Administrative and legal legitimation of law enforcement agencies in the sphere of ensuring the state security of the country

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 2; no. 88; pp. 446 - 450
• Main Authors: Nikitenko, O. I., Zhuravel, I. V.
• Format: Journal Article
• Language: English
• Published: 20.05.2025
• DOI: 10.24144/2307-3322.2025.88.2.62
• ISSN: 2307-3322

The article is devoted to the features of the administrative and legal legitimation of the activities of law enforcement agencies in the sphere of state security of Ukraine and the problems of democratic legitimation of their activities in conditions of political pluralism. The means and grounds of legitimation of law enforcement agencies in the sphere of state security and law and order in the border area of the country are investigated. The task of the police in a democratic legal state is to ensure legal peace and internal security, protect state bodies from encroachments on their activities by external influences, as well as protect people when they exercise their rights and freedoms guaranteed by the Constitution of Ukraine. The constitutional and legal obligation of the state to ensure the protection of police rights on the one hand and in administrative and administrative procedural law on the other hand, significantly differ in the direction of protection. Administrative law, among others, performs a general and special preventive function, which is implemented when prescribing measures to educate and ensure security in the border areas of Ukraine. Police law is directly aimed at eliminating the threat, which is aimed at protecting constitutional and police norms legal benefits. Because of this, police law has a more valuable connection with the protective function of the law enforcement agencies of the state, since it serves to avert specific internal threats, and not to punish them. The problem of democratic legitimation of police activity in conditions of political pluralism police agencies (as a law enforcement agency) as well as the state in general, are guided by the principle of neutrality, the police do not have a political function. The police of Ukraine carry out their activities on the principles of openness and transparency within the limits determined by current legislation, to respect and not violate human rights and freedoms. Administrative law, which is currently in the reform stage in Ukraine, is the leading branch of public law. The public law method is organically combined with elements of the dispositive method of regulating social relations. It is worth noting that an important role in the implementation of legality and law and order is played by compliance by all participants in legal relations.