REGARDING THE DEFINITION OF THE STATUS PROBLEMS OF THE COMMANDER OF THE NATIONAL GUARD OF UKRAINE IN THE SCIENCE OF ADMINISTRATIVE LAW

Abstract

The article clarifies the theoretical and legal problems of the administrative and legal status of the commander of the National guard of Ukraine and suggests ways to solve them. It is established that at present the issue of determining the administrative and legal status of the commander of the National guard of Ukraine remains controversial in the science of administrative law. The erroneous judgment on the identification of the administrative and legal status of a public authority with the status of its head has been proved. The characteristic features of the legislative requirements to the administrative and legal status of the commander of the National guard of Ukraine are highlighted, among which: mandatory presence of Ukrainian citizenship, the presence of the title assigned in the manner prescribed by law, the need to take the oath of a serviceman of the National guard of Ukraine, giving the right to make managerial decisions, etc. Currently, the structure of the National guard of Ukraine has a vertical structure and includes both elements of military management and features of law enforcement. A number of features of the administrative and legal status of the commander of the National Guard of Ukraine, which are briefly reviewed in the scientific sources analyzed by the author, are related to empowering him to bring to justice the National Guard of Ukraine for military administrative offenses. In the process of realization of the specified directions of official activity of the National Guard of Ukraine it is given: a) the general status of military formation with law enforcement functions in structure of the Ministry of Internal Affairs of Ukraine; b) special status for the exercise of the powers of the National Guard of Ukraine in ordinary and special conditions; c) special status of the subject of interaction with law enforcement bodies, executive bodies and local self-government bodies. The above allows us to draw an important conclusion that the legal status of any entity is determined by the set of statuses to which it is endowed. In our opinion, the “boundaries” of the status are outlined within the framework of its legal status, which is established by law. Only within the limits of their legal status can the subjects of administrative legal relations be endowed with a set of administrative and legal statuses.