Burtovyi R. THE PROBLEM OF CHOOSING A COMPLEX CATEGORY IN THE STUDY OF LEGAL REGULATION OF NATIONAL SECURITY IN UKRAINE

Burtovyi R.

researcher of Training Research and Production Center of the National University of Civil Protection of Ukraine Kharkiv
ORCID: 0009-0004-4568-0094

THE PROBLEM OF CHOOSING A COMPLEX CATEGORY IN THE STUDY OF LEGAL REGULATION OF NATIONAL SECURITY IN UKRAINE

DOI: 10.52363/passa-2024.2-1

Abstract

This research examines the methodological challenges in selecting appropriate categories for studying legal regulation of national security in Ukraine, particularly in the context of ongoing Russian military aggression. The study analyzes three primary conceptual approaches: the mechanism-based approach, the systemic approach, and the legal regime approach. The research demonstrates that traditional methodological frameworks require significant adaptation to address contemporary security challenges in Ukraine. Special attention is paid to the interaction between legal regulations and practical implementation of security measures under martial law conditions. The study reveals that the legal regime approach offers the most comprehensive theoretical framework for analyzing national security regulation in modern Ukraine, as it allows for consideration of both static normative elements and dynamic implementation processes. The findings suggest that effective legal regulation of national security requires a flexible methodological approach that can accommodate rapid changes in the security environment while maintaining legal certainty and constitutional rights protection.

Keywords: national security, legal regulation, methodology, Ukraine, wartime law, security threats, legal regime, constitutional protection

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