Year: 2025
Type: article
Abstract: The article presents a comprehensive study of the principles underlying the organization and operation of the National Guard of Ukraine–a military formation with law enforcement functions that constitutes an integral part of the state’s security and defense sector. The principles are examined as fundamental foundations that ensure coherence, legal certainty, and operational effectiveness of this military formation under martial law.The author analyzes the content of the current Law of Ukraine «On the National Guard of Ukraine» with particular focus on Article 3, which formally defines the basic principles of the Guard’s activities.The study demonstrates that the current wording does not fully reflect the practical needs and legal realities of the National Guard’s functioning and lacks sufficient normative clarity for the proper exercise of its powers. Some of the principles are overly general or duplicate general legal provisions, without considering the dual nature–military and law enforcement–of the institution.The article proposes expanding the list of principles governing the organization and activities of the National Guard of Ukraine, guided by international practice in the functioning of similar formations, principles of democratic oversight, responsiveness to emergencies, and the rule of law. The author substantiates the necessity of amending the current legislation, in particular by introducing a revised version of Article 3 of the Law, which would include a systematized list of principles updated in accordance with modern security challenges.The study concludes that updating the principles of the National Guard’s activity would not only improve its legal status but also enhance its interaction with other entities in the security and defense sector, ensure public order, protect the constitutional system, and safeguard citizens’ rights and freedoms.The proposed provisions may serve as a basis for further legislative modernization and unification of approaches to the regulation of security sector institutions.
Author: D. Shleha
Institution: Donetsk State University of Internal Affairs
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412499712