Constitutional and legal framework for the institutionalization of Ukraine’s security and defense sector

Abstract

The article focuses on the examination of the constitutional and legal framework that underpins the institutionalization of Ukraine’s security and defense sector. The relevance of this issue stems from the close connection between the security and defense sector of Ukraine and the safeguarding of the country’s constitutional order. Consequently, there is a need to elucidate the constitutional and legal basis for the organization and functioning of this sector. Additionally, the author emphasizes that the Constitution of Ukraine does not explicitly reference this sector, and its thorough legal institutionalization was accomplished relatively recently, particularly with the enactment of the comprehensive Law of Ukraine “On National Security of Ukraine” in 2018.

Before the enactment of this Law, various legislative acts were in place, each contributing to the formation of differing approaches. Notably, these acts facilitated the institutionalization of the Military Organization of the State, a complex entity that consolidated the responsibilities of state structures and, by its legal nature, closely aligned with the contemporary concept of Ukraine’s security and defense sector.

To thoroughly understand the key aspects of the institutionalization of Ukraine’s security and defense sector, it becomes necessary to compare the legal constructs of the “Military Organization of the State” and the “security and defense sector of Ukraine”. This comparative approach aims to offer a clearer understanding of the logic behind state-building in the context of Ukraine’s national security and defense, highlighting the continuity in this domain and the corresponding constitutional and legal regulations.

Applying a systemic analysis to the above two terms, we can distinguish the basic and key components of the latter. The first component is institutional, which is what entities are grouped under these terms. From the institutional point of view, the security and defense sector covers a wider range of actors. The second component (legalization) is related to the legal basis for their activities. In both cases, it means that the activities of the respective entities are carried out in accordance with the Constitution and laws of Ukraine. At the same time, only the definition of the concept of the Military Organization of the State also stipulates that the entities not only act on the basis of the Constitution and laws of Ukraine, but are also created. The third component (functional) is that the definition of these two concepts indicates what tasks the Military Organization of the State was directly facing, as well as the tasks currently facing the units of the security and defense sector of Ukraine. And finally, the fourth component (guarantee) is related to guaranteeing compliance with the requirements of the Constitution and laws of Ukraine within the organization and activities of the above-mentioned entities.