The concept of administrative and legal means of ensuring the formation and implementation of state policy in the field of defence of Ukraine
Abstract
The article proves that legal means are an instrumental category of law, which consists of normatively defined practical actions, methods, operations and measures of law enforcement, which are applied in an established, formalised manner by subjects of social and legal relations in order to achieve legitimate interests and fulfil certain and guaranteed rights and obligations imposed on them. The essence of administrative and legal means of ensuring the formation and implementation of state policy in the field of defence of Ukraine and their features are clarified. Methodology. The scientific research is based on both general and special methods of scientific knowledge. In particular, the method of documentary analysis, formal legal and analytical methods have been used in the process of analysing the provisions of individual regulatory legal acts, in particular the laws of Ukraine, as well as the works of domestic scientists, in which individual provisions of regulatory legal acts are critically analysed. Structural-logical and system-functional methods have been used to analyse the features of administrative and legal means of ensuring the formation and implementation of state policy in the field of defence of Ukraine. Results. The article clarifies that administrative and legal means of ensuring the formation and implementation of state policy in the field of defence of Ukraine are a system of practical actions, methods, operations and measures of an administrative nature regulated by law, which are used by the relevant entities in order to exercise the public-law powers entrusted to them regarding the organisation of conditions and direct implementation of the state defence policy. It is substantiated that the features of such administrative and legal means are the following: they are used exclusively by entities of power within the framework of their implementation of management functions in the field of defense and are of an imperative nature; are based on the norms of administrative law and are implemented through clearly defined legal forms, procedures and administrative regulations; ensure the consistency of actions of state authorities, military administration and other authorised entities in the process of forming and implementing defense policy; cover a set of legal instruments (administrative acts, management procedures, permits, prohibitions, regulations, control and supervisory measures) that are used in conjunction; the use of such means is subordinated to ensuring defense capability, national security and the implementation of strategic decisions in the field of defense; are implemented within the framework of a system of vertically built management relations, which is characteristic of the defense sphere; a significant part of these means is aimed at preventing violations, ensuring discipline and proper law and order in the field of defense; provides for a special regime of control, supervision and responsibility on the part of the state.
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