Volume 11 - Issue 60
/ December 2022
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DOI: https://doi.org/10.34069/AI/2022.60.12.5
How to Cite:
Nakonechna, I., Blahodarnyi, A., Servatiuk, L., Makarchuk, V., & Kobko, V. (2022). Framework of national security actors of
Ukraine in the context of European integration. Amazonia Investiga, 11(60), 47-52. https://doi.org/10.34069/AI/2022.60.12.5
Framework of national security actors of Ukraine in the context of
European integration
Система суб’єктів забезпечення національної безпеки України в умовах
євроінтеграції
Received: December 3, 2022 Accepted: December 30, 2022
Written by:
Nakonechna Iryna20
https://orcid.org/0000-0001-9405-4621
Blahodarnyi Andrii21
https://orcid.org/0000-0001-5326-3646
Servatiuk Liudmyla22
https://orcid.org/0000-0003-2302-4729
Makarchuk Vitalii23
https://orcid.org/0000-0002-9099-8921
Kobko Vasyl24
https://orcid.org/0000-0002-3586-8219
Abstract
The aim of the article is to identify the system of
actors for ensuring Ukraine’s national security in
the context of European integration. The subject
matter is entities providing national security.
Methodology. The methodological base for the
Article is the combination of tools and
approaches of scientific knowledge, in particular:
dialectical, examination, systematic, systemic,
structured and operational, historic law, relative,
comprehensive. Research results. It is
determined that “system” is a certain aggregate,
which consists of a certain multitude of elements
between which a relationship exists to achieve
the objectives. Practical meaning. It is
established that the framework of actors
implementing national security of Ukraine in the
context of European integration is a complex
symbiotic and interdependent legal entity, an
element of the system of its provision and a
component of the corresponding administrative
and legal sheme, which is objectified by the
totality of state authorities and individual non-
state subjects, which implement measures
20
Candidate of Legal Sciences, Associate Professor, Professor of the Department of General Law Disciplines of the National Academy
of Security Service of Ukraine.
21
Doctor of Legal Sciences, Senior Researcher, Professor of the Department of General Law Disciplines of the National Academy o
f Security Service of Ukraine.
22
Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of General Legal Disciplines of the
National Academy of the Security Service of Ukraine.
23
Candidate of Legal Sciences, Doctoral Student of the Scientific Institute of Public Law, Ukraine.
24
PhD in Law, Associate Professor, Professor of Fire Prevention and Safety of Population Department of the Institute of Public
Administration and Research in Civil Protection of the State Emergency Service of Ukraine.
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provided for by legislation to create in Ukraine.
Value/originality. It is proven that ensuring
national security with regard to the European
integration in the institutional aspect has two
dimensions: on the one hand management and
implementation, and on the other – promotion.
Keywords: actors, European integration,
national security, protection, security, system.
Introduction
The issues of sustainable development have
always attracted the attention of scientists from
various spheres of social life. But they became
most relevant at the end of the 19th century, when
they began to be actively discussed at various
international platforms, including within the UN.
In September 2015, the UN General Assembly
held the Summit on Sustainable Development,
which resulted in a document entitled
“Transforming our world: an agenda in the field
of sustainable development until 2030”, in which
17 Sustainable Development Goals were
approved and 169 tasks for their achievement
were defined. Ukraine, like other countries of the
European Union, joined the global process of
ensuring sustainable development in 2015
(United Nations Ukraine, 2022), and in January
of the same year adopted the “Sustainable
Development Strategy “Ukraine 2020” (Order of
the President of Ukraine No. 5/2015, 2015), in
which, along with other defined vectors of
Ukraine’s sustainability, security issues were
indicated as the first priorities of the steady
development. After all, the European integration
process that Ukraine has initiated, requires
ensuring the security of the state, business and
citizens, as well as investments and private
property safety. In addition to the above, it
should become a State capable of protecting its
borders and ensuring peace not only on its
territory, but also in the European region (Bekh
& Tulenkov, 2015, p. 10).
In order to achieve the specified ambitious goals
for sustainable development in the area of
national security, it is necessary to ensure the
functioning of the institutional component, i.e. to
create a stable system of national security actors,
especially during the active stage of the European
integration process. Thus, the purpose of the
article is to determine the system of actors for
ensuring Ukraine’s national security in this
context.
Methodology
The methodological base for the Article is the
combination of tools and approaches, the choice
of which was determined by the specificity of the
theme and objectives, taking into account its
object and subject.
In particular, dialectical method made it possible
to conduct a comprehensive analysis of the
framework of national security actors as an
objectively existing phenomenon and to identify
its specificities and features with regard to the
European integration.
The application of examination and systematic
approaches helped to investigate the main
elements of the framework of entities in the
studied area, their relations and to carry out an
analysis of the category of sheme as a whole, to
formulate the concept “system of national
security of Ukraine actors in the context of
European integration”, and to examine its
character.
The use of structured and operational method
assisted in the investigation of the powers of
authorized actors in the implementation of
national security of Ukraine.
Historic law method was exploited in the analysis
of the historical development of the term
“system”, as it first appeared in ancient Greece
2500 – 2400 years ago and since then has been
constantly improved.
Relative approach was applied in the
investigation of theoretical justification of the
issue under consideration by a number of
scholars.
Comprehensive approach was helpful in the
detailed consideration of the researched
institution of as a legal category, the study of its
essence and content.
Nakonechna, I., Blahodarnyi, A., Servatiuk, L., Makarchuk, V., Kobko, V. / Volume 11 - Issue 60: 47-52 / December, 2022
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Literature Review
More than 40 different definitions of the term
“system” are found in the scientific literature. All
of them, depending on the approach, can be
divided into three groups (Kovalenko, Bidiuk &
Hozhyi, 2004). The most numerous definitions
are provided by authors who use systemic
approach to interpret the term. And the main
components of this approach are “elements”
(Panarchy, 1968), “relations” (B. Miller) (Miner,
2007), “connections” (Oliinyk & Shatska, 2006),
“whole” and “integrity” (Dudnyk, 2010).
It should be noted that the term “system” first
appeared in Ancient Greece (2500 –2400 years
ago) and meant “combination”, “organism”,
“organization”. The metaphorization of the word
“system” was initiated by Democritus (460 – 360
BC). There followed a further universalization of
the word, giving it a general content, which made
it possible to use it for both physical (material)
and artificial objects. That is, in ancient
philosophy the term «system» characterized the
order and integrity of natural objects (Kustovska,
2005, p. 15).
Some scientists, supporters of antiquity, equated
the system with order and contrasted it with
chaos. One of their representatives, Beer (1972),
created a pattern of organizational framework of
a viable organism or a self-contained sheme. He
believed that sustainable system is any
arrangement created to fullfil the requirements of
survival in shifting surrounding medium. One of
the main characteristics of viable systems is that
they can adapt to changing environmental
conditions. An autonomous system means a
model of a viable system that can be applied to
an organization that is a sustainable sheme and
has the potential to indepence. That is, in order
for the system to be viable, or in other words,
sustainable, it must constantly change and adapt
to changing environmental conditions.
Results and Discussion
The organizational approach and management
stability are important for the success of any
system of actors. After all, any complex system
that is related to social problems needs an
effective and simple management scheme: this is
necessary to achieve the greatest effect with
minimal effort (principle of «minimax»).
National security around the world and in
Ukraine in particular, is complex one as it
includes a number of subsystems and
components, and at the same time it is special
system, since it is included in a separate sphere
of public life and specialized actors are identified
from other relevant bodies (Bidenko, 2006,
p. 128).
Accordingly, the category “system of national
security actors” is closely related to the notion of
“security management system” as a more general
(Tarasiuk, 2020, p. 119). At the same time, at the
scientific and doctrinal level, sometimes they are
revealed one through the other almost identifying
content. As an example, Тіmkin and Novikova
(2016) believe that the studied sheme acts is an
organizational system of state and non-state
institutions, other actors intended to solve the
task of ensuring national security in the manner
defined by legislation.
In addition to the above, the following
management problem exists in the analyzed area.
It is one thing to manage (which often carries a
sign of effective performance of assigned tasks)
the protection of interests, but it is another one to
ensure the level of protection of interests that
would meet the expectations of society.
Definitions also vary in the understanding of
criteria and competence, as well as
responsibility. Maintaining certain degree of
security, which involves relevant instructions,
tasks and functions, and also threatens
responsibility for failure to fulfillment them, is a
real matter that can be entrusted to a state body.
To ensure security itself (and this is not just a
discussion about terms, because all Ukrainian
legislation on national security is based on an
abstract approach to the problem), to be
responsible for “sustainable development”
means to do useless work: its result is either
inefficiency or the division of power. There is a
difference between delegated authority and
objective management possibilities. For
example, the authority of the President of
Ukraine and the National Security and Defense
Council of Ukraine demonstrated such a
contradiction at different times.
Thus, the framework of the national security of
Ukraine actors under European integration is a
complex symbiotic and interdependent legal
entity, an element of the system of its provision
and a component of the corresponding
administrative and legal mechanism, which is
objectified by a set of State agencies and
individual non-state subjects, which, using
various tools of administrative activity and
management (a set of models and methods used
to solve management problems or their
informational, organizational and methodical
support (Popov, 2011, p. 268), designed by their
actions, on the one hand, to implement
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arrangements on the creation in Ukraine of an
adequate state of protection of all areas of public
and State life, and on the other hand, to fulfill the
conditions of the inclusion process.
The Constitution of Ukraine (Law of Ukraine
No. 254k/96-VR, 1996) is the main document in
which both the European integration course of
Ukraine and the actors of ensuring national
security are determined. It states that “ caring for
the strengthening of civil harmony on Ukrainian
soil and confirming the European identity of the
Ukrainian people and the irreversibility of
Ukraine’s European and Euro-Atlantic course”
(paragraph 5 of the Preamble)”. The President of
Ukraine shall be the guarantor of the
implementation of the strategic course of the
State to acquire full membership of Ukraine in
the European Union and the North Atlantic
Treaty Organization (Part 2, Article 102)”. In
addition, the Basic Law of Ukraine states that
national security is ensured by: 1) the entire
Ukrainian people (Article 17); 2) military
formations and state law enforcement agencies
(Article 17); 3) Verkhovna Rada of Ukraine
(clause 17 of Article 92); 4) the President of
Ukraine (clause 1 of Article 17, Article 106);
5) Cabinet of Ministers of Ukraine (item 7 of
article 116); 6) Council of National Security and
Defense of Ukraine (Article 107).
Consequently, constitutional rules create the
grounds for developing administrative legislature
in terms of determining the institutional
component of ensuring national security in the
context inclusion to the EU.
It should be noted that Article 4 of the expired
Law of Ukraine “On the Basics of National
Security” (Law of Ukraine No. 964-IV, 2003)
was dedicated to the national security actors,
which are: the President of Ukraine; Verkhovna
Rada of Ukraine; Cabinet of Ministers of
Ukraine; National Security and Defense Council
of Ukraine; ministries and other central bodies of
executive power; National Bank of Ukraine;
courts of general jurisdiction; Prosecutor’s
Office of Ukraine; National Anti-Corruption
Bureau of Ukraine; local state administrations
and local self-government agencies; the Armed
Forces of Ukraine, the Security Service of
Ukraine, the Foreign Intelligence Service of
Ukraine, the State Border Service of Ukraine and
other military formations formed in accordance
with the laws of Ukraine; bodies and units of civil
protection; citizens of Ukraine, association of
citizens. There is no article in the currently
version of this Law (Law of Ukraine No. 2469-
VIII, 2018) that would be directly devoted to
subjects of national security.
However, the analysis of its provisions indicates
that: 1) public safety and order are ensured by the
security forces, other state bodies, local
authorities, their officials and the public;
2) general functions for implementing national
security are entrusted to the security forces – law
enforcement and intelligence agencies,
specialized agencies with law enforcement
functions, civil defense forces and other bodies
entrusted with such functions by the Constitution
and laws of Ukraine; 3) military security is
provided by the defense forces – the Armed
Forces of Ukraine, as well as other military
formations established in accordance with the
laws of Ukraine, law enforcement and
intelligence agencies, specialized agencies with
law enforcement functions. In addition, Section
4 of the analyzed Law is devoted to the disclosure
of the composition of the security and defense
sector, without appropriate distinction as to the
sector concerned, but it indicates that they are
only those with a legislative mandate.
Therefore, for the analysis and identification of
the actors involved in the system of
national security of Ukraine under European
integration, we studied the following legal
instruments: the Constitution of Ukraine, the
Laws of Ukraine “On the National Security of
Ukraine” and “On the National Security and
Defense Council of Ukraine”, National Security
Strategy of Ukraine, Strategy for State Security,
Action Plan for the Implementation of the
Association Agreement.
Therefore, the system of entities for ensuring the
national security of Ukraine includes the actors
with the following functions:
− law-making – the Verkhovna Rada of
Ukraine, the President of Ukraine;
− coordinating – the National Security and
Defense Council of Ukraine, the Cabinet of
Ministers of Ukraine;
− controlling – state control is performed by
the National Security and Defense Council
of Ukraine, the Cabinet of Ministers of
Ukraine, non-military – civil society;
− executive – the Cabinet of Ministers of
Ukraine, the Ministry of Justice of Ukraine,
the Apparatus of the National Security and
Defense Council of Ukraine, the Ministry of
Defense of Ukraine, the Ministry of Foreign
Affairs of Ukraine, the Ministry of Internal
Affairs of Ukraine, the Security Service of
Ukraine, the State Export Control Service of
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Ukraine, the Ministry of Economy of
Ukraine and others;
− scientific and methodical – National
Institute of Strategic Studies.
However, it would be premature to assume that
this list is exhaustive one. In particular,
Zhuk (2020, p. 107) believes that the system of
the security sector actors includes: 1) state
authorities implementing strategic managerial
work in the spheres of national security and
defense of Ukraine; 2) performes of
implementation tasks directly concerned to
supporting the protection and defense of
Ukraine’s national interests; 3) agencies,
institutions, organizations and individual entities
implementating the goals of provoding national
security of our country.
Thus, strategic management determines the
political framework of national interests, which
are laid down in documents and programs of civil
society institutions, implements their integration
into certain political goals and objectives, set by
the state and society, and by making decisions on
their implementation (Shakhov & Madisson,
2013, p. 50), protection and defense (power,
governing, coordinating, controlling and
regulatory state-management influences (Sytnyk,
2012, p. 197). In particular, these are the
Verkhovna Rada of Ukraine (within the scope of
general competence), the President of Ukraine
and the Council of National Security and Defense
of Ukraine (within special competence), the
Cabinet of Ministers of Ukraine and relevant
ministries (within general and special
competence depending on the sphere of
implementation of specific authority).
The executive branch is represented by:
1) special actors (the Security Service of
Ukraine, the State Security Office of Ukraine);
2) common actors (courts of general jurisdiction,
local authorities). In the meantime, specialized
ministries must be perceived as integral entities,
which, depending on the type of administrative
and legal relations they are participating in, can
be both representatives of the strategic and
management and executive ones.
Taking into account the views of the mentioned
scientist, we can generalize that providing
national security of Ukraine under European
integration in the institutional aspect has two
dimensions: on the one hand management and
implementation, and on the other – promotion.
Management is represented by the actors of
general competence, which, according to the
provisions of the Basic Law and relevant legal
instruments of Ukraine, are: a) the governing
bodies of all regulatory processes of which the
State is responsible (the Verkhovna Rada of
Ukraine, the Cabinet of Ministers of Ukraine);
b) leading actor in the spheres of national
security and defense (President of Ukraine). In
turn, implementation is objectified by the
subjects of special or mixed competence, who are
endowed with law-making, coordinating,
control, executive and scientific and methodical
powers in this area.
A separate function in this system is carried out
by the contributors with a variety of influences
on the research area through the use of civil
society participation tools (non-state, non-
governmental) institutions, in particular
European structures and institutions, as well as
domestic and foreign public organizations).
Conclusions
The above makes it possible to state that, in
general, system is a certain aggregate, which
consists of a certain multitude of elements
between which a relationship exists to achieve
the set tasks. The main thing in it is «relations»,
which testifies to the dynamism of the system,
since there is a constant relationship and
interaction between the elements of the system
and various types of systems.
Thus, the system of subjects for ensuring national
security of Ukraine in the context of European
integration is complex legal entity that can be
semantically identified by a list of State
structures and organizations, as well as a set of
representatives of the civil sector, which are
legally entrusted with the obligation to perform
defense and security measures, adapted under EU
requirements, standards and regulations.
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