ПРАВОВІ ОСНОВИ ЗАКОНОДАВЧОГО ВРЕГУЛЮВАННЯ ОРГАНІЗАЦІЇ НАЦІОНАЛЬНОГО СПРОТИВУ, ОБОРОНИ ТА ЗАХИСТУ ТЕРИТОРІАЛЬНОЇ ЦІЛІСНОСТІ УКРАЇНИ (1991–1996)
Authors: Koval Andriy ,   Львівський національний університет імені Івана Франка
Published: July 2024

In this article, the author endeavors to substantiate the continuity of Ukraine's ancient legal heritage, shaped since the era of Kyivan Rus, and its resonance with contemporary Ukrainian legislative norms established within national state – Ukraine. The chosen period of Ukraine's legislative development from 1991 to 1996 confirms the determination of the Ukrainian people towards their independence and sovereignty, as well as their readiness to defend Ukraine's sovereignty. It is established that the analyzed primary legislative acts of Ukraine, adopted during the period of 1991–1996, serve as the basis for analyzing the quality of the organization at the state level in terms of defense fundamentals, the readiness of the Ukrainian people for national resistance, and the protection of Ukraine's territorial integrity. All the analyzed legislative acts embodied the cherished dreams of cultural, societal, scientific, and political figures. Through their activities, they helped preserve the historical memory of the Ukrainian people, including notable figures such as Bohdan Khmelnytskyi, Pylyp Orlyk, Ruthenians, the authors of the 'Ruska Triytsia' (M. Shashkevych, I. Vahylevych, and Y. Holovatskyi), participants of the Central Ruthenian Council (authors of 'Zoria Halytska'), populists, Yulian Bachynskyi, Mykhailo Drahomanov, Ivan Franko, Dmytro Donstov, Viacheslav Lypynskyi, Ukrainian scholars (Oleksandr Ohonovskyi, Petro Stebelskyi, Stanislav Dnistrovskyi, Volodymyr Starosolskyi, and others), Kost Levitskyi, Yevhen Olesnytskyi, and many other devoted sons of the Ukrainian people. They were the ones who prevented the enemy from suppressing the idea of forming and developing the Ukrainian national state. The study delineates the specifics of chronological embedding within the legislation principles of defense in Ukraine, alongside the delineation of powers vested in state authorities, local self-governance bodies, as well as the rights and responsibilities of Ukrainian citizens within the realm of defense. Special attention is given to the legislative codification of terms such as 'military command', 'military formation', 'state of war', 'armed aggression', 'defense of Ukraine', 'territorial defense of Ukraine' and others. Through an analysis of the legislation, key milestones in the formation of the modern military organization of the state are identified. Emphasis is placed on the establishment of contemporary Ukrainian military formations, legislative delineation of the President of Ukraine's powers as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, as well as the normative regulation of the powers of bodies such as the 'National Security and Defense Council of Ukraine' and the 'Headquarters of the Supreme Commander-in-Chief'. Analyzing the legislation of Ukraine in the defense sphere during the period of 1991–1996, it is concluded that the Ukrainian people preserve in their historical memory all the grim and bloody pages of history, starting from the formation of Kyivan Rus. The foundations of statehood and legal consciousness of the modern Ukrainian people were laid during the times of Kyivan Rus. This laid the groundwork for the people to become conscious and self-sufficient in the formation of their own national Ukrainian state – Ukraine. Keywords: military law, legislation, military aggression, territorial defense, national security.