PhD in Law, assistant professor,
National Academy of the Security Service of Ukraine
кандидат юридичних наук, доцент кафедри
Національна академія Служби безпеки України
OPERATIONAL SUPPORT of Ukraine’s national interests in the sphere of international trade and economic cooperation: conceptual framework
Оперативне забезпечення національних інтересів україни у сфері Міжнародного торговельно-економічного співробітництва: концептуальні засади
Abstract. In the paper the conceptual framework, namely the principles of operational support of Ukraine’s national interests in the sphere of international trade and economic cooperation, is defined and analyzed. The definition of the concept of “the principles of operational support of Ukraine’s national interests in the sphere of international trade and economic cooperation” is developed. The division of the above mentioned principles into 3 groups – general, special and sectorial – is offered. The content of the aforementioned principles is investigated. Their classification is developed.
Анотація. У статті визначено та проаналізовано концептуальні засади, а саме, принципи оперативного забезпечення національних інтересів України у сфері міжнародного торговельно-економічного співробітництва. Виведено визначення поняття «принципи оперативного забезпечення національних інтересів України у сфері міжнародного торговельно-економічного співробітництва». Запропоновано розподіл вищезазначених принципів на 3 групи – основні, спеціальні та галузеві. Досліджено зміст згаданих принципів. Розроблено їхню класифікацію.
Key words: conceptual framework, principles, legislature, law enforcement bodies, operational support, international trade and economic cooperation, national security.
Ключові слова: концептуальні засади, принципи, законодавство, правоохоронні органи, оперативне забезпечення, міжнародне торговельно-економічне співробітництво, національна безпека.
Introduction. The issue of defining the conceptual framework of the operational support of state economic security by the law enforcement bodies of Ukraine insofar as it relates to part concerning its international trade and economic cooperation, is quite urgent nowadays because it has got no proper doctrinal comprehension yet. Therefore, the above-mentioned problem requires the corresponding theoretical, legal and scientific substantiation, since law-enforcement activity aimed at ensuring state security in the field of international trade and economic cooperation should be based on the corresponding principles, which comprise its conceptual framework.
Analysis of recent research and publications. The principles of operation of law-enforcement bodies of Ukraine in the field of supporting national interests in various spheres of social relations were thoroughly investigated by O.M. Bandurka, V.G. Gritsenko, M.I. Kozyubra, S.M. Kuznetsov, V. Marmazov, L.V. Polyakov, O.L. Samofalov et al. At the same time, the principles of operational support of the national interests relating to the international trade and economic cooperation (hereinafter – ITEC) of Ukraine are still not properly studied in the scientific literature, and therefore require comprehensive analysis and systematization.
Presentation of the basic material. In lexicographic literature, the «principle» is interpreted as: the basic initial position of any scientific system, theory, ideological direction, etc.; the rule as the basis for the activities of any organization, society, etc. . Philosophical dictionaries define the «principle» as the basis, the beginning, the guiding idea on the most significant laws that are of primary importance [2, p. 519]. Thus, the principles are viewed as fundamental, important, essential foundations of any activity.
Now let us refer to the classification of the above mentioned principles. It should be noted that the operational support of the national interests in the sphere of the ITEC is based on a combination of basic principles of the law enforcement activity enshrined in the norms of the current legislation of Ukraine as well as in the international treaties and agreements ratified by Ukraine and sectorial principles of international trade and economic relations (including provisions of the international legal acts in this field). Therefore, we propose to divide the principles of the operational support of the national interests relating to the international trade and economic cooperation into three groups: general (basic principles of the activity of the law-enforcement bodies of Ukraine enshrined both in national and international legislature), special (principles of the operational support of the ITEC of Ukraine) and sectorial (principles, including those set forth in the provisions of international legislature regulating public relations in the field of foreign economic activity, an integral part of which is the ITEC).
As it is known, the main constitutional principles of the activity of law-enforcement bodies of Ukraine are: respect for and observance of human rights and freedoms, equality before the law, the rule of law, democracy, sovereignty and unanimous rule of the people, etc. . In official sources, the following principles of the above mentioned activity can also be found – “a combination of united command and collegiality, transparency and conspiracy” .
Moreover, it should be emphasized that the principle of observance of the rule of law is one of the international obligations taken by Ukraine in accordance with the Article 3 of the Statute of the Council of Europe [5, p. 215].
We agree with V. Marmazov, who argues that the principle of the rule of law in the context of law-enforcement activity means that human rights are enshrined in national regulations and in international laws and law-enforcement bodies are responsible for the implementation and enforcement of the law on human rights. Law enforcement agencies should not violate the application and implementation of the law [6, p. 265].
Furthermore, in accordance with the provisions of the Recommendation of the Committee of Ministers of the Council of Europe (R2001 (10)) of 19 September 2001, the basic principles of law enforcement activity are the principles of legality, necessity and appropriateness, the principles of impartiality and non-discriminatory approach, the plea for justice is absolute and not subject to restriction [7, p. 265].
Thus among the general principles of law enforcement activity the following ones should be mentioned:
— the rule of law and order – law enforcement activities are carried out in accordance with the Constitution of Ukraine, international legal acts ratified via the established procedure, laws, normative legal acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, profile ministries and departments. The use of measures of state coercion for the realization of duties and rights by the subjects of this activity is permissible only in cases and in the manner prescribed by the law;
— justice. Justice means above all a non-discriminatory approach, impartiality. Ensuring justice is crucial for implementing the constitutional principle of the rule of law in Ukraine. One of the manifestations of the rule of law is that the law is not limited only to the law itself, but also includes other social regulators, in particular norms of morality, traditions, customs, etc., which are legitimized by society and are determined by the historically achieved cultural level of society [8, p . 99];
— observance of the rights and freedoms of individuals and legal entities. The activity takes place on the basis of observance of human rights and freedoms, their legitimate interests and respect for their dignity;
— openness and transparency. The activity is carried out according to the principles of openness and transparency within the limits defined by the laws of Ukraine.
— political neutrality;
— providing public trust on the basis of partnership.
We believe that the above mentioned principles of the activity of law enforcement bodies can serve as the basis for determining the general principles of operational support of international trade and economic cooperation of Ukraine.
Among the special principles that determine the organization and implementation of the operational support of national interests in the sphere of international trade and economic cooperation of Ukraine, the following ones should be mentioned:
the principle of scientific management: it is based on the existence of scientifically grounded methodology for the organization and implementation of counter-intelligence and operational-search activities to support the ITEC of Ukraine. It allows to carry out the practical work of law enforcement agencies in this field on a scientific basis, as well as contributes to a better understanding of the role and significance of such type of operational activity;
the principle of system-optimization is aimed to develop a system of operational measures in the sphere of the ITEC of Ukraine, which is supposed to be a set of interrelated actions of the relevant operational units in order to detect, prevent and eliminate threats to the national security in the sphere of the ITEC of Ukraine;
the principle of integrity is meant to involve all the available operational forces and facilities in order to organize and conduct appropriate activities in the sphere of the ITEC of Ukraine;
the principle of planning assumes the availability of targeted programs, specific plans and strategies for organizing and conducting counter-intelligence and operational-search activities in the sphere of ITEC of Ukraine based on the results of studying and assessing the operational environment in this field;
the principle of continuity is based on continuous monitoring of the operational environment to identify its trends in order to increase the effectiveness of law enforcement bodies in securing national interests in the sphere of international trade and economic cooperation of Ukraine;
the principle of adequacy involves the development and implementation of such a system of operational measures that would ensure the adequate response of the authorized units of law enforcement agencies of Ukraine to the threats, challenges and risks to national security in the sphere of ITEC;
the principle of selectivity and concentration. Under the condition of growing openness of the Ukrainian economy together with the intensification of its interaction with other countries of the world community, new threats, risks and challenges to the state economic security at the global, regional and national levels are emerging. The prevention of these dangers primarily involves observing the principle of selectivity and concentration, which in this context consists in: understanding and counteracting the threats, risks and challenges to the state security in the sphere of ITEC of Ukraine by the authorized law-enforcement bodies of Ukraine; the correct definition of the subjects of the international trade and economic cooperation of Ukraine, whose activities contain the signs of offenses, as well as those which are the objects of interest of the foreign intelligence agencies, etc.;
the principle of interaction is aimed at developing an effective mechanism of internal interaction between the operational units involved in ensuring the interests of the state in the sphere of ITEC of Ukraine, as well as the external interaction of law enforcement agencies of Ukraine with each other and with other state institutions that carry out regulatory policy in this area;
the principle of organizational structure involves the distribution of operational activity in the sphere of ITEC of Ukraine at certain levels, with the relevant tasks (strategic, tactical, etc.) fulfilled at each level;
the principle of forecasting assumes continuous updating and processing of information on the current state of operational environment in the sphere of the ITEC of Ukraine in order to determine the prospects for its change, as well as trends and patterns of activity (inactivity) to the detriment of the state interests of Ukraine, including those performed under legal cover;
the principle of priority of prevention and control measures provides timely identification of trends and preconditions that contribute to the emergence of potential threats and the development of a set of appropriate preventive and control measures to eliminate the development of real threats;
the principle of competence means that the operational activities of law enforcement bodies of Ukraine in the sphere of international trade and economic cooperation of Ukraine should be aimed at solving problems that are within their competence.
Thus, taking into account the general approaches to the interpretation of the concept of “principle” and considering the classification offered above, we propose to define the principles of operational support of the national interests in the sphere of international trade and economic cooperation of Ukraine as the main provisions defining the content, namely organizational forms and methods of operational support of this activity, and characterizing the patterns of the use of legal, personnel, material, technical and other resources in the process of its implementation in accordance with the set objectives.
In the context of our research, we should also mention the field-specific sectorial principles of international trade and economic cooperation, which, although having an indirect relation to the activity of law enforcement agencies of Ukraine in this sphere, should nevertheless be taken into account while determining the conceptual framework of the operational support of the national interests in the sphere of international trade and economic cooperation of Ukraine.
These sectorial principles can be divided, first of all, into internal ones (enshrined in the current legislation of Ukraine, in particular, in the Law of Ukraine “On Foreign Economic Activity” ). Among them: the principle of sovereignty of the people of Ukraine in the implementation of foreign economic activity; the principle of freedom of foreign economic activity; the principle of legal equality and non-discrimination; the rule of law; the principle of protecting the interests of subjects of foreign economic activity; the principle of equivalence of exchange, the inadmissibility of dumping in the import and export of goods.
Secondly, among the sectorial principles of the ITEC of Ukraine, we can also distinguish between external ones, that are those, enshrined in the corresponding international legal acts and are binding for all the signatory states.
Thus, in order to regulate international cooperation in the field of trade, a complex of international legal acts that constitute international trade law (sub-branch of the international economic law) was developed. In particular, it refers to the UN Charter (1945); the Multilateral General Agreement on Tariffs and Trade (GATT) (1947); Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States (1970); Declaration on the Establishment of a New International Economic Order (1974); Principles of International Trade and Trade Policy Promotion (1964), World Trade Organization (WTO) (1995), etc.
The most comprehensive list of principles for the organization of international economic relations is included in the Charter of Economic Rights and Duties of States – a document adopted by the Fourth Special Session of the General Assembly of the United Nations (1974) . Among them it is worth to mention: the sovereign equality of all states; mutual and equitable benefit; peaceful settlement of disputes; fulfillment in good faith of international obligations; respect for human rights and international obligations; no attempt to seek hegemony and spheres of influence; promotion of international social justice; international cooperation for development etc.
The analysis of all the international legal documents listed above proves that the principle of cooperation between the states of the world community, as well as the development of international economic and, especially, trade cooperation, is the basis for the establishment and development of international relations in various spheres and industries.
Therefore, we can argue that these principles deserve special attention in the process of determining the conceptual framework for the operational support of Ukraine’s national interests in the field of international trade and economic cooperation.
Conclusions. Proceeding from the above mentioned, we can conclude that the principles of operational support of the international trade and economic cooperation of Ukraine can be considered as the main provisions defining the content, namely organizational forms and methods of operational support of this activity, and characterizing the patterns of the use of legal, personnel, material, technical and other resources in the process of its implementation in accordance with the set objectives.
We suggest to divide these principles into general, which are the basic principles of the activity of law-enforcement bodies of Ukraine and special ones, reflecting the specifics of the authorized law enforcement units’ activity organization in this sphere.
In addition, we consider it appropriate to determine the principles of operational support of ITEC of Ukraine taking into account the field-specific principles that regulate social relations in the sphere of foreign economic activity and international trade and are enshrined in the provisions of Ukrainian and international legislation.
Promising direction for further research is supposed to be the definition and theoretical substantiation of other components of the operational support of the international trade and economic cooperation of Ukraine, namely the areas of activity and priority tasks of the law enforcement bodies of Ukraine in this field.
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