Service and combat activities of the State Border Service of Ukraine: invitation to discussion

Abstract

The article is dedicated to the formulation of the problem regarding understanding operational-service and service-combat activities of the State Border Guard Service of Ukraine in the conditions of conducting military (combat) actions. The article examines the current aspects of functioning and challenges faced by the State Border Guard Service of Ukraine in the context of russia’s armed aggression in terms of legal regulation for implementation of its functions. The issue of legislative regulation of problematic issues arising in the process of using the forces and means of the State Border Guard Service of Ukraine during the direct conduct of military (combat) actions is proposed for discussion in the expert environment. It is noted that the State Border Guard Service of Ukraine is a law enforcement body of special purpose, but endowed with military functions, whose activities are directed and coordinated by the Minister of Internal Affairs. The existence of military functions provides grounds for the introduction of such a definition as «service combat activity» into the regulatory and legal circulation. Service-combat activity will characterize the execution of tasks by the State Border Guard Service of Ukraine under normal conditions — «service activity», and under the conditions of an aggravation of the operational situation (martial law) — «combat activity». Attention is drawn to the fact that not all bodies and divisions of the State Border Guard Service of Ukraine perform combat tasks in the broadest sense, which requires the allocation of separate combat units in its structure, the main purpose of which will be the execution of combat tasks only. The article considers an important problem of the activity of the State Border Guard Service of Ukraine, states its relevance in the modern context, demonstrating the need to find new solutions and approaches to strengthen the border security of Ukraine. Attention is drawn to the need to codify legislation on the state border of Ukraine.