Analytical notes
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Abstract. The analytical note examines the conceptual and organizational and legal principles of law enforcement agencies in the field of ensuring the economic security of the state, which are defined by relevant acts of European Union law, public policy program documents, and the legislation of Ukraine.
The national legislation and law enforcement practice of Lithuania, the Netherlands, Austria, the Czech Republic, France, Italy, and Poland regarding the activities of competent authorities, their legal status, tasks, and functional powers, the criteria for delimiting the competence of these authorities provided for by law, as well as the procedure and forms of their interaction and coordination in the specified area, were analyzed.
Based on the results of the analysis, conclusions and proposals were provided regarding the use of the experience of the European Union states for the legal regulation of counterintelligence activities in the sphere of economic security of Ukraine.
Key words: economic security, state security, counterintelligence, economic crimes, domestic and foreign intelligence, legislation in the field of economic security and counterintelligence.
10/2025
Abstract. The analytical note considers the issues of legal regulation and peculiarities of application of the concept of "electromagnetic space (spectrum)" in some states: the USA, Great Britain, Spain, Norway, Turkey, France. National legislation on this topic was analysed. The position according to which the electromagnetic space (spectrum) should be considered as a separate domain of warfare is investigated. Attention is focused on the non-identification of individual concepts, in particular: “electromagnetic warfare” and “electronic warfare”, “cyberspace” and “electromagnetic space”. It is substantiated that the use of the electromagnetic space (spectrum) should be integrated, coordinated and deconflicted.
Key words: electromagnetic space, electromagnetic spectrum, electromagnetic environment, electronic warfare, electronic warfare, electronic operation, cyberspace, domain, NATO.
03/2025
Abstract. The analytical note examines the legal regulation and features of the functioning of the institution of chaplaincy in some countries: the USA, Great Britain, Spain, the Netherlands, Germany, Norway, Poland, and France.
Legislative and subordinate regulatory legal acts of national legislation dedicated to this topic were analyzed.
The features of the legislative support for the provision of pastoral care in the armed forces of foreign states are identified and the prospects for improving the institution of chaplaincy in Ukraine are outlined.
Key words: pastoral care, military personnel, chaplain, armed forces, religious rights, interfaith relations.
03/2025
Abstract. The analytical note examines the issue of legal regulation and the specifics of the application of the concept of "combat immunity" in some countries: the USA, Canada, Great Britain, France, Croatia. Separate acts of national legislation and court decisions devoted to this topic are analysed. The need for legislative improvement of the mechanism of legal protection of military personnel, ensuring a fair balance between criminal, civil liability and combat immunity in the conditions of the legal regime of martial law is identified.
Key words: combat immunity, doctrine of combat immunity, military personnel, military leadership, criminal liability, civil liability, punishment, exemption from liability, violation of the laws and customs of war, defense, combat situation.
02/2025
Abstract. The analytical note examines the concept, content and peculiarities of the circulation of secret (classified) information, defines the components of the system of protection of state secrets and other information with limited access, considers the issue of obtaining, terminating and canceling admission and access to work with secret information and state secrets, marking of classified information, the issue of responsibility for the disclosure of state secrets or classified information based on the generalization of the best practices of foreign experience of regulatory protection of state secrets in NATO member states (the legislation of seven countries was analyzed: Great Britain, France, Germany, Poland, Estonia, Croatia and the Czech Republic). Regulatory requirements and existing standards in the field of protection of state secrets and classified information, which are in force in NATO and the EU, have been defined.
Key words: classified information, secret information, official information, protection of state secrets, disclosure of information with limited access, admission to state secrets, access to information with limited access, certification, cryptographic and physical protection of secret information, classification of material carriers of secret information, access restriction seal, NATO standards in the field of secrets and protection of state secrets, regulatory requirements of the EU regarding classified information, responsibility for disclosure of state secrets.
08/2024
Abstract. The analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in some states (the legislation of three states: USA, Canada, Australia is analyzed). The regulatory requirements and principles of the educational process with the participation of cadets, the terms of their financial support, procedural issues of acquiring basic military education, the formation of relevant professional knowledge, skills and abilities are defined. The organizational and legal foundations of the state policy of training military professional personnel were considered, the components of the military education system, and the peculiarities of the functioning of academic military educational institutions were determined. Common features and national differences during the training of cadets, the conditions of their material and economic support as military personnel and at the same time subjects of the educational process are determined.
Key words: higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces.
07/2024
Abstract. The analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in NATO member states (the legislation of eight states is analyzed: Great Britain, Germany, France, Italy, Poland, Estonia, Latvia, Lithuania). The normative requirements and principles of the implementation of the educational process with the participation of cadets, the conditions of their financial support, the procedural issues of acquiring basic military education, the formation of relevant knowledge, skills, and competencies have been determined. The organizational and legal foundations of the state policy of training military professional personnel are considered, the components of the military education system, the specifics of the activities of military educational institutions are determined. Common features and national differences during training of cadets, conditions of their material and economic support as military personnel were revealed.
Key words: national defense policy, higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces, NATO standards.
06/2024
Abstract. The analytical note considers legislation in the field of defence procurement and parliamentary control of NATO member states, in particular for the presence of special legal norms that would regulate such issues during the martial law. The conducted research is due to the feasibility of developing directions of the effective and transparent procedures for defence procurement, their coordination with the generally accepted practices of NATO member states. The legislation of the following countries was analysed: Belgium, Great Britain, Denmark, Estonia, Italy, Canada, Netherlands, Germany, Norway, Poland, USA, Turkey, France, Czech Republic, Sweden.
Key words: public procurement, defence procurement, martial law, parliamentary control, NATO member states.
04/2024
Abstract. The analytical note continues the study of the functioning of the sergeant corps in the armed forces of individual NATO member states, its place in the Alliance's military command system, the tasks and functions of the chief sergeants of the armed forces of individual NATO countries (their equivalent positions, which in NATO have the generalized name Command Senior Enlisted Leader (CSEL) - senior leader from among the rank and file and non-commissioned officers of the command), in particular: Senior Advisor to the Rank and File Chairman of the Joint Chiefs of Staff (Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff – SEAC)Sergeant Major of the Lithuanian Armed Forces and their offices - in the comparative aspect of the activities of the chief sergeant of the Armed Forces of Ukraine and the subordinate Office for working with the non-commissioned staff of the Armed Forces of Ukraine. The research was carried out in view of the updated domestic legislation and clarification of information regarding: communication of the senior commander of the sergeant corps (NCO) with the chief sergeants or senior advisers to the commanders; the Office of the Chief Sergeant of the US Armed Forces.
Key words: the Armed Forces, NATO, chief sergeant, private and sergeant personnel, sergeant corps.
03/2024
Abstract. The analytical note examines current issues and features of the legislative regulation of the mobilization reserve and service in it in the legislation of NATO member states. In this context, first of all, the issues of staffing the mobilization reserve, staying and serving in it, the obligation / right to serve in the military reserve, age requirements for reservists are considered; cases of postponement; length of service; punishments provided for persons who evade service in the military reserve; peculiarities of mobilization when declaring a state of war/emergency through the prism of the legislation of NATO member states.
The mentioned issues are analyzed on the example of the legislation of such NATO member states as: USA, Great Britain, Turkey, Latvia, Lithuania, Estonia, Finland, Bulgaria, Croatia.
Key words: military service, reserve, mobilization, postponement of military service, NATO member states.
03/2024