FUNCTION OF STATE DEFENSE: HISTORICAL AND LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

Abstract

The article analyzes the historical and legal principles and theoretical and methodological aspects of the formation and development of the state defense function. The structural elements of the state defense function are classified and systematized, its complex author’s definition is given. It is concluded that the function of defense of the modern rule of law should be understood as a natural, inherent purpose of the state as a unique political organization of society, which is manifested in its duty to protect existentially important national interests through the implementation of a comprehensive set of statutory powers authorities. The defense function is carried out in the interests of the whole society, which forms a political nation – the people of a state, in order to ensure the protection of vital national interests from acts of external aggression or any other form of illegal external interference in the internal affairs of a sovereign state. It is emphasized that the problem of determining the current content of the state defense function is especially acute in the current conditions of external armed aggression of the Russian Federation and its controlled illegal armed groups against state sovereignty, political independence, territorial integrity of our state, including de facto foreign occupation of the Autonomous Republic of Crimea, control over certain districts of Donetsk and Luhansk regions. It is determined that such a situation requires detailing the defense powers of state bodies, regulating legal relations at all levels of public power, reorienting the state apparatus to activities during hostilities, adopting clear norms on martial law and the legal regime of anti-terrorist operation. From the point of view of international law and domestic law, the self-defense of the Ukrainian people from external aggression can be achieved only in combination with the rule of law and strict observance of the rule of law by constitutional subjects. It is proved that the position of permanent neutrality under certain conditions from the theoretical and methodological point of view can be considered a specific form of state defense, which creates conditions to avoid direct participation in any military action and thus ensure protection of national interests from any hypothetical armed aggression and other forms of illegal interference in the internal affairs of the state, which are the subject of common affairs of this society.