Publication date: 03.07.2024
Legal aspects of the National Guard's participation in anti-terrorist operations
The National Guard of Ukraine (NGU) plays a key role in ensuring national security, especially in the context of growing terrorist threats. An important part of its activities is participation in anti-terrorist operations (ATO), which requires clear legal regulation. This article will examine the legal aspects of the NGU's participation in the ATO, including the legal framework, its main tasks and powers, the procedure for conducting operations, and the challenges faced by servicemen in carrying out these tasks.
Legal framework
TheConstitution of Ukraine: The fundamental law of the state, which defines the rights and freedoms of citizens, as well as the foundations of law and order and national security. Article 17 of the Constitution of Ukraine stipulates that the defence of Ukraine, protection of its sovereignty, territorial integrity and inviolability is the responsibility of the entire Ukrainian people.
TheLaw of Ukraine "On the National Guard of Ukraine": Defines the legal status, tasks and powers of the NGU. According to the law, the NGU is involved in ensuring national security, public order and anti-terrorist measures.
TheLaw of Ukraine "On Combating Terrorism": Establishes the legal and organisational framework for combating terrorism in Ukraine, defines the powers of state bodies, including the NGU, in the field of anti-terrorism.
Law of Ukraine "On the Legal Regime of the State of Emergency": Defines the legal regime of the state of emergency, the procedure for its introduction and the measures that may be taken, including anti-terrorist operations.
Resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Internal Affairs of Ukraine: Regulate specific measures, the procedure for conducting anti-terrorist operations, and the interaction between various state bodies and the NGU.
Main tasks and powers of the NGU in the ATO
Ensuring national security: The NGU is involved in ensuring national security, protecting Ukraine's sovereignty and territorial integrity from terrorist threats.
Protection ofpublic order: The NGU protects public order during anti-terrorist measures, prevents and suppresses offences, and protects the life and health of citizens.
Cooperationwith other law enforcement agencies: The NGU cooperates with other law enforcement agencies, including the Security Service of Ukraine (SSU), the police, and the State Emergency Service of Ukraine (SES) in conducting anti-terrorist activities.
Ensuring the security of strategic facilities: The NGU is involved in ensuring the security of strategic facilities, state institutions, critical infrastructure and other important objects.
Evacuation of the population: If necessary, the NGU evacuates the population from the areas of anti-terrorist operations, provides first aid and support to the victims.
Procedure for conducting anti-terrorist operations
Decision-making on conducting an anti-terrorist operation: The decision to conduct an anti-terrorist operation is made by the National Security and Defence Council of Ukraine (NSDC) or by a decision of the President of Ukraine. The relevant order is issued by the NGU command.
Planning of the operation: After the decision to conduct an ATO is made, the operation is planned, including the development of an action plan, definition of tasks, allocation of forces and means, provision of logistics and coordination with other law enforcement agencies.
Preparationand conduct of the operation: The NGU conducts preparatory activities, including training, checking the readiness of personnel and equipment. During the operation, the NGU performs tasks in accordance with the approved plan and orders of the command.
Ensuring law and order and security: The NGU carries out measures to protect public order, ensure the safety of the population, prevent and suppress terrorist acts, detain terrorists and neutralise threats.
Post-operational stage: After an anti-terrorist operation is completed, the results are analysed, the effectiveness of measures is assessed, reports are prepared and recommendations are developed to improve future operations.
Challenges and problems in conducting anti-terrorist operations
Psychological and physical stress: The NGU servicemen and women face a high level of psychological and physical stress during anti-terrorist operations, which can affect their effectiveness and health.
Coordination of actions: Effective coordination between the NGU and other law enforcement agencies is critical for the successful conduct of counter-terrorism operations. Insufficient coordination can lead to operational difficulties and risks.
Logisticalsupport: Insufficient logistical support, including modern equipment, communications, weapons and other resources, may limit the NGU's ability to conduct counter-terrorism operations.
Legal regulation: The absence of clear legal norms and guidelines for conducting counter-terrorism operations may create legal uncertainty and difficulties in performing tasks.
International standards: The need to comply with international counter-terrorism standards, including human rights and humanitarian law, may create additional challenges for the NGU in conducting counter-terrorism operations.
Recommendations for improving the legal framework
Development of clear regulations: Develop and adopt clear legal acts regulating the conduct of anti-terrorist operations, including the NGU's powers, procedures, and standards for interaction with other agencies.
Strengthening logistical support: Provide the NGU with modern equipment, weapons, communications and other resources necessary for effective counter-terrorism operations.
Improving thelevel of training: Ensuring that the NGU's military personnel are properly trained, including regular training, advanced training courses, participation in international exercises and exchange of experience with other countries.
Providing psychological support: Developing psychological support and rehabilitation programmes for NGU servicemen participating in anti-terrorist operations to reduce stress and increase combat readiness.
International cooperation: Intensification of international cooperation in the field of counter-terrorism, including participation in international operations, information exchange, joint exercises and training, which will contribute to the effectiveness of anti-terrorist measures.So, whether you need legal advice or legal counsel, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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