Legal and Organizational Foundations of State Policy in the Field of Internal Affairs

Abstract

Abstract. Understanding the issues of internal affairs remains a relevant task given the permanence of state development processes, trends in European integration, and the impact of global transformations on the world order. However, the most important and influential factor is the armed aggression against Ukraine by the Russian Federation, which forces us to continue actively searching for the most optimal and effective forms of exercising state power, including in the security sector, particularly in the sphere of internal affairs. When characterizing the legal and organizational foundations of the functioning of individual social spheres, it must be noted that the methodology is inconsistent with the cognitive tasks set by researchers in various fields of knowledge. In an attempt to highlight the organizational context of the phenomenon under study, authors often get carried away with the legal content of the problem, which is a significant mistake in research planning. A routine description of the normative material also does not give grounds to believe that the legal foundations are thus illuminated. The fundamental level, as a rule, is not singled out in either the legal or organizational characteristics of the subject. The main methodological idea of this article is to take into account the feedback between the content of public policy and the needs of social development, which at the same time allows us to correctly determine the foundations of this policy. However, this state of affairs is only possible in a functioning constitutional state and civil society, where democracy, freedom, equality, justice, and the rule of law prevail. In this context, state policy acquires axiological significance, given that the aforementioned legal values become a value orientation in the formation and implementation of state policy. The organizational aspect of the functioning of the internal affairs sphere is based on a number of elements that allow its organizational model to be formed. The most controversial element of the internal affairs sphere in legal science has turned out to be the subject element, given that, in a narrow sense, this sphere is identified with the sphere of activity of law enforcement agencies. Other fundamental elements of the organizational basis are also interpreted ambiguously by scholars, but according to the results of the generalizations made, it seems that the organizational basis also includes such elements as functions and tasks, structure of the phenomenon, planning, coordination, legal basis, etc.

Keywords: sphere of internal affairs; social needs and interests; rule of law; human rights and freedoms; legal order; legal basis of activity; principles of law; organizational basis of activity.