LEGAL FOUNDATIONS OF THE ACTIVITIES OF THE NATIONAL GUARD OF UKRAINE

Abstract

Purpose. The aim of the article is to define the legal foundations of the National Guard ofUkraine's activities in the context of its role in the national security and defense system, as well asto examine the current regulatory framework governing its functioning.Methods. The article employs modern scientific research methods, including analytical, systemicstructural,historical-legal, comparative, and legal analysis of normative legal acts.Results. The article analyzes the complex and multi-level system of legal regulation of theNational Guard of Ukraine (NGU), which includes normative legal acts of varying legal force.The fundamental document defining the legal framework for NGU activities is the Constitution ofUkraine, which establishes key principles for ensuring national security, protecting sovereignty,territorial integrity, and upholding human rights. Articles 3 and 17 of the Constitution areparticularly significant, as they emphasize the priority of protecting human rights and freedomsand outline national security responsibilities.The key law regulating NGU activities is the Law of Ukraine «On the National Guard of Ukraine,»which defines its tasks, functions, structure, and powers. According to this law, NGU performs awide range of duties, including ensuring public security, maintaining public order, combatingterrorist threats, and safeguarding national security. Additionally, NGU participates in territorialdefense and cooperates with the Armed Forces of Ukraine in cases of military aggression.The legal regulation of NGU activities is further supplemented by presidential decrees, resolutionsof the Cabinet of Ministers of Ukraine, orders of the Ministry of Internal Affairs, and othersubordinate legal acts. International treaties ratified by the Verkhovna Rada of Ukraine also playan important role, ensuring the harmonization of national legislation with international standardsin the fields of human rights and security.Overall, the legal framework of NGU's activities aims to ensure the effective fulfillment of itsfunctions across various areas, including law enforcement, border protection, territorial defense,and maintaining public order during emergencies.Conclusions. The legal regulation system of the National Guard of Ukraine is complex, multilevel,and dynamic, determined by both national legislative acts and Ukraine’s international legalobligations. The foundation of its regulatory framework consists of the Constitution of Ukraine,the Law of Ukraine «On the National Guard of Ukraine,» specialized laws, subordinate regulatoryacts, and international treaties ratified by the Verkhovna Rada of Ukraine. At the same time, thecurrent legislation requires further improvement to ensure an adequate level of legal regulationthat meets modern requirements and challenges in national security and defense. A key priorityis the enhancement of the regulatory framework to eliminate gaps and conflicts, ensuring a clear definition of NGU's powers and functions, especially in the context of military aggression againstUkraine and the need to maintain public security. One of the critical issues is aligning legislativenorms with the practical needs of the National Guard, ensuring its ability to respond promptly tothreats, effectively perform tasks related to public order protection, safeguard strategic facilities,and maintain law and order in combat zones and other critical situations. An important aspectof legal reform is the harmonization of Ukrainian legislation with European and internationalstandards, particularly NATO standards, facilitating NGU’s integration into the Euro-Atlanticsecurity system. This includes implementing modern approaches to management, personneltraining, and effective cooperation with other security forces and state institutions. Additionally,adapting legislative norms to the realities of hybrid warfare is crucial, requiring new strategiesand tactics to counter threats.Thus, the further development of the legal regulation of NGU’sactivities should consider the needs of national defense, contemporary security challenges, andinternational experience. Strengthening the regulatory framework will enhance the legal statusof the National Guard, increase its capacity to maintain stability and order within the state, andprotect Ukraine’s sovereignty and territorial integrity.