THE STATE OF DEVELOPMENT OF UKRAINIAN DEFENSE LEGISLATION

Abstract

The article is devoted to the analysis of the current state of Ukrainian defense legislation, specific issues of its codification, the identification of negative factors and the search for an adequate solution to the problems of developing and filling sections of the Defense Code of Ukraine. The system of legislation in the field of defense of Ukraine in its structural meaning generally corresponds to the construction of the system of legislation in the field of defense of NATO member countries and EU states. Certain differences, primarily of a substantive nature, have national characteristics, which cannot be an obstacle on the way to Euro-Atlantic integration. However, the existing principles and approaches are subject to agreement not only in the technical, operational (procedural), administrative aspects, but also in the essential aspects, requiring the introduction of professionalism and generally accepted democratic principles into law-making and law enforcement: the rule of law; depoliticization; decentralization; accountability and transparency; democratic control; structure optimization; changing the approach to financing the security and defense sector, resource and personnel support. The Defense Code of Ukraine aims to become the main source. The rule-making experience of the leading democratic countries and the unique practical experience of Ukraine, acquired during the military confrontation with the russian federation, the codification of the current norms in the field of defense of Ukraine will allow to effectively regulate a wide range of issues related to the preparation of the state for defense and its direct implementation.