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Democratic civilian control over the activities of the security and defense sector bodies of Ukraine

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Název: Democratic civilian control over the activities of the security and defense sector bodies of Ukraine
Autoři: A. V. Chub, Ye. M. Naidon
Zdroj: Analytical and Comparative Jurisprudence. 1:147-152
Informace o vydavateli: Uzhhorod National University, 2025.
Rok vydání: 2025
Popis: The article is dedicated to the analysis of democratic civilian control over the activities of the security and defense sector agencies of Ukraine as a key element in ensuring legality, transparency, and accountability in the field of national security. The author examines the legal, organizational, and practical aspects of parliamentary control, which is an integral part of the democratic system of state governance. It is emphasized that parliamentary control plays a crucial role in preventing unconstitutional actions by security forces, ensuring their subordination to civilian authority, and promoting the democratization of society. Particular attention is given to the challenges of finding optimal forms and mechanisms for exercising such control, considering the specific nature of the military organization, which remains a closed institution due to the need to protect state and military secrets. The article highlights that effective control over the activities of special and intelligence services is a guarantee of national security but simultaneously poses potential risks to the rights and freedoms of citizens. Based on the analysis of events in 2004–2005 and 2013–2014 in Ukraine, the author underscores the issue of inadequate control over special services, which poses threats not only to human rights but also to the state security system as a whole. In accordance with the Constitution of Ukraine and the Law of Ukraine “On National Security” dated June 21, 2018, the Verkhovna Rada of Ukraine plays a pivotal role in implementing control functions through the adoption of relevant laws, approval of the military budget, oversight of officials’ activities, and the establishment of special committees and commissions. The role of public control, exercised through civil society institutions, public associations, citizens’ appeals, and the activities of the Ukrainian Parliament Commissioner for Human Rights, is separately addressed. Public oversight aims to ensure the rule of law, transparency, and accountability of the security and defense sector agencies while promoting their effective functioning. The article provides examples of public councils operating under certain security sector bodies, such as the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and others. The authors concludes that democratic civilian control, particularly parliamentary control, is a prerequisite for Ukraine’s European and Euro-Atlantic integration, the optimization of civil-military relations, and the strengthening of the rule of law. The article emphasizes the importance of combining parliamentary and public control to ensure efficiency, legality, and transparency in the security and defense sector, which serves as a critical indicator of a country’s democratic development.
Druh dokumentu: Article
ISSN: 2788-6018
DOI: 10.24144/2788-6018.2025.04.1.23
Rights: CC BY NC ND
Přístupové číslo: edsair.doi...........6dddd383d365e80d1952c454fd9bfe8c
Databáze: OpenAIRE
Popis
Abstrakt:The article is dedicated to the analysis of democratic civilian control over the activities of the security and defense sector agencies of Ukraine as a key element in ensuring legality, transparency, and accountability in the field of national security. The author examines the legal, organizational, and practical aspects of parliamentary control, which is an integral part of the democratic system of state governance. It is emphasized that parliamentary control plays a crucial role in preventing unconstitutional actions by security forces, ensuring their subordination to civilian authority, and promoting the democratization of society. Particular attention is given to the challenges of finding optimal forms and mechanisms for exercising such control, considering the specific nature of the military organization, which remains a closed institution due to the need to protect state and military secrets. The article highlights that effective control over the activities of special and intelligence services is a guarantee of national security but simultaneously poses potential risks to the rights and freedoms of citizens. Based on the analysis of events in 2004–2005 and 2013–2014 in Ukraine, the author underscores the issue of inadequate control over special services, which poses threats not only to human rights but also to the state security system as a whole. In accordance with the Constitution of Ukraine and the Law of Ukraine “On National Security” dated June 21, 2018, the Verkhovna Rada of Ukraine plays a pivotal role in implementing control functions through the adoption of relevant laws, approval of the military budget, oversight of officials’ activities, and the establishment of special committees and commissions. The role of public control, exercised through civil society institutions, public associations, citizens’ appeals, and the activities of the Ukrainian Parliament Commissioner for Human Rights, is separately addressed. Public oversight aims to ensure the rule of law, transparency, and accountability of the security and defense sector agencies while promoting their effective functioning. The article provides examples of public councils operating under certain security sector bodies, such as the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and others. The authors concludes that democratic civilian control, particularly parliamentary control, is a prerequisite for Ukraine’s European and Euro-Atlantic integration, the optimization of civil-military relations, and the strengthening of the rule of law. The article emphasizes the importance of combining parliamentary and public control to ensure efficiency, legality, and transparency in the security and defense sector, which serves as a critical indicator of a country’s democratic development.
ISSN:27886018
DOI:10.24144/2788-6018.2025.04.1.23