LEGAL ASPECTS OF STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE NATIONAL MINE ACTION AUTHORITY

Abstract

The article highlights the key shortcomings in the organization and functioning of the National Mine Action Authority, which determine its insufficient institutional capacity. These shortcomings include: an interagency and auxiliary status; the complexity of forming a unified state policy within the collegial decision-making; limited coordination functions; departmental dependence on the Ministry of Defence of Ukraine; the non-permanent nature of its work (in the form of meetings); the implementation of its competence through proposals and recommendations.It is argued that the optimal way to address the identified shortcomings is to establish the National Mine Action Authority as a central executive body with special status, responsible in Ukraine for regulation, management and coordination in the field of mine action. Special attention is given to the criteria indicating that this body has a special status, namely: the combination of functions related to the formulation and, partially, the implementation of state policy in the field of mine action; a special procedure for resolving personnel matters; specific mechanisms of accountability and oversight; the authority to adopt legal acts; the establishment of guarantees for the exercise of powers (including the prohibition of unlawful interference in the activities of the National Mine Action Authority, its financial and personnel support, etc.).The article proposes that a transition should be made to the principle of single authority, which does not preclude the existence of certain elements of collegiality in the activities of the National Mine Action Authority as a central executive body with special status. The establishment of the National Mine Action Authority in the form of a committee is substantiated, taking into account the need for a clearer distinction between central executive bodies according to the criterion of special status and the principle of single authority.