountability of bodies ensuring national
security to democratically elected
institutions of public power;
6) integration of subjects of the national
security sector into regional and
international security frameworks (Central
fot Integrity in the Defence Sector, 2021).
We can conclude that management standards in
the field of national security have been partially
met in Ukraine. However, there are some issues
which should be resolved in the conditions of
martial law. Tus we should find out the ways of
transformation of public administration during
martial law and to determine the necessary
measures to ensure such transformation.
First, compliance with the principle of the rule of
law in the field of national security is possible
provided that security institutions meet the
expected standards of official activity and
behavior in accordance with laws, political
foundations, practices, and relevant socio-
cultural rules. In order to achieve the idea of the
rule of law, it is necessary to use resources in an
appropriate and efficient manner with the help of
appropriate budget management through the
application of the most transparent procedures.
At the same time, it is about meeting the security
needs of all citizens, regardless of gender,
ethnicity, religion, age, or income level.
Secondly, gender equality in the regulation of
relations in the field of national security needs
national legalization. In general, gender equality
involves taking into account the interests, needs,
and priorities of both women and men and
recognizing the diversity of different groups of
women and men. A common feature of all
modern security management programs is the
inclusion of gender issues in the policies and
practices of security structures, which ensures
that they have a fundamental readiness to meet
the security needs of all citizens. A negative
factor is the absence of an indication of ensuring
gender equality during service in state bodies as
a whole in the State Strategy for Ensuring Equal
Rights and Opportunities of Women and Men for
the period until 2030 and approval of the
operational plan for its implementation for 2022-
2024 (Order No. 752-r, 2022). It is appropriate to
recognize gender equality as the basis of policy
in the field of national security and its
implementation.
Thirdly, ensuring the openness of information,
among other things, is ensured by the use of
information and telecommunication
technologies. At the same time, the openness of
information must correspond to the information
security of the state. At the constitutional level,
the stated thesis is confirmed by Article 17,
which defines ensuring information security as
one of the most important functions of the state
(Law No. 254k/96-VR, 1996). Special provisions
relating to information security are contained in
the Information Security Strategy, the provisions
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of which determine existing and potential threats
to information security, as well as ways of
solution. Specially authorized entities operate in
Ukraine to ensure information security, for
example, the Center for Combating
Disinformation and the National Coordination
Center for Cyber Security under the Council of
National Security and Defense of Ukraine, the
National Center for Reserving State Information
Resources. The latter ensures the reliability and
uninterrupted operation of state information
resources, storage of state electronic information
resources, backup of information, and
information of state electronic information
resources of state bodies, military formations
(except for the Armed Forces and the Main
Directorate of Intelligence of the Ministry of
Defense), formed in accordance with laws,
enterprises, institutions, and organizations
(Resolution No. 94, 2021).
As for the national program documents that
determine the policy in the field of national
security and its components, in Ukraine, a
significant sectorization of national security has
been carried out by distinguishing: the military
security strategy of Ukraine, the cyber security
strategy, the strategic defense bulletin, the public
safety and civil defense strategy of Ukraine, the
defense development strategy of the non-
industrial complex of Ukraine (Law No. 2469,
2018).
Separately, we note that control over the national
security sector should be implemented through
parliamentary control (openness of policy in the
field of public defense and security, ensuring
access to military budgets, the inclusion of civil
society in debates on issues covering the security
sector, control over intelligence services, arms
control, anti-corruption policies, and regulations,
as well as international standards and
conventions); financial regulators (planning and
budgeting, financial management, transparency,
regulation of secret budgets, auditing); human
resources (for example, personnel management,
codes of conduct, conducting training on the
education of integrity) (Central fot Integrity in
the Defence Sector, 2021).
Thus, public administration in the field of
national security must follow the general
principles of public administration - the rule of
law and good governance and international
standards in the field of national security -
compliance with gender equality, the openness of
information about the state of national security,
implementation of democratic control over
public institutions, sectorization of the sphere of
national security, the combination of
globalization trends in the field of national
security with national interests.
Subjects of public administration are authorized
by public institutions that implement a set of
economic, motivational, organizational, and
legal means of purposeful influence on a certain
sphere of public relations. The set of subjects of
public administration forms an institutional
mechanism.
Within the scope of administrative executive
activity, it is possible to single out:
a) bodies of general competence that regulate
social relations as a whole, for example, the
Verkhovna Rada of Ukraine, the President
of Ukraine, the Cabinet of Ministers of
Ukraine (Mangora, 2019);
b) bodies of special competence, which
perform specific tasks in a certain sphere of
public relations (Makarenko, 2014;
Makushev, 2021).
The national security of the state is institutionally
ensured through the activities of authorized
subjects - a system of state institutions formed in
accordance with the laws of Ukraine, military
formations, law enforcement, and intelligence
agencies, state bodies of special purpose with law
enforcement functions, civil defense forces, the
activities of which are functionally aimed at
protecting national interests of Ukraine from
threats, as well as citizens and public associations
that voluntarily participate in ensuring the
national security of Ukraine.
The system of subjects of public administration
in the field of national security is formed as
follows:
1) subjects of general competence that manage
the security sector: the President of Ukraine,
the Cabinet of Ministers of Ukraine;
2) subjects of special competence: the National
Security and Defense Council of Ukraine,
the Ministry of Defense of Ukraine, the State
Special Transport Service, the Ministry of
Internal Affairs of Ukraine, the National
Guard of Ukraine, the National Police of
Ukraine, the State Border Service of
Ukraine, the State Migration Service of
Ukraine, the State Service of Ukraine for
emergency situations, the Security Service
of Ukraine, the Court Security Service, the
State Security Office of Ukraine, the State
Service for Special Communications and
Information Protection of Ukraine, the
intelligence agencies of Ukraine, the central
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body of the executive power that ensures the
formation and implementation of the state
military-industrial policy.
Specially authorized subjects of power in the
field of national security can be classified
depending on the specific sector of national
security. For example, with regard to information
security, the Center for Combating
Disinformation, the National Center for
Reserving State Information Resources, and the
State Service for Special Communications and
Information Protection of Ukraine will be
included in the subjects of special competence.
Attention should also be paid to the fact that in
the system of public administration entities that
regulate public relations regarding national
security, the role of local public institutions, such
as local self-government bodies, is practically
minimized. Normatively, they have the
possibility of performing the function of ensuring
national security exclusively in cooperation with
the bodies that are part of the security and
defense sector (Law No. 2469, 2018).
According to the internationally recognized
principles of organizing the sphere of national
security, each of the authorized subjects must
have a clear place in the institutional system and
implement certain measures (National security
policy, 2023). In this context, the status of the
Ministry of Defense of Ukraine as the central
body of executive power, which ensures the
formation and implementation of state policy on
national security issues, is questionable. This is
related to the predominant consolidation of
powers, aimed at defense (for example, ensuring
the formation and implementation of state policy
on national security issues in the military sphere,
the spheres of defense and military construction
in peacetime and a special period;
implementation of military-political and
administrative leadership of the Armed Forces;
ensuring the formation and implementation of
state policy with issues of national resistance)
(Resolution No. 671, 2014). The establishment of
a central body of executive power, which will
ensure and implement state policy in the field of
national security, will contribute to the
systematic and orderly performance of tasks
covering the policy of protection of state
sovereignty, territorial integrity, democratic
constitutional order, and vital national interests.
The peculiarity of institutional support in the
field of national security lies in the key role of the
President of Ukraine as a subject of general
competence and regulator of the activities of the
National Security and Defense Council of
Ukraine. Determining the status of the National
Security Council as a state body that is not
assigned to any branch of government does not
reduce the role of this body in ensuring national
security both in peacetime and during martial law
(Law No. 183, 1998). The NSDC's legalization
of the practice of using digital technologies in
regulating public relations in the field of national
security is progressive. For example, regarding
the improvement of the network of situation
centers and the digital transformation of the
sphere of national security and defense
(Decree No. 260, 2021), the use of the
information and analytical system of the Main
Situation Center of the country "SOTA"
(National Security and Defense Council of
Ukraine, 2023).
The specifics of the institutional support of
public relations in the field of national security
are the absence of a specially authorized body of
the executive power, which exclusively
implements policy in the field of national
security; the subordination of local public
institutions in regulating issues related to
national security; the key importance of the role
of the President of Ukraine as a subject of general
competence and regulator of the activities of the
National Security and Defense Council of
Ukraine; the possibility of gradation of specially
authorized subjects of power depending on the
specific sector of national security.
Conclusions
As a result of the research:
1) The model of public administration in the
field of national security that meets the
requirements of martial law has been
studied. The task of the article has been
fulfilled and it has been determined that
public administration in the field of national
security is the activity of authorized subjects
of public authority, the content of which is
manifested in the agreed arrangement of
social relations, which are formed while
ensuring the security of national
identification within the established
sovereignty and territorial integrity of the
state, the existing democratic constitutional
system and taking into account the national
interests of Ukraine by applying specifically
defined ways, methods, forms on a sectoral
basis. The expediency of Ukraine taking into
account the directions of reforming
managerial influence on public relations in
the field of national security, which is
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recognized at the level of the European
Union, is substantiated.
2) It has been established that management
standards in the field of national security are
partially observed in Ukraine. It was
concluded that public administration in the
field of national security should follow:
general principles of public administration –
the rule of law and good governance;
international standards in the field of
national security – compliance with gender
equality, the openness of information
regarding the state of national security,
implementation of democratic control over
public institutions, sectorization of the field
of national security, combination of
globalization trends in the field of national
security with national interests.
3) It is noted that the specificity of the
institutional support of public relations in the
field of national security consists in: the
absence of a specially authorized body of the
executive power, which exclusively
implements policy in the field of national
security; the subordination of local public
institutions in regulating issues related to
national security; the key importance of the
role of the President of Ukraine as a subject
of general competence and regulator of the
activities of the National Security and
Defense Council of Ukraine; the possibility
of gradation of specially authorized subjects
of power depending on the specific sector of
national security. In order to implement the
proper doctrine of national security, it is
expedient to form a central body of
executive power on national security issues.
From this, it can be seen that the tasks of
scientific research have been achieved.
Regarding further scientific research, we
consider it necessary to study the foreign
experience of public administration in the field of
national security in martial law and perform a
comparative legal analysis.
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