ПРАВОВІ ВИМІРИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ В ТЕОРІЇ АДМІНІСТРАТИВНОГО ПРАВА

Abstract

The article considers the issue of the theory of public safety from the standpoint of the science of administrative law. Doctrinal approaches to ensuring public safety are defined. The concepts of national and public security are distinguished. The legal features of the category of public safety are systematized from the standpoint of the theory of social management.

National security as an element of the governance mechanism is a state of protection of vital interests of individuals, social groups, society as a whole, as well as the system of social values (such as security of the individual and society, legality and legal protection, democracy and people's sovereignty, pluralism and free struggle ideas and interests, peace and harmony in society, etc.) from internal and external threats of political, economic, social, environmental and other nature, protected by administrative law.

The main public interest is to ensure the security of each individual, ensuring the well-being, stability of institutions that guarantee democracy, security and sustainable development of society, which, in turn, allows for greater control over social processes and their purposeful regulation.

The place, role and priority of each of these elements are determined by the circumstances that are actually formed in a certain period of time inside and outside the state. As the objective situation changes, its various components can become vital.

National security is defined by us as the protection of vital interests, citizens, society in the state, i.e. a certain state, which ensures sustainable and progressive development of society, as well as actions to identify, prevent and neutralize real and potential threats to the legitimate interests of individuals and legal entities. protected by administrative and legal norms.

An analysis of the definitions of national security proposed by scholars in the field of administrative law leads us to the following logical conclusions: first, national security is seen as an object concept that is reflected through the categories of administrative law; secondly, the main threats are military action, the activities of special services of other countries and certain criminal groups; thirdly, ensuring the absence of threats to national security is carried out through the active work of the executive branch.