Features of application of the Law of Ukraine «On Administrative Procedure» in the field of national security and defense
Year: 2025
Type: article
Abstract: The article is devoted to exceptions from the scope of the Law of Ukraine «On Administrative Procedure» namely, to relations arising during the application of the legislation on national security and defense, that is, related to the adoption of individual decisions based on the results of consideration of a particular case in this area. The purpose of the scientific article is a general description of relations in the field of national security and defense and the allocation of specific varieties of individual decisions made according to rules different from the general administrative procedure. It is emphasized that the legislative definitions of both national security and defense are unclear, which in practice can lead to a biased expansion of the circle of legal relations, which will not be subject to the guarantees of the Law of Ukraine «On Administrative Procedure.» Analysis of legislation in the field of national security and defense, allowed the author to identify the types of individual decisions that can be taken in the area under consideration and that are not related to the subject of regulation of the NAP. These include acts aimed at: 1) improving the structure, clarifying the tasks and functions of the Armed Forces of Ukraine and other military formations, ensuring the necessary number of their personnel, as well as their development, training and maintenance at the proper level of combat capability, combat and mobilization readiness for the defense of the state, planning their use; 2) protection of the state border; 3) implementation of certain measures of the legal regime of martial law; 4) attribution of information to state secrets, classification, declassification of its material carriers and protection of state secrets; 5) the exercise by individual authorities in the field of national security. The adoption of all these decisions should be determined by the protection of important national interests. Relations that only indirectly relate to the sphere of national security and defense, but which are subject to the Law of Ukraine «On Administrative Procedure» include: those related to bringing a person to administrative responsibility, regardless of the object of misconduct and the case of social security of military personnel and their families. The article concludes that it is necessary to clearly define the boundaries of the sphere of national security and defense in order to prevent violations of the rights and legitimate interests of a person.
Author: O. M. Soloviova
Institution: Yaroslav Mudryi National Law University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943784