FORMATION OF LEGAL POLICY IN THE FIELD OF SECURITY AND DEFENSE OF UKRAINE: CHALLENGES, PRIORITIES, AND IMPLEMENTATION MECHANISMS
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Abstract
The relevance of the topic of legal policy-making in the field of security and
defense of Ukraine is due to the complexity of the security environment in which
the State operates, primarily due to the armed aggression against Ukraine,
intensification of hybrid threats, and the need to adapt national legislation to
NATO standards and the legal system of the European Union. The article examines
the theoretical and methodological foundations of legal policy as a holistic
strategy of the State aimed at ensuring national security through a developed
system of legal norms, institutions and administrative mechanisms. The author
substantiates that legal policy in this area should comply with the principles of
consistency, legitimacy, responsibility and legal certainty, and should be capable
of adaptation in the face of dynamic changes in internal and external threats. The
author highlights the key challenges for lawmaking and law enforcement
activities, including regulatory fragmentation, problems of balancing security
needs and human rights, and threats of excessive militarization of the legal space.
Attention is focused on the strategic priorities of legal policy, among which the
most important are strengthening parliamentary control, effective functioning of
civilian oversight institutions, creation of a single regulatory platform for the
security sector, and digital transformation of management decisions. The
mechanisms for implementing this policy at the level of legislative, institutional
and managerial support are revealed, taking into account the practical aspects of
the functioning of the security sector under martial law. The author emphasizes
the need to develop a long-term model of legal policy aimed at protecting
democratic values, ensuring the constitutional order and guaranteeing the
stability of public administration in the field of security and defense.
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