THEORETICAL PRINCIPLES OF THE LEGAL STATUS OF PUBLIC ASSOCIATIONS PARTICIPATING IN THE PROTECTION OF PUBLIC ORDER AND TERRITORIAL DEFENSE

Abstract

Based on the current legislation, the article examines the theoretical foundations of the legal status of public associations that participate in the protection of public order and are involved in territorial defense. The existing level of interaction between executive authorities and public associations in the sphere of public order and state border protection does not allow them effectively and fully realize their potential. It noted that the reason for this is improper legal regulation, significant gaps in the legislation, which hinders the creation of a working system of cooperation and coordination between the state and society in the field of public order maintenance under martial law. There are objective prerequisites for active and effective cooperation of the state in the form of executive authorities with institutions of civil society (civil associations). Society and the state are mutually interested in ensuring law and order. For society, this is a condition for a normal and safe existence. It noted that the essence of public order is to ensure the possibility of unimpeded realization of rights and freedoms by a person and a citizen in legitimate interests. Public order acts as a tool, a means of achieving this goal. There is a justified need to establish and develop a single organizational and legal form of public associations that participate in the protection of public order and the state border – state-public associations. Public associations for the protection of public order and the protection of the state border form a separate group separated from other public associations. In their legal status, there are signs of state power, which manifested in the presence of legally established measures of responsibility for non-fulfillment of legal requirements of members. Appropriate additions to the Law of Ukraine “On the participation of citizens in the protection of public order and the state border”.