THE GENESIS OF THE FORMATION OF THE NATIONAL GUARD OF UKRAINE

Abstract

The article reveals the process of formation and development of the National Guard of Ukraine as a distinct segment of the state’s security and defense sector. The author conducts a historical and legal analysis of the transformation of this military formation with law enforcement functions within the context of key stages in the development of Ukrainian statehood. Four main periods are identified: the era of the Ukrainian People’s Republic, the period of Ukraine’s existence within the USSR, the years following the restoration of independence in 1991, and the modern stage that began after 2014 – during the period of European integration changes and armed aggression against Ukraine. Special attention is given to the analysis of legal regulation, organizational structure, functional purpose, and the strategic role of the National Guard of Ukraine in ensuring public order, countering terrorist threats, and protecting territorial integrity and national security. Emphasis is placed on the shift in Ukraine’s security policy philosophy, particularly its move toward integration into the European security space. The study examines the dual nature of the National Guard’s activities – as both a military formation and a law enforcement agency. It is found that this dual functionality generates specific legal and organizational challenges, which become especially evident under martial law conditions. Based on the analysis of scholarly sources, legislation, and the practical functioning of the National Guard of Ukraine, the article concludes that further reform is needed, particularly regarding its administrative and legal status, the legislative framework of its powers, the division of functions with other law enforcement and military bodies, and the enhancement of its role within the national security system.