Preparation of changes to the law of Ukraine „On security service of Ukraine” with the consideration of foreign experience of legal regulation of the activities of internal security services

Abstract

The authors examine the peculiarities of the legal regulation of the tasks of the Internal Security Agency of the Republic of Poland. A comparative analysis was conducted with domestic legislation, which defines the tasks of the Security Service of Ukraine, the advantages of the editorial staff of the Polish law "On the Agency of Internal Security and the Intelligence Agency" as well as the tasks of countering threats to the internal security of the state, among other things, are highlighted; neutralize the threats to the international authority of the state; the pre-trial investigation of crimes not only on the criterion of their belonging to the subject matter of the investigators of the Internal Security Agency of the Republic of Poland, but also on the criterion of their becoming a threat to the security of the state. It is concluded that such an approach of the Polish legislator allows more fully to define the competence of the state internal security authority than the approach used by the domestic legislator.

According to the results of the analysis of legislative acts of Ukraine, which defines the tasks of the Security Service of Ukraine, attention was drawn to a certain inconsistency of the provisions of the Law of Ukraine "On the Security Service of Ukraine" in this part of the provisions of other normative legal acts of Ukraine. It also became clear that the tasks of the Security Service of Ukraine, formulated in the Law of Ukraine "On National Security of Ukraine" formulated in its competence, do not fully cover its main purpose in ensuring the state security of Ukraine. It is proposed to clarify the competence of the national intelligence service in the Law of Ukraine "On the Security Service of Ukraine" with the help of such components of its competence as functions and powers.

In addition, taking into account the experience of legal regulation of the activities of the Internal Security Agency of the Republic of Poland, amendments were also proposed to the provisions of the Law of Ukraine "On the Security Service of Ukraine" defining the competence of the national intelligence service, in particular regarding the separation: counteraction of the Security Service of Ukraine to threats to the state security of Ukraine, in including - and countering threats to the international authority of the state; participation of the Security Service of Ukraine in the formation and implementation of state policy in the sphere of ensuring national security and direct provision of formation and implementation of state policy in the field of state security.