Some questions about democratic civilian control over the military organisation of Ukraine
Material posted: -Publication date: 28-08-2011

Materials of research allow to conclude that during the years of independence Ukraine has gained some experience in conducting a variety of reforms. They all differed among themselves as to the duration of the event, directions, scale and impact.

The title of "veteran for the duration of the reform", according to the law can be given to the Armed Forces of Ukraine and national law enforcement agencies of the state. Starting from the Declaration of independence, this process continues today, acquiring new forms, changing leadership, policy guidance, etc.

However, despite significant progress in the European approximation of activities of power structures of the state to democratic foundations of society, in practice the society is watching is sometimes quite different trends.

Any conversion of national importance must first be fixed at the legislative level, and then implemented in practice. A striking example is the reform of the Armed Forces of Ukraine – for years, the Agency reformed on the basis of internal departmental acts, and only in June 2004, the reform process has received legislative recognition.

In turn, the security Service of Ukraine, even after carrying out measures of internal reform continues to not perform her usual "police" functions, which is not in any other country in the world. For a considerable period of time debated the question of the transformation of the Border troops of the military formation to a law enforcement Agency (according to article 6 of the law of Ukraine "On the state border service of Ukraine") [39]. Real changes in the functioning of law enforcement agencies can be called only a small number of legal rules that meet the requirements associated with the development of a democratic legal state, implementation of constitutional rights and freedoms of man and citizen.

The CONTENTS

INTRODUCTION.................................................................................3

CHAPTER 1. Legal regulation of issues related to democratic civil control over Military organization of Ukraine......................................................................................9

1.1. General provisions on democratic civilian control over the Military organization of the state...............................9

1.2. The issue of democratic civilian control over the security structures of the state, which is reflected in the relevant laws.......................................................12

CHAPTER 2. The state and some areas of improvement of democratic civilian control of the military

formations of the state..........................................................16

2.1. General description of the state of democratic civilian control over the military formations of Ukraine........................16

2.2. Measures of civilian control, embodied in the Ministry of defense of Ukraine.............................................18

2.3. Some of the issues of civil control in the security Service of Ukraine............................................................21

2.4. The state of implementation of measures of democratic civilian control in the Ministry of internal Affairs of Ukraine.......................23

2.5. The state of implementation of democratic civilian control of the foreign intelligence Service of Ukraine.............................24

2.6. The state of implementation of democratic civilian control of the Main intelligence Department of the Ministry of defense of Ukraine..................................................................25

2.7. Some issues of implementation of democratic civilian control of the State border service of Ukraine..............................................................................25

2.8. The state of democratic civilian control over the military forces of the state experts...........26

GENERAL CONCLUSIONS.......................................................................36

REFERENCES.................................41