INFORMATION AND LEGAL STATUS OF THE STATE BORDER GUARD SERVICE OF UKRAINE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
The article deals with the information and legal status of the State Border Guard Service of Ukraine. The establishment of information legal status is derived from the general theoretical understanding of the legal status and legal regulation of the position of the State Border Guard Service of Ukraine in the mechanism of the state and its role in information legal relations. The analyzed views on the elements of legal status, allowed to determine that the key rights and obligations remain in it, while other elements supplement the content of the legal status of the body in connection with the complication and development of state-legal relations. The information-legal status of the State Border Guard Service of Ukraine allows us to determine its legal status among other subjects of information and legal relations, defined in the Laws of Ukraine “On Information» and «On Access to Public Information”, as well as reveals peculiarities of participation in information and legal relations in the field of the protection of the state border. The information and legal status of the State Border Guard Service of Ukraine is determined by legal acts, which establish its role, place, as well as legal limits and possibilities of participation in information and legal relations, that is, it finds its manifestation through the informational legal personality. Information rights and obligations as elements of the information and legal status of the State Border Guard Service of Ukraine define the limits of information activity in the form of legal possibilities and observance, implementation of necessary actions in accordance with the law, and the clearly regulated mechanism of realization in the real information and legal relations in the field of protection the state border of the respective rights and obligations, allows the officials of the State Border Guard Service of Ukraine to carry out information processes that are legal consequences. The investigated information and legal status reveals the following elements: the legal basis for participation and the problem in information legal relations regarding its object; the system of special units whose activities are aimed at providing and realizing the information needs of the State Border Guard Service of Ukraine; informational legal personality (rights and obligations) of officials of the State Border Guard Service of Ukraine with regard to information activities. The information legal status is a multi-element and multi-dimensional category and is a legal provision for the State Border Guard Service of Ukraine in the information society. The information and legal status of the State Border Guard Service of Ukraine is part of its administrative and legal status in the sphere of ensuring the inviolability of the state border and protecting the sovereign rights of Ukraine in its exclusive (maritime) economic zone as a subject of information and legal relations. The considered legal norms defining the bases of this legal status showed the need for their improvement taking into account the development of information relations in the border area, as well as clarification of the information and legal status of the State Border Guard Service of Ukraine
Authors and Affiliations
І. П. , Кушнір
Keywords
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