АДМІНІСТРАТИВНО-ПРАВОВИЙ СТАТУС СЛУЖБИ БЕЗПЕКИ УКРАЇНИ ЯК СУБ’ЄКТА ЗАБЕЗПЕЧЕННЯ ФІНАНСОВО-ЕКОНОМІЧНОЇ БЕЗПЕКИ ДЕРЖАВИ
2019
The article is devoted to the study of the peculiarities of the administrative and legal status of the Security Service of Ukraine as subject ensuring the financial and economic security of the state. The essence of financial and economic security of the state is revealed. Found that the continuous monitoring and eliminating factors that cause threat to financial and economic security of Ukraine is a priority area of state activity and tasks of law-enforcement agencies. Based on the analysis of the legal framework defines that the security authorities legislator refers to the law enforcement agencies and Security Service of Ukraine is the law enforcement agency for special purposes, which carries not only the law-enforcement, but administrative functions. Approaches to understanding the content of the administrative and legal status of the Security Service of Ukraine are considered. It was emphasized that there is no scientific unity in determining the structure of legal and administrative status of the Security Service of Ukraine. It is proposed to attribute to the elements of administrative and legal status of the Security Service of Ukraine the purpose, tasks, functions, organizational structure, competence and legal responsibility. The specifics of each of the above elements are disclosed. It was established that the legislator does not define the functions of the special service in the Law of Ukraine «On the Security Service of Ukraine». It is noted that in the structure of the Security Service of Ukraine there is the Main Directorate of counter-intelligence protection of the state economic interests and, accordingly, the conduct of counterintelligence is one of the priority powers of the Security Service of Ukraine. In addition, powers of the special service for the implementation of information-analytical work, operational and investigative measures, pre-trial investigation, preservation of state secrets, interaction with other entities, including law enforcement agencies are allocated. The attention is paid to the fact that the Security Service of Ukraine compensates for the damage caused by illegal actions, decisions and inactivity of its employees at the expense of the state budget and may also be the subject of administrative liability in case of appeal of decisions, actions or inactivity of its employees in the procedure of administrative legal proceedings.
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