Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Research Article: 2020 Vol: 23 Issue: 3

International Experience of Public Administration in the Area of National Security

Oleksandr Akimov, Interregional Academy of Personnel Management

Vladimir Troschinsky, National Academy of Public Administration

Marta Karpa, Vasyl Stefanyk Precarpathian National University

Viktor Ventsel, National Academy for Public Administration

Liudmyla Akimova, National University of Water and Environmental Engineering

Abstract

In the study there have been performed the theoretical generalization and proposed a new solution to the scientific problem of revealing the nature of the phenomenon of public administration in the sphere of national security of the country, analyzing its specific features, clarifying the organizational and legal foundations of this activity, developing a scientifically sound system of measures aimed at its improvement. It has been found that in the light of the American experience, there should be distinguished: firstly, the "national strategy of the state" as a system of the state strategic goals of the state in the spheres of domestic and foreign policy and ways of achievement on the basis of rational allocation of resources; secondly, a the "national security strategy" that characterizes a part of the state policy and covers issues of country security in all spheres of life.

Keywords

Public Administration, National Strategy of the State, National Security, Organizational and Legal Mechanism, Policy.

JEL Classifications

M5, Q2.

Introduction

Given the growing threats and instability in the world, new challenges to international security are emerging in raw materials, energy, financial, information, environmental, food and other areas. Threats through the proliferation of weapons of mass destruction, international terrorism, transnational organized crime, piracy, and illegal migration, interstate and civil conflicts are becoming more intense, affecting ever more geopolitical regions and states.

First of all, this concerns the existence of an inefficient system of public administration in the area of national security through the imperfection of the public administration system, due to the existence of the cost-based economic model and the worsening economic crisis, the depletion of financial resources of the state and, as a consequence, a decrease in the standard of living of the population, as well as total corruption, distortions of democratic procedures that hinder the process of personnel updating of public administration entities, lead to the inability of the state to execute its own functions primarily to protect the rights and freedoms of man and citizen, causing an increasing distrust of government by society.

In such circumstances, the problem of national security emerges as extremely urgent, a priority that needs its public and state solution. This, in turn, calls for the urgent need to develop a unified system of national security knowledge based on a scientific methodological framework, including the identification of effective means of public administration in the sphere of national security of the country. First of all, it concerns the definition and practical implementation of the administrative and legal foundations of public administration in the sphere of national security of the country.

In our opinion, the study of problems of public administration in the sphere of national security is not only theoretical but also directly practical, since it is aimed at improving the legislation of national security, developing a strategy for such security and military doctrine, is the basis for the development of guidelines and directions of activity of public administration entities with the aim of timely identification, prevention and neutralization of real and potential threats to national interests.

The purpose of the work is to determine, on the basis of the analysis of the current legislation of the countries and generalizations of the practice of its implementation, of the nature, content and features of public administration in the sphere of national security and, on this basis, to develop proposals and recommendations on improving the above sphere and increase the effectiveness of practical implementation of public administration tasks in this sphere.

Review of Previous Studies

In opinion of many researchers, public administration in the sphere of national security is a specific type and an integral part of state administration, covering the social, economic, humanitarian and political fields of social and state life (George & Pandey, 2017).

We agree with the thesis (Wang et al., 2018), that this activity is a purposeful activity of national security subjects, which, within the framework of the current legislation and using the available state capabilities (diplomatic, military, economic, intellectual and other), develop and implement the power, regulatory, coordinating, controlling and normative state and administrative influences on national security objects.

There is no doubt that the main purpose of these influences is to predict, timely identify, prevent and neutralize threats to the sustainable development of man, society and the state, and above all their vital interests (Grimmelikhuijsen et al., 2017). Therefore, in our opinion, the system of public administration in the sphere of national security is an integral part of the system of state administration, and its fundamental feature is that it seems to be "immersed" in the "general" system of state administration.

National interests (or threats to their implementation) are present in all spheres of life of society and the state (Drobyazko et al., 2019). Therefore, the administrative decisions of public administration subjects in the sphere of national security aimed at implementing the above interests have a strong influence on the orientation, content, effectiveness and efficiency of administrative, political, socio-economic and other types of state administration (Tetiana et al., 2019; Tkachenko et al., 2019). We believe that it is possible to talk about the strategic, and often even fateful, value of state and managerial decisions taken by public administration bodies in the sphere of national security.

We are convinced that all of the above largely determines the fact that public administration in the sphere of national security is characterized by behavior, attributes and characteristic properties as of inter-sectoral and functional management.

The content and orientation of public administration in the sphere of national security depends to a large extent on the form of government and the political system, and the state policy on national security (Hilorme et al., 2019).

At the same time, public administration in the sphere of national security is inextricably linked with the latter, as in the end their main goal is to create and maintain at the appropriate level the necessary level of protection of vital national interests, as a basic prerequisite for creating proper conditions for the development of a person, the progress of society and the state, as well as neutralizing the threat of weakening the role of the state as a subject of international relations and its ability to implement national interests in the international arena (Kapucu et al., 2017).

Thus, the need to improve the efficiency of public administration in the sphere of national security of the country, the lack of theoretical studies on this issue, as well as the imperfection of the normative foundations of this activity in the above sphere determined the relevance of the topic of the study.

Methodology

The set of methods and techniques of scientific knowledge of social and legal phenomena, the choice of which was determined by the specifics of the topic, purpose and objectives of the study, taking into account its object and subject, was the methodological basis of the work. In order to achieve the set purpose and solve problems, philosophical, scientific and special methods and techniques were used, which were applied in close connection with each other.

The dialectical method was used in writing all sections of the study without exception, and the comprehensive analysis of public administration in the sphere of national security of countries as an objectively existing phenomenon and revealing its specifics and characteristic properties were made possible by its application.

The empirical basis of the research is the generalizations of the practical activity of the subjects of public administration in the sphere of national security of the countries, as well as political and legal journalism, reference publications and statistical materials.

Results and Discussion

The current US national security system has a very complex and expensive structure. It includes: the President of the United States, Advisers to the President of the United States, Executive Office, Ministries and Agencies, Congress. The informal participants of the US national security system are the media. In an interview of 2000 J. Moody, the former Director of FBI Organized Crime Control Bureau said: "Fortunately, international terrorism in the United States now does not pose much of a problem".

In the area of national security, decisions are taken by the President of the United States, whose powers are defined in the US Constitution. The President is the head of the state; commander-in-chief of the armed forces; the head of the executive branch of the government; the main diplomat in charge of the US relations with other countries. The Executive Office of the President implements the set tasks including the White House Office of about 400 people.

The President has advisers on national security, as well as assistants in the form of unofficial advisers; provisional commissions to investigate and make recommendations on specific issues. The assistant of the President on national security, who acts as a political analyst, coordinator and principal adviser of the President, has a special status in the implementation of national security policy.

The Executive Office of the President consists of 14-16 structures, including certain bureaus and councils, including the US National Security Council and the Central Intelligence Agency, to assist the President in the implementation of national security policy. The US public administration system also includes the US State Department, which oversees the foreign policy of the country. The control over the Department of State is exercised by the Secretary of State, who, as the chief adviser of the President on foreign policy, also coordinates the activities of the US government abroad.

The largest institution in the structure of the US national security service is the Department of Defense, first created in 1947 as the National Military Establishment, which was renamed the US Department of Defense in 1949. The Secretary of Defense, being the chief assistant to the President in all defense matters, oversees the Office of the Secretary of Defense, the Joint Chiefs of Staff, and the Department of the Army.

The main structure of the US National Security Council is the US National Intelligence Community, which was created in 1981 and employs more than 150,000 employees. Its main function is to provide the leadership of the country with reliable and complete information for solving the tasks of foreign policy, using the armed forces, making decisions in crisis situations, leadership of the armed forces in wartime. The structure of the Intelligence Community includes: Central Intelligence Agency, Defense Intelligence Agency and National Security Agency; intelligence sectors of the Department of State, Department of Justice, Energy and Treasury; National Reconnaissance Office and Central Imagery Office. In addition, the Intelligence Community broadly includes the intelligence divisions of the four types of the armed forces and the General Headquarters. Totally, the National Intelligence Community includes thirteen intelligence agencies.

The strategic warning group was also created under the Director of the Central Intelligence Agency. One of the tasks of the group is to determine the level of security threats in case of crisis situation in any part of the world, change the regime of operational bodies according to the threat, as well as to develop, jointly with analytical bodies, the "Warning Memorandum" for the National Security Council and the President. Іnformation and analytical agencies of the Intelligence Community provide both operational and analytical information to the senior and institutional levels of the government. The information consumers of the senior level are the President of the United States, his closest advisers, the National Security Council, the group of national security planning, the crisis management group, and provisional bodies created by the President. The information consumers of the institutional level are analytical and planning bodies of departments and agencies involved in national security.

The National Security Agency plays an important role in the intelligence system. It effects general coordination, is engaged in technical reequipement of the communications facilities of the US government, protects information systems, and collects information on foreign intelligence services. The National Aeronautics and Space Administration (NASA) are responsible for overseeing aeronautics and space activities. However, the US National Security Council is the basic structure of the US national security system. By its original design it had to limit the President in his foreign policy activities. The US experience proves that its influence depends very much on the nature of the relationship between the President and his advisers, between the advisers themselves.

The communications system of US National Security Council has a so-called "situation room", the operational center for keeping track of the situation in the White House for the purpose of developing and making decisions, which is a meeting room equipped with the facilities of secure internal communications and display of the situation. The technical facilities are designed to provide continuous coordination and interaction between the White House, the National Intelligence Center, and the command center of the Defense Intelligence Agency in the process of developing possible actions of the USA in various situations. Top level meetings of the National Security Agency are held weekly and in emergency situations may be transferrred in the mode of teleconferencing at any time of the day. The reports of the Assistant to the President for National Security to the Chairman of the National Security Council are made daily.

In the USA, there is a mechanism for developing and implementing solutions for provision of national security. The first step is to identify national interests that are considered as "the most important needs and desires of the nation". Developing a military strategy as well as proposals for defining the national interests and goals of the USA for the current period are the prerogative of the US National Security Council. The final decision on the choice of many alternatives lies with the President. Based on the national strategy adopted by the President, the Council, with the involvement of various experts, develops national security goals that determine the fundamental principles and interests. The President of the USA approves the national security strategy based on which the military strategy is formed every two years in the form of the "Report on variants of US military strategy". It gives an in-depth assessment of military threats to US interests and goals, a rationale for the structure and composition of the armed forces.

On the basis of the report, the Office of the Secretary of Defense prepares the "Evaluation of variants for the strategy and composition of the armed forces", which is approved by the Secretary of Defense and submitted to the President. The development of military strategy is completed with the preparation of the "Decisions on strategy and composition of the armed forces" by the Executive Office of the President. The variants of decision-making models depend on the specific Presidents of the USA: formal model (Truman, Eisenhower, Nixon, Ford & Reagan); racing model (Roosevelt & Johnson).

Thus, today the USA is creating a system of bodies that can be conveniently classified into two components: firstly, the bodies specializing in offensive policies aimed at safeguarding US national interests in the world; secondly, the bodies aimed at ensuring national security. Together, these two components should form a unified system of national security for the overall purpose of creating conditions for development, including "by compromising the interests and sovereignty of other peoples and states".

It should be noted that US administrative legislation regulates in a sufficiently detailed manner the powers and functions of public authorities in the sphere of national security, even the duties of their heads and the qualification requirements for applicants for relevant positions. At the same time, US administrative legislation does not identify spheres and threats to national security, which instead, as well as the priorities of national security policy, are defined in the national security strategy, which is periodically updated depending on changes in the security situation and meets the needs of the state at a certain stage of development.

Recommendations

Public administration in the sphere of national security actually can be identified with the process of adoption and implementation of administrative and legal acts regulating the agreed actions of the state authorities regarding changes in the organization and activity of the executive power in this sphere, methods and forms of public administration used by the state, which are aimed at considering external and internal circumstances (threats) in ensuring this type of security, addressing key problems of society activities.

In order to improve public administration in the sphere of national security of each country, it is necessary to develop civil society participation in this process: more actively involve academic institutions, higher education institutions, the public, which will help to increase the level of public perception and support of the state policy on public administration in the sphere of national security of the country, ensure proper public control over its implementation.

The improvement of public administration in the sphere of national security of each country should be done, firstly, on the basis of the concept of real protection of the interests of the state, society, human and citizen.

Secondly, the following principles must be observed: maintaining the integrity and unity of the public administration system in the sphere of national security of the state while combining vertical subordination with the autonomy of bodies; scientific validity, continuity, consistency and graduality of implementation of all transformations; rational minimization of functions, their concretization and distribution between different levels and units of the system, optimal simplicity and flexibility of organizational structures; priority focus of the activities of all services, regardless of their functional specialization, on addressing the challenges of combating organized international crime to ensure national security of the state.

It is necessary to carry out at the legislative level a clear delineation and elimination of duplication, collisions, conflict of authority, competence, functions and tasks of state bodies – subjects of public administration in the sphere of national security of each country, in the sphere of protection of rights and freedoms of a human and citizen, law enforcement, national security in general, as well as the unambiguous definition of the role and place of a body in the system of public administration in the sphere of national security of the country, its special legal status.

Conclusions

Thus, the international experience of public administration in the sphere of national security is a complex of interrelated concepts of public security as a legal category, administrative and legal support of national security, organizational and legal mechanism of national security, threats to national security.

The legal capacity of public associations regarding public administration in the sphere of national security includes: exercising public control over the activities of the subjects of public administration in the sphere of national security of the country-both in the public and non-public (private) sectors; establishing and implementing cooperation with state bodies-the subjects of public administration in the sphere of national security of the country; monitoring, identifying and preventing insecurities and threats to national security, analyzing strategies and solutions to existing problems, developing recommendations; involving the general public in discussing the problem and the direct process of ensuring national security; the promotion of patriotism; the exercise and protection of the rights and freedoms of public associations and their members; holding peaceful meetings.

In order to identify the ways to improve public administration in the sphere of national security in developing countries, it is important to study the international experience, especially that of the USA, since: firstly, historically, the process of creating a system of national security for the state has been the most active in the USA; secondly, most Western countries have relied just on the US views on the problem of national security; thirdly, the USA is a country that significantly influences the geopolitical situation in the world, etc.

In the light of the US experience, there should be distinguished: firstly, the "national strategy of the state" as a system of the state strategic goals of the state in the spheres of domestic and foreign policy and ways of achievement on the basis of rational allocation of resources; secondly, a the "national security strategy" that characterizes a part of the state policy and covers issues of country security in all spheres of life.

Each developing country has ample opportunity to implement the positive US experience regarding national security, considering the following characteristic properties: presently, the most important characteristic property of foreign approaches to national security is a sharp turn to national problems; provision of the national security of the USA to achieve national interests is based on national values, a national idea, the search for which is still ongoing in many countries around the world.

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