Issue: № 10/1, 2022
Doi: https://doi.org/10.37634/efp.2022.10(1).1
In the paper, a scientific study of the administrative and legal foundations of public service organization in the authorities of the State Border Guard Service of Ukraine was conducted. The scientific article states that public service in the authorities of the State Border Guard Service of Ukraine is a special type of public service - the so-called "public service in law enforcement agencies" and has as general features of public service inherent in all types of public service in general and service in law enforcement agencies in particular, as well as specific ones, inherent only to the public service in the authorities of the State Border Guard Service of Ukraine. The authors came to the conclusion that public service in the authorities of the State Border Guard Service of Ukraine has the following features: military character; special law enforcement purpose; relations with the participation of the personnel of the authorities of the State Border Guard Service of Ukraine are implemented for the purpose of protecting and protecting the interests of society and the state, therefore, by their nature, they are not only managerial, but also protective and protective relations of a power-subordination nature; are implemented, if necessary, with the help of legal coercion and even by using special means and weapons, since their objects are the most significant interests of society and the state; the official powers of the personnel of the authorities of the State Border Guard Service of Ukraine are embodied in specific legal relations in the process of observing the principles and implementing measures of the border policy; a clearer system of legislation regarding the regulation of this type of service, primarily represented by the regulatory acts of the Ministry of Internal Affairs of Ukraine; the presence in the structure of both units that directly carry out the tasks of protecting and protecting the state border (state border protection bodies, border service departments, etc.), and bodies that primarily have control and management functions (the Administration of the State Border Guard Service of Ukraine, regional offices).
Keywords : public service, State Border Service of Ukraine, management in the sphere of protection of the state border of Ukraine, authority in the field of protection of the state border of Ukraine, Military Service, personnel of the authorities of the State Border Service of Ukraine
References:
1. Kurylo V.I., Ilchenko O.V. Interaction of internal affairs bodies and the State Border Guard Service of Ukraine in the context of European integration: administrative and legal aspects: monograph Kyiv, 2015. 200 p. (in Ukrainian).
2. Vladovska K.P. To the question of the legal nature of the concept of "public service" in the legislation of Ukraine and in the administrative-legal doctrine. Analytical and comparative jurisprudence. 2022. No. 2. pp. 124-128. (in Ukrainian).
3. Komirchyi P.O. Administrative and legal principles of public service in the field of law enforcement.: diss. ... Dr. of legal sciences. Kyiv, 2020. 539 p. (in Ukrainian).
4. Komirchyi P. O. Public service in law enforcement and the law enforcement function of the state. Legal bulletin. 2018. Issue 7. Part 7. pp. 69-76. (in Ukrainian).
5. Kuryliuk Yu.B. Administrative-legal and criminological principles of ensuring law and order in the border area of Ukraine: diss. ... Dr. of legal sciences. Zaporizhzhia, 2020. 472 p. (in Ukrainian).
6. On the State Border Service of Ukraine: Law of Ukraine dated April 3, 2003 No. 661-IV (edition dated April 2, 2022). URL: https://zakon.rada.gov.ua/laws/show/661-15#Text (in Ukrainian).
7. The Constitution of Ukraine dated June 28, 1996 (edition dated January 1, 2020). URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text. (in Ukrainian).
8. Hanba O.B. Legal relations in the sphere of border security of Ukraine: theoretical and applied problems: monograph. Vinnytsia, 2020. 448 p. (in Ukrainian).
9. Bila-Tiunova L. R. State Service of Ukraine. General part. Odesa. 2020. 511 p. (in Ukrainian).
10. On the approval of the Regulations on the Border Service Department of the State Border Service of Ukraine: Order of the Ministry of Internal Affairs of Ukraine dated April 15, 2016 No. 311. URL: https://zakon.rada.gov.ua/laws/show/z01719-16 (in Ukrainian).
11. On the approval of the Regulation on the state border protection body of the State Border Service of Ukraine: order of the Ministry of Internal Affairs of Ukraine dated November 30, 2018 No. 971. URL: https://zakon.rada.gov.ua/laws/show/z1468-18 (in Ukrainian).
12. On the approval of the Regulation on the Administration of the State Border Service of Ukraine: Resolution No. 533 of the Cabinet of Ministers of Ukraine dated October 16, 2014. URL: https://zakon.rada.gov.ua/laws/show/533-2014-п (in Ukrainian).