| Article title | Public Administration in the Defence Sphere of Ukraine: Teleology of Military Security |
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| Authors |
PAVLO BOHUTSKIY
Doctor of Law, Associate Professor, Honored Lawyer of Ukraine, Head of the Scientific Laboratory of Military and International Humanitarian Law of the State Scientific Institution “Institute of Information, Security and Law of the National Academy of Legal Sciences of Ukraine” (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-3537-6991 boguckijpavlo@gmail.com
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 8 / 2024 |
| Pages | 71 - 82 |
| Annotation | The problem of public administration in the defence sphere and the areas of its solution in modern jurisprudence are multidimensional in nature. The social and legal components of public administration determine the content of activities related to the management of social processes on the basis of law and in accordance with the rules and procedures established by law and procedures. Public administration, in the context of the information society, in addition to the traditional features of public governance, administrative jurisdictional activities and the provision of administrative services through the necessary feedback social relations of government with all social actors, acquires public features that become crucial for the relevant functions of the state, including the implementation of the defence function, the purpose of which is to ensure military security. The purpose of the article is to establish the dependence of public administration in the defence sphere on military security, to reveal in the content of public administration the specific features of public governance in the defence and military governance with regard to the formation and operation of a complex systemic process of their impact on the State’s defence capability and military security. Democratic development of society based on respect for law, recognition and implementation of the rule of law as a defining principle of all social communications, formation and functioning of the State as a state of law, provides for reliable and systematic solution of tasks directly related to national security and defence. National security and defence in a democratic society have an inherent social value that is protected by law and requires appropriate public governance, which is public administration based on law. It is important that public administration in the field of national security and public administration in the defence sphere have both common and distinctive features. The solution to this issue depends not so much on theoretical and legal approaches to understanding national security and defence as certain social and legal phenomena, but on the formation and implementation of the relevant policy. Military security remains the leading area of national security, and therefore public administration in the defence sector, where the goal of any social activity is to achieve military security, fully meets the needs of national security. Another important context of this problem is found in understanding the content of defence and military policies of the modern state. The formal content of the State policy in the field of defence and military policy makes it necessary to focus on identifying common features that may affect the process of public governance in the defence sphere in particular and the process of public administration in general. |
| Keywords | public administration; public governance; military governance; national security; military security; defence capability |
| References | Bibliography Authored books J, Fundamentals of Military Law. A Chinese Perspective (Springer 2019). Edited books 2. Dikhtiievskyi P (zah red), Administratyvne pravo Ukrainy: pidruchnyk (2023).
Journal articles 3. Bryson J M, Crosby B C, Bloomberg L, ‘Public value governance: Moving beyond traditional public administration and the new public management’ [2014] 74(4) Public Administration Review 445–456. https://doi.org/10.1111/puar.12238 4. Bohutskyi P, ‘Voienna polityka i systema viiskovoi yustytsii: synerhiia voiennoi bezpeky’ [2022] 1 Nauka i oborona 10–11. 5. Bulkat M, ‘Poniattia derzhavnoho administruvannia: teoretyko-pravovyi aspekt’ [2022] 8 Pravo Ukrainy 157–169. 6. Melnyk S, ‘Viiskove upravlinnia v systemi zabezpechennia natsionalnoi bezpeky’ [2019] 38 Naukovyi visnyk Mizhnarodnoho humanitarnoho universytetu. Ser.: Yurysprudentsiia 40. 7. Pylypchuk V, Bohutskyi P, Belaniuk M, ‘Problemy stanovlennia systemy viiskovoi yustytsii Ukrainy’ [2024] 2 Visnyk Natsionalnoi akademii pravovykh nauk Ukrainy 95–113. 8. Ryzhykh V, Bohutskyi P, ‘Pravovi ta orhanizatsiini zasady formuvannia derzhavnoi polityky u sferi oboronno-promyslovoho kompleksu Ukrainy’ [2020] 3 Nauka i oborona 8–14. 9. Zhukova Ye, ‘Publichne administruvannia ta derzhavne upravlinnia: osoblyvosti spivvidnoshennia’ [2022] 2 Analitychno-porivnialne pravoznavstvo 137–140.
Websites 10. Chapman B, Mosher F, Page E, Public administration (Encyclopedia Britannica, 18 Jul. 2024) <https://www.britannica.com/topic/public-administration> (accessed 09.08.2024). |
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