Publication date: 03.07.2024
Powers of the President in the field of national security
National security is one of the most important areas of public administration, as it ensures the protection of the state from internal and external threats, preservation of sovereignty and territorial integrity. The President of Ukraine plays a key role in the national security system. In this article, we will examine the legal framework, powers and mechanisms for exercising the President's functions in the field of national security, as well as the challenges and opportunities associated with this aspect of his activities.
Constitutional and legislative framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status and powers of the President in the sphere of national security. Article 106 of the Constitution of Ukraine states that the President is the Supreme Commander-in-Chief of the Armed Forces of Ukraine and exercises leadership in the field of national security.
TheLaw of Ukraine "On National Security of Ukraine": Defines the legal and organisational framework for ensuring national security, and establishes the powers of state bodies and officials, including the President, in this area.
Law of Ukraine "On the National Security and Defence Council of Ukraine": Regulates the activities of the National Security and Defence Council (NSDC), which is a coordinating body under the President of Ukraine on national security and defence issues.
Law of Ukraine "On Defence of Ukraine": Establishes the basis for the organisation and activities in the defence sector and defines the powers of the President as the Supreme Commander-in-Chief of the Armed Forces of Ukraine.
Criminal Code of Ukraine: Provides for liability for crimes against national security, including high treason, espionage and other crimes that threaten national security.
Main powers of the President in the field of national security
Supreme Commander-in-Chief of the Armed Forces of Ukraine: The President is in charge of the Armed Forces of Ukraine, appoints and dismisses the high command, determines the main directions of defence policy, issues orders and directives binding on military formations.
Chairman of theNational Security and Defence Council of Ukraine: The president chairs the NSDC, which is the coordinating body for national security and defence. The NSDC develops strategies and programmes to ensure national security and coordinates the activities of executive authorities in this area.
Appointment and dismissal of heads of law enforcement agencies: The President appoints and dismisses the Minister of Defence, the Chief of the General Staff of the Armed Forces of Ukraine, the heads of the Security Service of Ukraine (SBU), the State Border Guard Service and other security agencies.
Leadership in the field of national security: The President issues decrees and orders on national security matters that are binding on the entire territory of Ukraine. He also has the right to declare a state of emergency or martial law, and to call for mobilisation and demobilisation.
Ensuring international security: The President participates in international negotiations, concludes international security treaties, and oversees Ukraine's participation in international peacekeeping operations and cooperation with NATO and other international organisations.
Mechanisms for exercising powers
TheNational Security and Defence Council of Ukraine (NSDC): The NSDC develops strategic documents in the field of national security, coordinates the activities of executive authorities, and prepares recommendations for the President on decision-making. NSDC decisions are implemented by presidential decrees.
TheArmed Forces of Ukraine: The President is in direct charge of the Armed Forces, appoints and dismisses the high command, and determines the main directions of defence policy. The Armed Forces execute orders and directives of the President.
Security Service of Ukraine (SBU): The president appoints and dismisses the head of the SSU, determines the main directions of the service's activities, and oversees the implementation of state security tasks.
Ministry of Defence of Ukraine: The Minister of Defence is appointed and dismissed by the President, manages the activities of the Ministry, and executes the President's orders and instructions in the field of defence.
Cooperation with international organisations: The President represents Ukraine in international organisations, participates in international security summits, conferences and forums, and concludes international security treaties.
Challenges and opportunities
Geopolitical challenges: Ukraine faces numerous geopolitical challenges, including aggression by the Russian Federation, the occupation of Crimea, and the military conflict in eastern Ukraine. The President plays a key role in protecting national interests in the international arena, attracting international support and sanctions against the aggressor.
Internal stability: An important task of the President is to ensure internal stability, fight against terrorism, separatism, organised crime, and ensure law and order and security of citizens.
Security sector reforms: Implementation of security and defence reforms, modernisation of the Armed Forces, strengthening of the state's defence capability, introduction of modern technologies and NATO standards.
International cooperation: Expanding cooperation with international organisations, participating in peacekeeping operations, concluding international security agreements, and securing support from the international community.
Recommendations for improving the mechanisms for exercising powers
Improvement of legislation: Develop and adopt clear legal acts regulating the President's activities in the field of national security, including defence, counter-terrorism, and internal stability.
Strengthening cooperation with international organisations: Expansion of cooperation with NATO, the EU, the UN and other international organisations, participation in international peacekeeping operations, and conclusion of international security agreements.
Modernisation of the Armed Forces: Implementation of defence reforms, modernisation of the Armed Forces, introduction of modern technologies and NATO standards, strengthening of the state's defence capability.
Ensuring internal stability: Strengthening measures to combat terrorism, separatism and organised crime, ensuring law and order and security of citizens, and conducting anti-terrorist operations.
Improving thelevel of personnel training: Ensuring an adequate level of training of personnel in the field of national security, conducting exercises, trainings, advanced training, exchange of experience with international partners
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