Forms of democratic civilian control over the defense forces of Ukraine
| Autor: | D.O. Degtyarev |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Uzhhorod National University Herald. Series: Law. :209-212 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2021.64.38 |
| Popis: | The purpose of the article is to define the concept and types of forms of democratic civilian control over the defense forces. Three aspects are identified in which the forms of democratic civilian control over the defense forces can be considered: 1) the activity aspect, according to which the form of control acts as a complex of actions of its subjects; 2) the analytical aspect, according to which the form of control has its integral element of collecting, highlighting information and data on the controlled object, comparing them with each other, de-termining the patterns and trends inherent in the functioning of the controlled object, modeling the state of the controlled object in the future, depending on the applied management decisions; 3) the organizational aspect, according to which the form of control is a way of organizing the activity of the subjects of control and the con-nections between them. Each of these aspects of the form of control is necessary for the effective implementation of control activities. The definitions of the forms of democratic civilian control over the defense forces as united by a single goal, carried out in accordance with the powers of the subjects of control defined in the acts of military legislation, are formulated for a complex of organizational and analytical measures aimed at achieving the goal of control.It was found that the forms of democratic civilian control over the defense forces should be attributed to the pub-lication of public information, the activities of temporary commissions of inquiry, internal audit, external financial control (audit), judicial control, scientific and applied (for example, sociological) research aimed at determining the actual state of control objects. The validity of classifying official investigations, inquiries and pre-trial investigations forms of democratic civil control raises doubts, taking into account the provisions of paragraph 2 of part 1 of arti-cle 1 of the Law of Ukraine “On National Security of Ukraine”, which defines an exhaustive list of types of control.An analysis of the essence and features of the forms of democratic civilian control over the defense forces allows us to make sure that these forms are inherently connected with the content of this control and are determined by the legal status of its subjects. At the same time, the forms of control can be classified by content, by subjects, by legal consequences for objects of control, as well as by timing. |
| Databáze: | OpenAIRE |
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