Verkhovna Rada adopts law on national security of Ukraine

Source : 112 Ukraine

248 MPs supported the bill
14:00, 21 June 2018

Open source

Verkhovna Rada, the Ukrainian parliament, adopted the Law on National Security of Ukraine. 248 lawmakers voted 'for'. 

According to the document, expenditures on the defense sector should be at least 5% of the planned GDP; at the same time, not less than 3% should go for the funding of defense forces. It is provided that the security and defense sector is a system of state authorities, including state organs of special purpose with law enforcement functions.

The bill introduces civilian control of the security and defense sector. The high-ranking officials (president, parliament, government, etc.), as well as the public, have the right to control the of defense field. In particular, influence on what the money is spent. The exception are projects marked as "state secret".

It is envisaged to create a parliamentary committee that will control the activities of state bodies with law enforcement functions, law enforcement agencies, and special appointment law enforcement bodies.

Related: Defense Ministry: Militants can now shell Ukrainian positions without commanders’ consent

The document describes subordination system among different sections of the security and defense forces.

The President is the Supreme Commander. He declares war and introduces a military or emergency state, decides on general or partial mobilization, issues orders, defense directives, heads the National Security and Defense Council, appoints and dismisses Defense Council Secretary and his deputies, appoints and dismisses the higher command of the Armed Forces (by the recommendations of commander-in-chief), etc.

In the text of the first reading, it was stated that the Defense Council could propose the president the formation of the Supreme Commander's Chief. Then this body was replaced by "the highest collegial strategic body of the military leadership of the state defense."

The Defense Ministry is the body of the executive branch and military administration. The Armed Forces of Ukraine and State Special Transport Service are under the authority of this ministry. President appoints a civilian at the post of the Defense Minister. Head of the ministry subordinates to the president as the Supreme Commander and reports to the Verkhovna Rada of Ukraine. He also enters the National Security and Defense Council due to his post.
The Commander-in-Chief of the Armed Forces of Ukraine heads the armed forces. He is appointed to this office due to the submission of the Defense Ministry and can be dismissed by a president (thus, he subordinates to both).

Related: Ukraine to win media war, - National Security and Defense Council

General Staff in the Armed Forces of Ukraine leads the armed forces and other departments of the defense in the special period of time. It is headed by the Head of the General Staff of Ukraine's Armed Forces.

Alongside with Ukrainian Armed Forces' General Staff, the Operative Staff works, which is headed by the Commander of the Joint Forces (he also subordinates to the Commander-in-Chief of the Armed Forces of Ukraine).

The National Guard is a military force with a law enforcement authority. The national guard is serving as the law enforcement officials in times of peace but exercises to be in the Defense Forces. Upon the promulgation of the martial law, the National Guard is transferred into the defense forces.

The Security Service of Ukraine obeys not only the President but also the Ukrainian Parliament according to the Revision to the second reading. The norms on the authority of Security Service of Ukraine to fight corruption is not taken from the law about 'the Security Services of Ukraine'.

Related: Anti-Corruption Bureau busts corruption schemes in Ukraine's defense industry

If earlier the intelligence agencies of Ukraine were listed, then in the final version the general definition is given: bodies or their units are authorized to implement intelligence activities in order to protect national interests of Ukraine from outer threats.

In the final clauses to the law 'The security of commercial accounting of natural gas,' the amendments on the work of the consolidated database of the natural gas consumers have been proposed. The amendment has been rejected during its consideration and it wasn't supported again.

Parliament took this bill as a base in April 2018, when 265 MPs voted positively.

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