Open AccessLEGAL INFLUENCE, LEGAL REGULATION AND ITS MECHANISM IN THE PROCESS OF ORGANIZATION OF LEGAL SECURITY OF THE BORDER SECURITY OF UKRAINE
Author(s) -
Oleh Hanba
Publication year - 2019
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/391946
Subject(s) - ukrainian , obligation , political science , mechanism (biology) , law , legal research , context (archaeology) , enforcement , business , law and economics , sociology , paleontology , philosophy , linguistics , epistemology , biology
The paper summarizes the scientific views of scientists to clarify the concept and essence of the categories “legal influence”, “legal regulation” and “mechanism of legal regulation”.It is substantiated that the most significant contribution to the theoretical solution to the problems of legal regulation was made by S.S. Alekseev, who, for the first time, summarizing the scientific achievements of his predecessors, first offered a complete theoretical concept of legal regulation and its mechanism.It is emphasized that researchers of different generations have significantly enriched the number of scientific approaches to the interpretation of the categories under study. At the same time, modern Ukrainian and foreign scientists define legal regulation from more or less the same scientific positions.It is noted that the legal impact on the consciousness and behavior of military personnel and employees of the State Border GuardService of Ukraine, military formations and other law enforcement agencies of the border security of our country is important for improving the quality of legal regulation in the research area, which is especially important in the context of hybrid, which is the ATO/OOS.Attention is drawn to the specific differences of legal influence from legal regulation in the field of border security of Ukraine.The author proposes four criteria for the following differences: by subject of action, by mechanism, by effect, by degree of obligation.The place, role and importance of the mechanism of legal regulation of legal relations in the field of border security of Ukraine, which is the main component of national security of our state, is determined. Therefore, the importance of the studied category is actualized not only by military confrontation with the Russian Federation, but also by the intensification of Ukraine’s integration and globalization processes, which leads to the exit of any direction of legal regulation beyond state borders and the urgent need to form bilateral mechanisms for such regulation of legal relations in common with the border neighboring countries, as well as the formation of a single international mechanism for the unified regulation of relations in the European and world border area as a whole.