Normative and Legal Bases of Personnel Management of the State Border Guard Service of Ukraine
Authors: MALANCHII Mykola 
Published: February 2021

The concept of «staff of the State Border Guard Service» is structured. It is substantiated that the main document guiding the development of personnel management in the State Border Guard Service is the Development Strategy of the State Border Guard Service of Ukraine, which aims to ensure effective implementation of state border security policy and protection of Ukraine’s sovereign rights in its exclusive (maritime) economic zone.

The analysis of the legal framework of personnel management of the State Border Guard Service shows that the service in the state border protection units has great social and state significance and is regulated by a number of legislative acts.

It is established that the distinctive features of professional activity of State Border Guard Service staff in relation to the goals, objectives and results of work are the conditionality of goals and objectives of official activity by the social order of society and their enshrinement in laws, military statutes and orders. The study of normative acts and guiding documents. The Law of Ukraine «On the State Border Guard Service of Ukraine» provided an opportunity to find out that to ensure the inviolability of the state border of Ukraine State Border Guard Service performs law enforcement, special and defense functions.

It is substantiated that the personnel of the State Border Guard Service are subjects of public administration, which are endowed with state-authoritative powers and the ability to activate the apparatus of state coercion. Their performance of official functions is connected with the granting of state authority.

It is determined that military service in the State Border Guard Service, as well as in the Armed Forces and other military formations of Ukraine, formed in accordance with the laws of Ukraine, is a civil service of a special nature. The peculiarity of the relationship between the servicemen of the State Traffic Police is that they are assigned responsibilities, which are determined by the statutes and advisers of the Armed Forces of Ukraine.

The official nature of the activities of the border service is manifested in the fact that the border service by its activities provides protection of the interests of the state at the state border. Ensuring these interests of the state is carried out through the implementation of functions and competencies of border authorities, which for them as state bodies are defined by the state in the legislation governing the activities of the Border Guard Service in the field of state border protection.

It is established that as an independent type of service, the border service has, in addition to legal, and organizational difference from other types of services, which is manifested in the restriction of service outside the system of border authorities. The special nature of the service is explained by the specificity of the subject of its conduct, the area of public relations, which is managed on behalf of the state by this service, ways and methods of its implementation. This requires the introduction of a system of special ranks, the establishment of uniforms and other distinctive features. Thus, there are all signs of special service activities.