Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 11/08/23 Aceptado el 22/09/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 79 (2023), 524-541
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
National Security and Public
Safety: Models of Legal Regulation in
Comparative Perspective
DOI: https://doi.org/10.46398/cuestpol.4179.36
Yuliia Danylevska *
Tamara Makarenko **
Volodymyr Myroshnychenko ***
Tetiana Lysenko ****
Iryna Petiahina *****
Dmitriy Kamensky ******
Abstract
The paper addresses some pressing national security and
public safety issues in various jurisdictions, including Ukraine.
The correlation between two main concepts is emphasized. It is
shown that in the modern world risks related to national security
and, therefore, also to public security are signicant. The approaches to
dening the two main components of the state are illustrated and the main
elements are pointed out. It is emphasized that today security is one of the
key values (rights) for any person and citizen and is generally prescribed
in national Constitutions. The provisions of the draft Public Security and
Civil Defense Strategy of Ukraine (2021), related to national security
and public safety, have been discussed. Finally, the main threats to the
security of the community and individual citizens have been outlined and
the means to overcome them have been elaborated. In the conclusions, it
has been established that the formulation of a security and defense sector
* PhD., in Law, Senior Researcher, Head of Doctoral Studies of the Donetsk State University of Internal
Aairs (Kropivnitskiy, Ukraine). ORCID ID: https://orcid.org/0000-0002-1893-8473. Email:
yuladan83@gmail.com
** Associate Professor, Dean of the Faculty of Humanities and Economics at Berdyansk State Pedagogical
University (Zaporizhzhia, Ukraine). ORCID ID: https://orcid.org/0000-0003-2893-7789. Email:
tamara_makarenko@ukr.net
*** PhD., in Pedagogical Sciences, Associate Professor, Associate Professor of the Department of Law at
Berdyansk State Pedagogical University (Zaporizhzhia, Ukraine). ORCID ID: https://orcid.org/0000-
0002-2281-1299. Email: Miro2020@i.ua
**** PhD., in Law, Associate Professor of the Department of Law at Berdyansk State Pedagogical University
(Zaporizhzhia, Ukraine). ORCID ID: https://orcid.org/0009-0006-0109-4469. Email: t-kurus1@ukr.
net
***** Senior Lecturer of the Department of Law at Berdyansk State Pedagogical University (Zaporizhzhia,
Ukraine) ORCID ID: https://orcid.org/0000-0001-8693-9710. Email: petyagina@gmail.com
****** Doctor of Legal Sciences, Professor, Professor of the Legal Courses Department at Berdyansk State
Pedagogical University (Zaporizhzhia, Ukraine). ORCID ID: https://orcid.org/0000-0002-3610-2514.
Email: dm.kamensky@gmail.com
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 524-541
perspective model for central executive authorities presents a number of
opportunities as well as challenges. Moreover, it is dicult to give a clear
and all-encompassing legal denition of the concept of “public security”.
Keywords: national security; public safety; law enforcement; police and
community; rights and freedoms.
Seguridad Nacional y Seguridad Pública: Modelos de
regulación jurídica en perspectiva comparada
Resumen
El documento aborda algunas cuestiones acuciantes de seguridad
nacional y seguridad pública en varias jurisdicciones, incluida Ucrania. Se
hace hincapié en la correlación entre dos conceptos principales. Se demuestra
que en el mundo moderno son signicativos los riesgos relacionados con la
seguridad nacional y, por tanto, también con la seguridad pública. Se ilustran
los enfoques para denir los dos componentes principales del Estado y se
señalan los elementos principales. Se subraya que hoy en día la seguridad
es uno de los valores (derechos) clave para cualquier persona y ciudadano
y que generalmente está prescrita en las Constituciones nacionales. Se han
debatido las disposiciones del proyecto de Estrategia de Seguridad Pública
y Defensa Civil de Ucrania (2021), relacionadas con la seguridad nacional y
la seguridad pública. Finalmente, se han esbozado las principales amenazas
a la seguridad de la comunidad y de los ciudadanos individuales y se han
elaborado los medios para superarlas. En las conclusiones se ha establecido
que la formulación de un modelo de perspectiva del sector de la seguridad
y la defensa para las autoridades ejecutivas centrales, presenta diversas
oportunidades, así como desafíos. Además, es difícil dar una denición
jurídica clara y omnicomprensiva del concepto de «seguridad pública».
Palabras clave: seguridad nacional; seguridad pública; fuerzas del
orden; policía y comunidad; derechos y libertades.
Introduction
Ensuring constitutional rights and freedoms of a person is one of the
key obligations of any state. In particular, a person, his or her life, health,
honor, dignity, inviolability and security are recognized as the highest social
value in Ukraine (Art. 3 of the national Constitution). As one might observe,
security remains among such key values (or rights) for any person.
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Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
Community is an undeniably complex and diverse infrastructure, which
is constantly evolving. The pace of our everyday life increases, events
and activities involving a large number of citizens take place. High trac
intensity requires prompt monitoring and control in real time. Crimes
become more spread and evolving. Residents of the community are at risk
of encountering many dangers that accompany daily life under modern
conditions. This means the issue of security in the current environment is
more relevant than ever before.
National security can be dened (among various denitions available)
as protection of the vital interests of a person and citizen, society and
state, which ensures sustainable development of society, timely detection,
prevention and neutralization of real and potential threats to national
interests. This denition suits national security regimes in most of world
jurisdictions (Pavlenko et al., 2021).
Concurrently, public safety can be explained as the state of protection
of civil society and at the same time the absence of danger to people’s lives
and health, to ensure their peace, free exercise of their rights and freedoms,
protection of property rights, for the normal functioning of enterprises,
institutions and organizations regardless of the forms of ownership,
for the integrity and preservation of material values. Such approach to
understanding the fundamental category for any modern legal state and
civil society is being gradually introduced in Ukraine and other emerging
democracies.
Thus, based on various interpretation approaches, national security
and public safety have many common elements, including the key goal of
providing security options to a certain group of people.
1. Objectives
The goal of our research is to critically review the current state of national
security and public safety in Ukraine and beyond and to single out both
certain positive points in the direction of strengthening these components
of national security, as well as issues (challenges) on the path to creating
a modern European model of public security, based on the principles of
an integrated approach, operational response, human-centered philosophy
and the rule of law.
2. Materials and methods
In the course of writing this paper, the following research methods
have been used. The system-structural method has been used to describe
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applicable statutes and their location within the structure of the national
legal systems. Legislative approaches toward constructing relevant statutory
frameworks also fall under this scientic method. Based on the basic laws of
logic and reasoning, the system-structural method allows to establish new
legislative material or propose legal amendments.
Based on a comparative method, a conclusion has been formulated
that Ukrainian legal framework of national security and public safety is a
modern one and it generally correlates with similar frameworks in other
countries.
The sociological method has been used to gather relevant empirical
materials which helped to identify problematic issues of national security
and public safety as well as to analyze the dynamics of such phenomena.
Finally, the formal-legal method has enabled the authors to analyze in
detail the legal meaning of provisions of various legal acts in the researched
eld, namely the Strategy of national security of Ukraine and the Strategy
of public safety of Ukraine.
Overall, extensive use of methodological tools of legal science has enabled
us to take a closer, in-depth and comparative look at the issues of national
security and public safety in the modern globalized world, including various
risks and challenges to these two fundamental legal regimes.
The essence of globalization as a process, which characterizes modern
stage of human development is the formation of a common economic,
political and cultural space, which functions on the basis of universally
recognized legal values and principles and is manifested by common
organizational forms. Such approach applies in full to academic research of
various issues of national security and public safety within a global context.
The topic outlined in the title for this article is both relevant and timely.
In Ukraine, issues of national security and public safety have been
researched by N. Yarmish, R. Movchan, Yu. Nebesky, O. Dulina,
O. Reznikova, S. Yevdokimenko and some other authors.
Internationally, the same issues have been explored in the works by
S. Colier, A. Laco, A. Chaln, B. Friedman, C. Leuprecht, T. Feltes, other
scholars.
Despite a rather extensive body of scholarship related to the research
topic, the nexus between national security and public safety has not yet been
researched at length. This paper aims at partially closing such analytical
gap.
528
Yuliia Danylevska, Tamara Makarenko, Volodymyr Myroshnychenko, Tetiana Lysenko, Iryna
Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
3. Results and discussion
Dening “public safety” may appear straightforward, almost self-
evident, but in reality, it is a much more complex concept. Simultaneously,
recent developments such as a global pandemic and the resulting economic
upheaval, increasing homicide rates in major urban areas, and extensive
protests against police violence, often linked with demands to reduce police
funding, highlight the critical need to provide an accurate answer to this
important question (Friedman, 2022).
It is worth emphasizing that the central element in the public security
system of any country is “human security” – that is, the emphasis should
be placed on a human-centered approach in the eld of ensuring public
security and civil protection of the population. In its turn, the complex
concept of personal security includes various components of personal
security: economic, food, medical, personal security (or personal security),
community security, and political security. Such list is not normatively
regulated, it has been developed through academic research. Therefore it
should be perceived exibly and include other legal elopements of personal
safety framework.
Within the Law “On the National Security of Ukraine” (Clause 23,
Article 1), the Public Security and Civil Defense Strategy of Ukraine is
dened as a long-term planning document developed on the basis of the
National Security Strategy of Ukraine based on the results of a review of
public security and civil protection and denes directions of state policy
regarding guaranteeing the protection of interests, rights and freedoms of a
person and a citizen that are vital for the state, society, and the individual,
goals and expected results of their achievement, while taking into account
current threats (Law of Ukraine, 2018).
Thus, it is a program document of both a long-term and broad scope,
which should regulate a number of parameters of safe life, well-being and
development that are important for the state, society and the individual.
The interaction, and even a certain subordination, between the National
Security Strategy and the Public Security and Civil Defense Strategy itself,
is noteworthy.
In accordance with the Clause 66 of the National Security Strategy
of Ukraine of 2020 (by the way, the slogan of this document is “Human
security – country security”, which is especially relevant in the context
of “public” security persons) this Strategy is recognized as the basis for
the development of a number of program documents on planning in the
spheres of national security and defense, which will determine the ways
and tools of its implementation. Such documents include: Strategy of
human development; Military security strategy of Ukraine; Strategy of
Public Safety and Civil Defense of Ukraine; Strategy for the development
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of the defense and industrial complex of Ukraine; Strategy of economic
security; Energy security strategy; Strategy for environmental security and
adaptation to climate change; Biosafety and biological protection strategy;
Information security strategy; Cybersecurity Strategy of Ukraine; Strategy
of foreign policy activity; Strategy for ensuring state security; Integrated
border management strategy; Food security strategy; National intelligence
program (National Security Strategy of Ukraine, 2020).
Thus, the Public Safety and Civil Defense Strategy of Ukraine is
conditionally “subordinated” to the National Security Strategy and at the
same time it interacts “horizontally” with other strategic documents. This
is an important point, since it clearly demonstrates the fact that thought
the security component is important, it is still only a component of the
extremely complex and multi-sectoral “social-political-economic-social”
mechanism of the modern state.
In Ukraine, in 2021, the Ministry of Internal Aairs developed a
project of the Public Safety and Civil Defense Strategy of Ukraine with the
support of the European Union, which takes into account modern scientic
approaches to national security (Draft Strategy, 2021). This strategy
emphasizes the priorities of national interests in the eld of public security
and civil protection, including protection of the rights and lives of citizens,
emphasizes the importance of the rule of law and the integration of Ukraine
into the European and Euro-Atlantic security space.
According to the aforementioned draft Strategy, the following crime-
related threats and other factors remain among the most dangerous for
public safety:
1) disregard for the right to property, dignity and physical integrity of
a person, which is a threatening phenomenon. At the same time, a
signicant part of encroachments against property remains latent.
The widespread use of the Internet in the commission of self-
interested criminal oenses, primarily fraud, is a matter of serious
concern;
2) economic and tax criminal oenses in combination with factors of
“shadowing” the spheres of entrepreneurial activity and employment,
which cause large-scale losses. Shadow entrepreneurship (or black
market) creates an additional factor of victimization of persons
engaged in it, in terms of committing selsh and violent criminal
oenses against them, primarily robberies and extortion;
3) intensity of the criminogenic situation, which signicantly increases
the presence in illegal circulation of signicant volumes of rearms,
ammunition, explosive devices and substances. A number of criminal
oenses related to illegal arms tracking remains consistently high.
A large portion of the illicit trac in rearms are rearms smuggled
530
Yuliia Danylevska, Tamara Makarenko, Volodymyr Myroshnychenko, Tetiana Lysenko, Iryna
Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
out of the Joint Forces Area of Operation. The number of explosive
devices in illegal circulation and the use of which for an illegal
purpose or careless handling of which causes death or injury remains
signicant;
4) serious obstacles to the normal functioning of socially signicant
infrastructure, primarily transport, medical, educational and trade
and entertainment, caused by knowingly false reports about threats
to the safety of citizens, destruction or damage to property. Measures
to evacuate people from the premises of objects of relevant types
of infrastructure and long interruptions in their functioning also
cause signicant nancial and material damage to their owners or
management entities;
5) growth of organized crime activities, which poses a signicant threat
to public safety. The number of detected organized groups and
criminal organizations largely reects activity of law enforcement
agencies in combating organized crime, and not the scale of its
actual spread, when taking into account the traditionally high
level of its latency. Certain segments of legal and vast majority of
illegal activities, primarily human tracking, drug tracking and
organization of illegal migration, are controlled by organized groups,
criminal organizations and communities, including those, which are
ethnically based or operate at the transnational level;
6) deterioration of the migration situation in the country – a migration
crisis in the EU member states, which aects formation of channels
of illegal migration in a number of regions of the world, an increase
in the level of migration from politically unstable states, as well as
mass labor migration of Ukrainian citizens to other countries. The
lack of control over a signicant section of the state border in the
Donetsk and Luhansk regions, the armed aggression of the Russian
Federation against Ukraine and related threats are also potent factors
in the migration-related situation.
Additionally, threats to the national security, such as of criminal nature,
hybrid warfare, cyber threats, biological threats and pandemics, social and
manufactured threats, are identied in this framework document.
In particular, a dangerous combination between economic and
corruption threats to national security (as well as public safety) can be
witnessed on the example of contraband (smuggling) oenses. Currently
under Ukrainian law smuggling is considered an administrative violation,
which is appropriate given its primarily economic nature. Consequently,
some authors argue that it is more practical to hold the oender accountable
through administrative penalties, imposing nes proportionate to the
severity of the smuggling involved.
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The prior decriminalization of smuggling served to ease the burden
on law enforcement agencies, which were struggling to manage the high
volume of criminal cases related to smuggling (Pidgorodynskyi et al.,
2021). On the other hand, smugglers may perceive administrative liability
through the “nothing personal, just business” approach, that is they are
not prevented from liability by means of administrative law. The stigma
of criminal liability will have a totally dierent impact on oenders under
such circumstances.
Currently, the main strategic direction for Ukraine in the eld of
ensuring national security is the creation of its own eective capabilities as
a basis for ensuring its own security and stability. In this context, important
elements of state policy to ensure the national security of Ukraine in the
post-war period should be:
1) increasing the level of defense capability and readiness to respond to
crisis situations – development and support of military and defense
forces, modernization of the armed forces, education and training
of military personnel, provision of necessary resources for eective
defense of the country;
2) obtaining external security guarantees outside NATO – development
and support of partnership relations with other countries and
international organizations that contribute to ensuring security and
stability in the region;
3) development of bilateral relations with strategic partners:
establishment and support of cooperation with other states which
are important for the national security of Ukraine;
4) post-war economic and human development of Ukraine: reforms
in the economy, social sphere and education in order to raise the
standards of living of the population and ensure stability of the
country;
5) improving eciency of public administration: improving the
administration system, including ght against corruption and
increasing transparency of state institutions.
In particular, corruption continues to pose a signicant risk to Ukraine
as well as other emerging democracies in the world. Its destructive
potential is comparable to the ongoing war in Ukraine and beyond. With its
pervasive inuence across all aspects of public life, corruption undermines
fundamental societal values for both nation as a whole and its citizens.
Consequently, combating corruption is a top priority for both governmental
authorities and members of civil society.
The above-mentioned areas perceive the goal of strengthening both
national security and public stability of Ukraine under constantly changing
conditions and within unpredictable geopolitical context of the XXI century.
532
Yuliia Danylevska, Tamara Makarenko, Volodymyr Myroshnychenko, Tetiana Lysenko, Iryna
Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
When analyzing issues of national security and public safety, one should
also pay close attention to the concept of safe environment.
A safe environment is a state of social and natural environment in which:
1) safe living, learning and working conditions exist; 2) there is comfortable
interpersonal interaction that promotes emotional well-being and full-
edged development of the individual; 3) human rights and freedoms are
respected; 4) sustainable and progressive development of society is carried
out; and 5) state sovereignty and the ability of the state to perform its
functions in a high-quality manner are also ensured. A safe environment is
the goal and result of ensuring not only public safety, but other integrated
components of national security as well.
Strategic analysis of the security environment aims to determine
processes, phenomena, factors, conditions, circumstances, events, results of
activities and interaction of subjects of social relations, as well as to forecast
trends in their development. All this aects the level of protection of the
state, society and the environment in a certain territory against current and
foreseeable threats.
Changes in the security environment represent deviations from the
normal state of equilibrium and may contain risks, which require further
analysis. The risks identied after the initial analysis of the security
environment can be divided into two major categories: those which can turn
into threats, and those which create new opportunities for the development
of the state and society.
As an integral part of the national security framework, in Ukraine in
2022 an academic course “Protection of Ukraine” has been elaborated
and introduced by the Ministry of Education and Science of Ukraine
(a government agency). The purpose of such course is to cultivate life-
necessary knowledge, skills and abilities regarding protection of Ukraine
and actions in emergency situations among Ukrainian students, as well
as to promote a systematic view of military-patriotic education as an
integral part of national-patriotic education. The course involves basics of
normative and legal protection of Ukraine, functions of the Armed Forces
of Ukraine and other formations, basics of the protection of Ukraine and
civil protection of the population, and the basics of pre-medical training
(Updating the practical component, 2023).
The fact that Ukraine takes its national security seriously is also reected
in the Criminal Code provisions. Thus, crimes in the eld of general public
security should be distinguished from crimes against the foundations of
national security of Ukraine.
The major part of crimes against the foundations of national security of
Ukraine, according to provisions of Art. 12 of the current Criminal Code of
Ukraine, belongs to the category of particularly heinous crimes. Treason
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(Article 111 of the Criminal Code of Ukraine), encroachment on the life of a
state or public gure (Article 112 of the Criminal Code of Ukraine), sabotage
(Article 113 of the Criminal Code of Ukraine), espionage (Article 114 of
the Criminal Code of Ukraine), encroachment on the territorial integrity
and inviolability of Ukraine (Part 3 of Article 110 of the Criminal Code of
Ukraine), obstructing the lawful activities of the Armed Forces of Ukraine
and other military formations (Part 2 of Article 114-1 of the Criminal Code
of Ukraine) are among the most dangerous crimes in the Criminal Code of
Ukraine. The inclusion of such crimes in the category of particularly serious
crimes is a symmetrical act in relation to the danger that such crimes
possess. After all, an intentional form of guilt describes especially serious
crimes.
Since the beginning of the full-scale Russo-Ukrainian war in February
of 2022, a number of signicant amendments to these criminal statutes
have been made to the Criminal Code of Ukraine (Kuznetsov and Siyploki,
2022).
As an example of crime which harms both national security and
public safety (though in a limited way), we can refer to the statute of
criminal liability for humanitarian aid embezzlement (Art. 201-2 of the
Criminal Code of Ukraine). On the one hand, introduction of Art. 201-2
in the Criminal Code can be characterized as an example of excessive
criminalization: in this case, we are talking about an act, which is inherent
in the social harmfulness necessary for criminalization, but which did not
require criminalization, since criminal liability for it has already existed.
Criminal laws of some European countries, in which there are no similar
to the analyzed criminal law prohibition statutes, additionally attest to the
fact that there are reasons to regard Art. 201-2 of the Criminal Code as a
manifestation of unjustied casuistry of the criminal law and excessive
criminalization. Negative consequences of the latter include: violation of
the principle of economy of criminal law repression; articial creation of
unwanted collision between criminal law norms; emergence of paradoxical
situations in which the same act entails application of signicantly dierent
criminal law means.
However, on the other hand, it is obvious that during the war, when
abuse of humanitarian aid is particularly unacceptable and causes
signicant public outcry, Ukrainian legislator is unlikely to take such a
drastic and unpopular step as the exclusion of Art. 201-2 from the Criminal
Code. Therefore, members of local legal community focus their eorts
on solving debatable issues related to the interpretation, application and
improvement of Art. 201-2 of the Criminal Code (Kamensky et al., 2023).
Overall, the framework for oenses related to the security of a nation
constitutes a lawful system composed of elements that are established and
are operating in a manner which undermines the safeguarding of state
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Yuliia Danylevska, Tamara Makarenko, Volodymyr Myroshnychenko, Tetiana Lysenko, Iryna
Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
sovereignty, territorial integrity, democratic constitutional order, as well as
other national interests, both from existing and potential threats (Yaremko
et al., 2021).
The concluding part of our paper will cover relevant foreign experience
of ensuring national security and public safety by means of legal regulation.
This is even more important for the Ukrainian security environment when
taking into account active integration of our state into European as well as
world legal and economic spaces.
1. Israel.
The Ministry of Public Security of Israel primarily takes care, based on
the agency’s name, of issues of creating a safe environment for Israelis.
The Israel National Police (INP) reports to the Ministry of Public Security
(MOPS) and consists of approximately 30,000 sworn ocers, supported by
50,000 volunteers. It bears sole responsibility for the work of the police
and law enforcement agencies in Israel. In its course of action, the Israel
National Police is guided by the values and principles of the democratic
government of the State of Israel (Freilich, 2021).
The main areas on which the Israeli police are currently focused include:
public safety – prevention and countering of terror, response to calls
from citizens, organization of security procedures and organization
of volunteers (civil guard).
law enforcement – responding to riot calls, responding eectively to
demonstrations and unlawful assemblies,
licensing – imposing restrictions and conditions on businesses,
accountability for detainees and enforcement of court orders;
ghting crime – investigating crimes and apprehending oenders,
identifying and exposing unreported crimes such as drug tracking,
extortion and educating citizens on how to protect themselves and
their property;
trac control – directing trac and working to ensure smooth trac,
obeying trac rules, investigating trac accidents and arresting
trac violators. In addition, police provides public instruction on
road safety issues and participation in the decision-making process
on issues such as road planning and construction, placement of road
signs and trac lights.
Border Security – The Border Police is an operational unit of the Israel
National Police. Multi-purpose forces deal with challenges related to public
safety, terror, serious crime, riots, security of critical facilities and rural
security (Ministry of Public Security of Israel, 2023).
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2. Federal Republic of Germany (FRG).
Currently, this country has one of the safest public safety systems in
the world. Nevertheless, analysis of the regulatory framework and general
assessment of the public environment in this state indicate that public
safety is not a stable phenomenon which should not be supported and
developed. On the contrary, the state must constantly monitor the state of
public security and take all necessary measures to fully ensure the regime
of public safety and full use of all state services (services), security and
security services in particular.
One of the most important and at the same time traditional tasks of
the internal policy of the Federal Republic of Germany is to ensure public
safety. This includes protecting society from violence, crime, terrorism
and activities aimed at undermining the constitutional order in the state.
The German approach in this eld is as follows: only in a society free from
threats can people live freely. The Constitution requires that government
protects its citizens. The government has certain powers for this. Using
these powers to protect one person may require violating another person’s
rights.
In order to maintain a high level of public safety, the competent
authorities and ocials in Germany pay close attention to the threats that
the country faces today and in the coming years. These include the threat
of Islamist terrorism, a possible increase in crimes committed by the right-
wing and left-wing extremists, cybercrime and serious and organized crime.
In a globally connected world, it is important to overcome such challenges
by working closely with other actors at both national and international
levels.
In Germany, the task for maintaining public safety and order is divided
between the 16 federal states and the federation, with the federal states
bearing the responsibility. Policing at the federal level is the responsibility
of the Federal Police (Bundespolizei, BPOL) and the Federal Criminal
Police Oce (Bundeskriminalamt, BKA). In addition, two other federal
agencies deal with security issues, the Federal Intelligence Service
(Bundesnachrichtendienst, BND) and the Federal Oce for the Protection
of the Constitution (Bundesamt für Verfassungsschutz, BfV). The German
Police University (Deutsche Hochschule der Polizei) is the main educational
institution of law enforcement agencies in Germany (The BKA, 2023).
The Federal Police is mainly engaged in the protection and management
of borders, railways and aviation. By carrying out its work through regional
and special directorates, it is also responsible for the protection of the
coastline.
536
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Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
In addition to the police and intelligence services mentioned above, the
following agencies are responsible for counter-terrorism activities: the Joint
Counter-Terrorism Center (Gemeinsames Terrorismusabwehrzentrum,
GTAZ), the Joint Center for Combating Extremism and Terrorism
(Gemeinsames Extremismus- und Terrorismusabwehrzentrum, GETZ), as
well as the anti-terrorist unit GSG9.
The National Cyber Response Center (Nationales Cyber-Abwehrzentrum,
NCAZ), founded in 2011, is a collaboration of several cyber defense resources:
the Federal Oce for Information Security (Bundesamt für Sicherheit in
der Informationstechnik, BSI), the BND, the BfV, the Customs Oce for
Criminal Investigation (Zollkriminalamt, ZKA), the German Armed Forces,
the Federal Oce for Civil Protection and Disaster Relief (Bundesamt für
Bevölkerungsschutz und Katastrofenhilfe, BBK), and the Federal Criminal
Police Oce (Bundeskriminalamt, BKA) (Ministry of Public Security of the
Federal Republic of Germany, 2023).
The State Police Service prevents and prosecutes local crime and is
usually split between a uniformed police force and an investigative division.
Security forces patrol the streets 24 hours a day, respond to emergency
calls, serve as a point of contact for citizens, as well as trac police and
petty crime police. Investigation departments are usually responsible for
investigating criminal cases.
The State Security Police (ensures law and order during mass events) has
an autonomous unit to respond to requests for general support during mass
demonstrations, major sport events, natural disasters and state visits. In
addition, the security police units of European countries are able to support
each other in the case of cross-border police operations in the mentioned
cases in Germany.
The Federal Police reports to the Ministry of the Interior and carries out
wide and varied policing duties based on the modern Police Act (Federal
Police Act) and many other laws. The BPOL works closely within existing
security networks based on security cooperation and partnership with the
police services of the federal states, other security authorities of the Federal
Republic of Germany and the federal states, as well as with foreign border
authorities (Germany Federal Policing Overview, 2023).
The Federal Police can also, if necessary, reinforce the State Police if
requested by the Government of the Land (member of the Federation).
They conduct criminal investigations only within their jurisdiction;
otherwise, cases are referred to the relevant state police service or to the
national criminal investigation agency – the Federal Criminal Police Oce
(Bundeskriminalamt).
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3. Poland.
Taking into account common border, the friendliest relations and the
unprecedented level of support for Ukrainians, Poland’s security experience
is both interesting and practically useful.
Law enforcement in Poland is usually carried out by the National Police
(Policja) and the Municipal Guard (Straże Miejskie i Gminne).
Border Guard (Straż Graniczna, SG) is a state security service that
protects Polish borders and immigration control.
According to the Anti-Terrorism Act of June 10, 2016, the head of the
Department of Homeland Security is responsible for preventing terrorism,
and the Minister of the Interior is responsible for preparedness, response
to a terrorist incident, and recovery after an attack (Ministerstwo Spraw
Wewnętrznych i Administracji, 2023).
There is a single national police agency in Poland – a unied law
enforcement body. At the highest level is the Main Directorate of the National
Police managed by the head of the National Police. In addition, there are 16
regional police departments and the head oce of the Metropolitan Police
in Warsaw. They are further divided into districts and district headquarters
respectively. At the bottom of the structure are police stations in cities and
police posts in villages. The police consists of:
criminal police (służba kriminalna) – conducts investigation and
prevention of serious and violent crimes. The criminal police may
include specialized groups such as the anti-narcotics and nancial
crime prevention units;
investigative police (służba śłedcza) – investigation of complex cases
and processing of referrals to the state prosecutor’s oce;
police of internal aairs (służba spraw świężnych) – investigation,
prevention and countermeasures against crimes committed by police
ocers and economic crimes against police property;
preventive police (służba prewencyjna) – general law enforcement and
patrol service (includes anti-terrorist units and police units);
logistics police (służba spomajająca policji) – provision of logistics
support and technical skills;
court police (Policja Sądowa) – protection of court premises and the
state prosecutor’s oce, judges, prosecutors, victims and suspects,
execution of court orders;
anti-terrorist units – conduct anti-terrorist operations and assist other
police units.
538
Yuliia Danylevska, Tamara Makarenko, Volodymyr Myroshnychenko, Tetiana Lysenko, Iryna
Petiahina y Dmitriy Kamensky
National Security and Public Safety: Models of Legal Regulation in Comparative Perspective
In comparison, the municipal security has fewer powers than police (for
example, they do not have the power to arrest) and can only use the powers,
which they can exercise within their municipality. They have jurisdiction
over minor oenses (infractions), monitor and protect safety of citizens and
property, and assist police in their public order duties (e.g. road safety).
In case of a signicant incident (conict), municipal guard should seek
help from a police ocer. They can also perform security duties as well as
transport valuables for the municipality (Poland Policing Overview, 2023).
Conclusions
Our analytical research allows formulating a number of generalizing
conclusions-theses, which are important in the theoretical and applied
aspect.
Formulating a perspective model of the security and defense sector for
the central executive authorities presents various tasks and challenges.
Specically, the National Police of Ukraine, which is the central law
enforcement body, performs an important role in the society by ensuring
protection of human rights and freedoms, ghting crime, and ensuring
public order and security.
In addition, the National Guard of Ukraine should increase its capacity
in public security, including public order. The Ministry of Internal Aairs
of Ukraine denes state policy, in particular in the eld of public safety and
order.
After all, the main task of the National Guard of Ukraine is to protect
public order and to ensure public safety.
Currently, it is dicult to give a clear legal denition of the “public
(public) safety and civil protection” concept. This issue is relevant from
both a scientic and a practical point of view. Public security is an important
component of the national security, and it must be properly reected in
ocial documents in order to create an eective system for ensuring such
security.
A comprehensive review of the state of public safety should contribute
to the implementation of a number of goals and programs in the state. This
includes:
1) reviewing and update of the Public Safety and Civil Defense
Strategy of Ukraine so that it meets current challenges and threats,
in particular those related to the armed aggression of the Russian
Federation against Ukraine;
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2) ensuring reliable protection of life, health of citizens, legal rights
and interests of organizations and public associations, as well as the
safety of land, water and air spaces in the relevant territories and
objects of industrial and social purpose, observing the established
risk indicators taking into account national and international
experience;
3) determining the optimal balance between public safety, the level
of crime and restrictive measures, with a focus on the priority of
preserving human life as the main value;
4) combining preventive and reactive methods of ensuring public
safety, including combating crime, and involve all subjects of law
enforcement activities responsible for ensuring public safety and
other aspects of national security;
5) increasing citizens’ awareness of the activities of military-civilian
administrations, law enforcement and civil protection bodies, and
develop mechanisms for addressing these bodies for the protection
of rights;
6) strengthening public trust in law enforcement agencies, promote
development of Ukraine as a safe European state, ensure a socially
oriented orientation of the law enforcement system using the tools of
facilitated dialogue;
7) directing eorts to manage security risks to achieve maximum
security with limited resource provision;
8) ensuring the continuity of the process of responding to emerging
threats and challenges, in particular, by identifying and implementing
new opportunities.
The universal system, which ensures the safety of residents (community
level) in modern conditions, has special requirements for reliability,
stability, eciency and continuity of work in a round-the-clock mode. There
is a need for new means and methods of providing the safety of community
residents, advanced technologies and measures for the centralized provision
of video surveillance, technical security, control of important, strategic and
dangerous objects, and the possibility of operational impact on emergency
situations.
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www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79