State Safety as an Object of Legal Protection in Ukraine

Abstract

The article is designed to determine the state of statutory regulation for preventing state safety violations. The methods of scientific cognition, both general and specialized, were used to achieve the defined aim, where the central place was occupied by dialectic and structural-logical methods, synthesis, and analysis. The study shows that the basis of the approach researchers in administrative and legal sciences advocate is the inextricable relationship between national security and defense. Furthermore, it is crucial to establish the content of state security to determine the nature of this approach. The effectiveness of the implemented military defense measures is equal to the extent of the country's defense capability. The study substantiates that the concept of defense in relation to state security is defined as the implementation of measures to prevent and repel an attack on the country’s territory. The article concluded that defense should be interpreted within the substantive, competent, and organizational and legal approaches. The substantive approach defines defense as a set of certain military actions to overcome an internal conflict or an external attack. According to the competent approach, defense is a range of powers of authorities that must be exercised to ensure the defense capability of the state and certain territories (the territories of state borders, the coast of the territorial sea, and internal marine resources). The organizational and legal approach considers defense a set of normative provisions defining the rights and obligations of participants in defense legal relations, the object and subject of such a sphere of legal regulation. The state security functions are substantiated to be performed constantly and under martial law or in the absence of a military threat. These functions are associated with the adoption of comprehensive measures to protect the state interests in areas of economy, social regulation, spiritual and cultural growth, environmental protection, etc.