LAW OF UKRAINE

of June 21, 2018 No. 2469-VIII

About homeland security of Ukraine

This Law according to Articles 1, of 2, of 17, 18 and 92 Constitutions of Ukraine determines bases and the principles of homeland security and defense, the purpose and the basic principles of state policy which will guarantee to society and each citizen protection against threats and to promote approval of the Ukrainian national and civil identity.

This Law determines and differentiated powers of state bodies in spheres of homeland security and defense, the basis for integration of policy and procedures of public authorities, other state bodies which functions concern homeland security and defense, security forces and forces of defense is created, the system of command, control and coordination of transactions of security forces and forces of defense is determined, comprehensive approach to planning in spheres of homeland security and defense is entered, providing thus democratic civil control over bodies and forming of the sector of safety and defense.

Section I General provisions

Article 1. Determination of terms

1. The terms provided in this Law are used in such value:

1) the military conflict - form of permission of interstate or interstate contradictions with bilateral use of military force; main types of the military conflict is war and armed conflict;

2) military safety - security of the state sovereignty, territorial integrity and democratic constitutional system and other vital national interests from military threats;

3) public safety and procedure - security vital for society and the identity of interests, rights and freedoms of man and citizen which providing is priority task of activities of security forces, other state bodies, local government bodies, their officials and the public which perform agreed measures on realization and protection of national interests against impact of threats;

4) state security - security of the state sovereignty, territorial integrity and democratic constitutional system and other vital national interests from real and potential hazards of not military nature;

5) democratic civil control - complex performed according to the Constitution and the laws of Ukraine of legal, organizational, information, personnel and other measures for ensuring supremacy of law, legality, accountability, transparency of bodies of the sector of safety and defense and other bodies which activities are connected with restriction in the cases of human rights and freedoms determined by the law, assistance of their effective activities and to accomplishment of the functions assigned to them, strengthening of homeland security of Ukraine;

6) threats of homeland security of Ukraine - the phenomena, tendencies and factors which make impossible or complicate or can make impossible or complicate realization of national interests and preserving national values of Ukraine;

7) armed conflict - armed conflict between the states (the international armed conflict, armed conflict on frontier) or between the conflicting parties within the territory of one state, as a rule, with support from the outside (internal armed conflict);

8) complex survey of the sector of safety and defense - assessment procedure of condition and readiness of components of the sector of safety and defense to accomplishment of tasks to destination by results of which conceptual documents of development of components of the sector of safety and defense are developed and specified and are determined the measures directed to achievement by them of necessary forces and means for accomplishment of tasks to destination in the flowing and predicted conditions of the safe circle;

9) homeland security of Ukraine - security of the state sovereignty, territorial integrity, democratic constitutional system and other national interests from real and potential hazards;

10) national interests - the vital interests of the person, society and state which realization provides the state sovereignty of Ukraine, its progressive democratic development, and also safe conditions of life activity and welfare of her citizens;

11) defense survey - assessment procedure of condition and readiness of forces of defense for accomplishment of tasks on defense of Ukraine, condition their personnel, financial, material and other types of providing;

12) defense planning - component of system of the state strategic planning which is performed for the purpose of ensuring defense capability of the state by determination of priorities and directions of development of forces of defense, their capabilities, arms and military equipment, infrastructure, training of troops (forces), and also development of the corresponding concepts, programs and plans taking into account real and potential hazards in the military sphere and financial and economic opportunities of the state;

13) defense industry complex of Ukraine - set of state bodies, companies, organizations and organizations of the industry and science which develop make, modernize and utilize military products, render services for the benefit of defense for equipment and material security of security forces and forces of defense, and also perform delivery of military goods and double use, military rendering of services during execution of the actions of military and technical cooperation of Ukraine with other states;

14) survey of defense industry complex of Ukraine - assessment procedure of condition and readiness of defense industry complex on satisfaction of need of the sector of safety and defense in arms, the military and special equipment;

15) planning in the field of homeland security - function of public administration with determination of priorities, tasks and measures for ensuring national security of Ukraine, the balanced development of components of the sector of safety and defense on the basis of assessment of safety of situation and taking into account financial and economic opportunities of the state;

16) the sector of safety and defense - the system of public authorities, the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming, law enforcement and prospecting agencies, state bodies of special purpose with law-enforcement functions, forces of civil protection, defense industry complex of Ukraine which activities are under democratic civil control and according to the Constitution and the laws of Ukraine on functional purpose is directed to protection of national interests of Ukraine against threats, and also citizens and public associations which voluntarily participate in ensuring national security of Ukraine;

17) security forces - law enforcement and prospecting agencies, state bodies of special purpose with law-enforcement functions, forces of civil protection and other bodies to which the Constitution and the laws of Ukraine assign functions on ensuring national security of Ukraine;

18) defense forces - The Armed Forces of Ukraine, and also other military forming formed according to the laws of Ukraine, law enforcement and prospecting agencies, bodies of special purpose with law-enforcement functions to which the Constitution and the laws of Ukraine assign functions on ensuring defense of the state;

19) the Strategy of homeland security of Ukraine - the document which determines urgent threats of homeland security of Ukraine and the answering purpose, tasks, mechanisms of protection of national interests of Ukraine and is basis for planning and realization of state policy in the field of homeland security;

20) the Strategy of military safety of Ukraine - the document in which the frame of reference on origins, essence and nature of the modern military conflicts, the principles and ways of prevention of their origin, preparation of the state for the possible military conflict, and also on use of military force for protection of the state sovereignty, territorial integrity, other vital national interests is stated;

21) the Strategy of cyber security of Ukraine - the document of long-term planning determining threats of cyber security of Ukraine, priorities and the directions of ensuring cyber security of Ukraine for the purpose of creation of conditions for safe functioning of cyberspace, its use for the benefit of the personality, societies and the states;

22) the Strategic defense bulletin of Ukraine - the document of defense planning which is developed by results of the defense overview and determines the main directions of realization of military policy of Ukraine, strategic objectives of development and the expected results of their achievement taking into account urgent military-political threats and challenges;

23) the Strategy of public safety and civil protection of Ukraine - the document of long-term planning which is developed on the basis of the Strategy of homeland security of Ukraine by results of survey of public safety and civil protection and determines the directions of state policy by ensuring security vital for the state, society and the identity of interests, rights and freedoms of man and citizen, the purposes and the expected results of their achievement taking into account urgent threats;

24) the Development strategy of defense industry complex of Ukraine - the document which is developed by results of survey of defense industry complex of Ukraine and determines the priority directions of the state military-industrial policy, the purpose of reform of defense industry complex and the expected results of their achievement taking into account urgent military-political threats and challenges;

25) the Strategy of the integrated management of frontier of Ukraine – the document of long-term planning developed on the basis of the Strategy of homeland security of Ukraine for the purpose of determination of the priority directions of state policy in the field of protection and protection of frontier of Ukraine, strategic objectives of development and the expected results of their achievement taking into account creation and maintenance of balance between ensuring proper level of boundary safety and preserving openness of frontier of Ukraine for legal cross-border cooperation and also for persons, travelers.

2. Other terms in this Law are used in the value given in the laws of Ukraine.

Section II of the Basis of homeland security of Ukraine

Article 2. The legal basis of state policy in spheres of homeland security and defense

1. The legal basis of state policy in spheres of homeland security and defense is constituted the Constitution of Ukraine, this and other laws of Ukraine, the international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine, and also the published in pursuance of the Constitution and the laws of Ukraine, other regulatory legal acts.

Article 3. The principles of state policy in spheres of homeland security and defense

1. State policy in spheres of homeland security and defense is directed to protection: man and citizen - life and advantage, constitutional rights and freedoms, safe conditions of life activity of the person; societies - its democratic values, welfare and conditions for sustainable development; the states - its constitutional system, sovereignty, territorial integrity and immunity; the territories, the surrounding environment - from emergency situations; Ukrainian as state; national memory of the Ukrainian people and cultural heritage.

2. The basic principles which determine procedure for forming of state policy in spheres of homeland security and defense are:

1) supremacy of law, accountability, legality, transparency and observance of bases of democratic civil control of functioning of the sector of safety and defense and use of force;

2) respect for rules of international law, participation for the benefit of Ukraine in international efforts on peacekeeping and safety, interstate systems and mechanisms of the international collective security;

3) development of the sector of safety and defense as main instrument of realization of state policy in spheres of homeland security and defense.

3. Fundamental national interests of Ukraine are:

1) state sovereignty and territorial integrity, democratic constitutional system, non-admission of intervention in internal affairs of Ukraine;

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