Publication date: 03.07.2024
Interaction of the National Guard with local self-government bodies
Introduction
The National Guard of Ukraine (NGU) plays an important role in ensuring public order, protecting the rights and freedoms of citizens, and responding to emergencies. Effective cooperation between the NGU and local self-government bodies is a key factor in ensuring security and law and order at the local level. In this article, we will examine the legal aspects of the NGU's interaction with local self-government bodies, the main tasks and areas of cooperation, as well as challenges and recommendations for improving this interaction.
Legal framework
TheConstitution of Ukraine: The fundamental law of the state that defines the foundations of public administration, including the activities of local self-government bodies. Article 140 of the Constitution of Ukraine sets out the rights and obligations of local self-government bodies.
TheLaw of Ukraine "On the National Guard of Ukraine": Regulates the activities of the NGU, defines its tasks, functions and powers, including cooperation with local self-government bodies.
Law of Ukraine "On Local Self-Government in Ukraine": Defines the legal framework for the activities of local self-government bodies, their powers and functions, as well as the principles of interaction with other state bodies.
Law of Ukraine "On the Legal Regime of the State of Emergency": Establishes the procedure for introducing and enforcing the state of emergency, including the NGU's interaction with local authorities during emergencies.
Resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Internal Affairs of Ukraine: Define specific measures and procedures for the NGU's interaction with local authorities.
Main areas of cooperation
Ensuring public order and security: The NGU and local self-government bodies cooperate in ensuring public order during mass events, protests, sporting events and other public events.
Emergency response: In the event of emergencies, such as natural disasters, man-made accidents and terrorist attacks, the NGU and local authorities coordinate their actions to ensure the safety of the population, evacuate and assist victims.
Protection ofimportant facilities: The NGU is involved in the protection of strategic facilities, state institutions, and critical infrastructure on the territory under the jurisdiction of local authorities.
Support for public initiatives and events: The NGU cooperates with local authorities in supporting public initiatives and ensuring security during charity events, cultural and educational activities.
Procedure of interaction
Conclusion ofcooperation agreements: The NGU and local self-government bodies enter into cooperation agreements that define the main areas of cooperation, the rights and obligations of the parties, and the procedure for coordinating actions and exchanging information.
Establishment ofcoordination headquarters: In case of emergency situations or the need for joint activities, coordination headquarters are established, which include representatives of the NGU and local authorities.
Planning of joint activities: The NGU and local authorities jointly plan measures to protect public order, respond to emergencies, protect important facilities and other tasks.
Conducting joint exercises and training: To increase the effectiveness of cooperation, the NGU and local self-government bodies conduct joint exercises and training to practice coordination and increase readiness to respond to threats.
Rights and obligations of the parties
Rights of the NGU:
- Involvement inpublic order: The NGU has the right to be involved in the protection of public order on the territory under the jurisdiction of local authorities in the event of security threats.
- Use of resources of local authorities: Where necessary, the NGU may use the resources of local authorities to carry out its tasks, including vehicles, medical support, communications and other resources.
Responsibilities of theNGU:
- Informinglocal authorities: The NGU is obliged to inform local self-government bodies about public order, emergency response and other tasks on their territory.
- Ensuring coordination of actions: The NGU must ensure coordination with local authorities to effectively perform its tasks and ensure the safety of the population.
Rights of local authorities:
- Receiving information: Local authorities have the right to receive information from the NGU on public order measures, emergency response and other tasks.
- Involvement of the NGU in joint activities: Local authorities have the right to involve the NGU in joint activities to protect public order, respond to emergencies and other tasks.
Responsibilities oflocal authorities:
- Provision of resources: Local authorities are obliged to provide the NGU with the necessary resources to perform public order, emergency response and other tasks.
- Coordination of actions: Local governments should ensure coordination with the NGU to effectively perform their tasks and ensure public safety.
Challenges and problems in cooperation
Communication barriers: Lack of effective communication between the NGU and local authorities can lead to untimely responses to threats and ineffective coordination.
Insufficientfunding: Insufficient funding from the state or local authorities may limit the NGU's ability to perform public order and emergency response tasks.
Legal uncertainty: The absence of clear legal norms and guidelines on how the NGU should interact with local authorities can create legal uncertainty and difficulties in performing tasks.
Differentpriorities: Differing priorities and tasks of the NGU and local authorities can create conflicts and complicate coordination.
Recommendations for improving cooperation
Improvecommunication: Establish effective channels of communication between the NGU and local authorities, including regular meetings, information exchange and coordination.
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