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FOREIGN EXPERIENCE OF LEGAL ENSURING THE FUNCTIONING OF TERRITORIAL DEFENSE THE LEADING

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 75)

Publication Date:

Authors : ;

Page : 51-56

Keywords : territorial defense of the state; Territorial Defense Forces of the Armed Forces of Ukraine; legal regulation; system of state-wide; military and special measures; model of territorial defense;

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Abstract

Introduction. Introduction. The development of the system of territorial defense of Ukraine continues throughout the historical path of our state and is currently implemented in the Law of Ukraine «On the Basics of National Resistance» adopted on July 26, 2021 [1]. The law entered into force in January 2022, and already on February 24, 2022, a large-scale invasion of the Russian Federation took place. In the conditions of armed aggression, it became clear that TrO as a system of nationwide, military and special measures has a number of problematic issues. So, for example, the question of the formation and implementation of the tasks of the Council of Ministers became acute, and there was a need to clarify or revise them. Therefore, at present, it is relevant to study the foreign experience of the functioning of the territorial defense in those states that are currently participants in the North Atlantic Treaty, taking into account the intention of Ukraine's membership. Such states, first of all, can be Poland and the Baltic states, namely, Latvia, Lithuania and Estonia. Ukraine is connected with them not only by a common historical past, similar threats from the encroachment of the aggressor country, but also by the fact that the mentioned states are partners and allies of Ukraine and have consistently provided multi-level assistance and support to Ukraine since the first days of the full-scale invasion of the Russian Federation. Purpose. The purpose of the research is to study the modern experience of foreign countries-partners in the creation, ensuring the functioning and development of ТРО, the study of ensuring the implementation of ТРО practical measures in foreign countries, solving the problems of legal regulation of ТРО states, finding ways to improve the existing and directions for the development of one's own promising model. Materials and methods. The research materials are: 1) regulatory and legal support of the Ministry of Defense of Ukraine; 2) works of domestic authors conducting their scientific and practical research in the field of legal regulation of ТРО; 3) materials of foreign and Ukrainian online publications about the functioning of the TrO. The research on the systems of foreign countries' TrO was carried out according to the system of general scientific methods of theoretical and empirical research: analysis, synthesis, systematization, generalization, logical and comparative methods. Results. In the scientific article, a search was made for directions for improving the legal regulation of the Defense Ministry as a component of national resistance during the comprehensive defense of the state. The experience of Poland and the Baltic countries in the issue of legal regulation of the preparation, organization and application of the territorial defense was analyzed. The tasks and powers of the forces and means of the defense sector, state bodies and local self-government bodies, which are involved in the implementation of the tasks of the Security Council in these countries, have been clarified. The current state of legal regulation of the Treaty of Ukraine at the current stage is considered. Existing problems related to the implementation of foreign experience in the operation of territorial defense were revealed. Practical proposals have been developed based on the noted experience of other countries, which will contribute to the improvement of legal regulation, which will allow to increase the effectiveness of the state's peacekeeping operations in conditions of armed conflict. Discussion. In further scientific studies, it is suggested to pay attention to the existence of a number of problems and unresolved issues in the field of legal regulation of the territorial defense.

Last modified: 2024-12-17 21:59:15