Research

On the priority steps of the leadership of Ukraine in the field of defense reform and development of the Armed Forces

The results of the analysis of the current situation in the areas of defense reform and the development of the Armed Forces of Ukraine (ARU) indicate that there are a number of serious problems in them, the most urgent of which we see the following.

The implementation of the rules adopted a year ago by the Law of Ukraine "On National Security of Ukraine" (hereinafter - the Law on National Security)[1]. Mainly this applies to:

Creation of a more effective integrated system of management and control of defense forces;

Modernization of defense planning and defense systems;

improvement of defense planning and defense forces;

transformation of the Ministry of Defense and Armed Forces composition of the Armed Forces.

It is also worth noting that in December 2020 will complete the main valid defense planning documents, in particular the Strategic Defense Bulletin of Ukraine (SOBU)[2] and the State Program for the Development of the Armed Forces of Ukraine for the period up to 2020 р. (ДПРЗСУ)[3].

Therefore, the National Institute for Strategic Studies (NISD) yet in August 2018 recommended that the leadership of Ukraine start the defense review as soon as possible, and the Ministry of Defense to implement, as soon as possible, (until 2020) another cycle of defense planning[4].

After all, for example, in the past, launched in September 2008, the defense survey lasted more than a year, and the defense planning cycle ended with 5 - in 2013. The 2014 started in May, and the next defense review lasted for more than a year, while the defense cycle Planning ended through 3 in 2017.

However, the decision of the ex-president of Ukraine P.O. Poroshenko on conducting inspections in the security and defense sector, including the defense review, was made public only 16 May 2019[5].

Consequently, the Ministry of Defense is forced to conduct the above-mentioned review and complete the next cycle of defense planning in extremely short terms, all by 1,5 p. At the same time, it will be necessary to first develop and approve by V. V. President of Ukraine. Zelenyi updated the National Security Strategy of Ukraine, after which it would have been consistently prepared and approved by the Head of State on the basis of the State Security Strategy of Ukraine (instead of the current Military Doctrine of Ukraine), and only then, the new SOBU and the DPRSSU.

Another problem is that, for a variety of reasons, a significant number of important defense reform and defense tasks and defense and defense measures identified in the SAS and the DPRK have not been completed for various reasons. In particular, this concerns the issues of reforming the Armed Forces and other components of the defense forces in accordance with NATO principles and standards, legal and social protection of servicemen, combatants, military pensioners and members of their families.

In order to solve these problems, it is expedient to propose to the President of Ukraine, the Cabinet of Ministers of Ukraine and the leadership of the Ministry of Defense of Ukraine to implement, along with others[6], a number of the following priority organizational, legislative, financial and human resources steps[7], which are given mainly in the priority and logical sequence and only partly in the chronological.

Perhaps more. After appointing the newly appointed Minister of Defense of Ukraine and the Chief of the General Staff - the Commander-in-Chief of the Armed Forces, recommended President of Ukraine:

to update the personnel of the National Security and Defense Council of Ukraine (NSDCU) and the NSDCU Military Cabinet;

to declare the President's decision regarding the completion of the goals, tasks and measures of defense reform and development of the Armed Forces, provided for by the existing SOMA and SSPRUs in the 2019, in the 2020-2020.

It is highly expected that such steps of the President of Ukraine will prove her heredity military policy in the field of defense reform and development of the Armed Forces, the goals, objectives and measures of which were defined in cooperation with Western partners in the 2015-2016 years in order to achieve the criteria necessary for Ukraine to become a member of NATO and the EU.

The said steps of the President of Ukraine will also form the basis for clarifying the priorities, identifying additional tasks and measures that will contribute to a more qualitative completion of the defense reform and accelerate the further development of the Armed Forces.

On the other. At present, the so-called "quota" principle of appointment to management positions in Ukrainian law enforcement agencies remains a very dangerous problem in the state personnel policy. However, in this regard, it should be noted that the President of Ukraine and the new Minister of Defense are not associated in this case with certain agreements with the signatories of the Coalition Agreement in the Verkhovna Rada of Ukraine.

In this situation recommended to the President of Ukraine to assist the Minister of Defense in recruiting and forming his own team specialists, and not political appointees, preparing and making proposals to the Prime Minister of Ukraine regarding the appointment of the first deputy and Deputy Minister of Defense[8].

Thirdly. At the same time, in compliance with the norms of par. the second and last part of the 1 Article 26 of the National Security Act, recommended to the President of Ukraine instruct the NSDC Secretary to develop by December of this year with the involvement of the NSDCU, NISD, relevant state bodies, civil society institutions and foreign experts, a draft National Security Strategy of Ukraine. After all, this Strategy, after its approval, should serve as a basis for the preparation of defense planning documents.

Fourth. To implement the published in April of this year advisers to the presidential candidate V.O. Zelensky directions of his actions in the field of national security and defense[9],[10],[11], recommended to the President of Ukraine take a number of steps to accelerate the implementation of the rules of articles 14-16 Law on National Security. First of all, it is expedient to introduce to end 2019 p. (and not from 1 January 2021, as envisaged by this Law) a new, more effective in terms of containment and repression of Russian armed aggression, a system of united leadership and defense forces, carried out in accordance with the principles and standards adopted by the member states NATO.

In this context, it should be emphasized that, in a certain way, the artificial, long-term 4-year delay in the National Security Act for the introduction of the new management and management system was mainly due to certain purely subjective reasons. According to unofficial information of our foreign partners, with whom we worked together on the draft of the mentioned law, on this in 2016 the categorical insistence was ex-commander of the General Staff - Commander-in-Chief of the Armed Forces of Ukraine V.M. Muzhenko

Given this, it seems inappropriate to postpone the implementation of 1,5 years defined in the SOBU and DPDRDU the first priority of the strategic goal of defense reform - the establishment of a united management and defense system, implemented in accordance with the principles and standards adopted by the NATO member states.

According to the SBS, such a system should be built up by redistributing powers, functions, tasks, responsibilities and accountability of senior officials of the Ministry of Defense and the Armed Forces, as well as relevant military management bodies. First of all, it is foreseen to liquidate the position of "Chief of the General Staff - Chief of the Armed Forces" in the Armed Forces and introduce instead two separate new positions - "Commander-in-Chief of the Armed Forces" and "Chief of the General Staff of the Armed Forces".

To implement the proposed step recommended to the President of Ukraine submit to the Verkhovna Rada of Ukraine for consideration as urgent The Bill on Amendments to Item 2 of Part 1 of the VI National Security Act, which primarily provides that the provisions of parts three to six Articles 16 of this Law (concerning the Commander-in-Chief of the Armed Forces, the General Staff of the Armed Forces, types and individual troops (forces)) enter into force until 31 December 2019 p., not 1 January 2021 p.

Such a decisive political and military step of the President of Ukraine as the Supreme Commander-in-Chief of the Armed Forces of Ukraine is capable of launching a qualitatively new stage in the transformation of the Armed Forces, other components of the defense, defense planning, defense planning and defense forces, and will serve as the basis for radically updating almost all documents from these issues.

We also remind that according to the Law on National Security in the new system of command and control of the Defense Forces the Commander-in-Chief of the Armed Forces will be the highest military officer in the Armed Forces. He, in particular:

will be appointed to the position upon submission of the Minister of Defense and dismissed from office by the President of Ukraine;

will be subordinate to the President of Ukraine and the Minister of Defense;

exercise direct military command of the Armed Forces of Ukraine through the General Staff of the Armed Forces;

will be responsible for the readiness to perform the assigned tasks and for direct military command and control of the use of defense forces.

The powers of the Commander-in-Chief of the Armed Forces will be approved by the President of Ukraine.

The General Staff of the Armed Forces will become the main body military management from the planning of the state defense, strategic planning of the use of defense forces, coordination and control over the implementation of tasks in the field of defense by executive authorities, local government bodies and defense forces. He will be headed by the Chief of the General Staff of the Armed Forces, who will be appointed and dismissed from office by the President of Ukraine at the request of the Minister of Defense. He will be subordinated to the Commander-in-Chief of the Armed Forces and will be responsible for the tasks and functions assigned to the General Staff of the Armed Forces.

The powers of the Chief of the General Staff of the Armed Forces, the main tasks and procedure for the functioning of the General Staff will be determined in a position approved by the President of Ukraine.

In addition, recommended to the President of Ukraine make some other changes to the article 16 of the National Security Act. During the processing of his project in 2015-2016, they were submitted to the Administration of the President of Ukraine and the Committee of the Verkhovna Rada of Ukraine on National Security and Defense[12], were supported by the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine, but for some reason they were not included in it.

Yes, in particular, according to the norm of par. The second part of the 4 article 16 of the National Security Law "The General Staff of the Armed Forces of Ukraine during a special period serves as the strategic leadership of the Armed Forces of Ukraine, other components of the defense forces.».

We believe that the reliance on the General Staff of the Armed Forces of Ukrainestrategic guides » the defense forces do not agree with its status and functions, defined by Article 11 of the Law of Ukraine "On Defense of Ukraine" and par. the second part of the 2 article 3 of the Law of Ukraine "On the Armed Forces of Ukraine". According to them, the General Staff of the Armed Forces of Ukraine has the status of the main military body, which carries out planning of defense of the state, management (and not strategic direction) the use of the Armed Forces, coordination and control over the implementation of tasks in the field of defense by executive authorities, local self-government bodies, military formations and law-enforcement bodies.

It should also be borne in mind that strategic guidance The Armed Forces of Ukraine, the leadership in the areas of national security and defense of the state is exclusively the prerogative of the President of Ukraine as the Supreme Commander-in-Chief of the Armed Forces (see Article 17 of Article 106 of the Constitution of Ukraine). So in par. the second part of the 4 article 16 of the National Security Act is offered after the words "The General Staff of the Armed Forces of Ukraine performs functions for a special period»Add the word«software».

In the penultimate paragraph h. 6 Article 16 of the National Security Act states that "The concept of the use of united forces in operations is approved by the Supreme Commander-in-Chief of the Armed Forces of Ukraine» It seems that this is an unnecessary detail of some aspects of the activities of the President of Ukraine, the Commander of the Joint Forces and Joint Operational Headquarters of the Armed Forces, which, according to the last paragraph. h. 6 of the same article will be determined in the position on the Joint Operational Headquarters of the Armed Forces, approved by the President of Ukraine. Given this, is offered remove last pencil h. 6 article 16 from the National Security Act.

Fifthly. After the enactment of the above proposed amendments to the National Security Act recommended to the President of Ukraine:

Make the necessary changes to the Decree of the President of Ukraine from 21.03.2002 # 277[13];

appoint the corresponding decrees to the post of the Commander-in-Chief of the Armed Forces and the Chief of the General Staff of the Armed Forces, and also to introduce the Commander-in-Chief of the Armed Forces of Ukraine into the NSDCU and the Military Cabinet of the NSDCU instead of the Chief of the General Staff - the Commander-in-Chief of the Armed Forces.

Thanks to this, the new Defense Minister, together with these two military commanders of the Armed Forces, will be able to conduct a defense review more qualitatively and in the shortest possible time, to prepare projects of the Strategy of military security of Ukraine, new SSBU, DPDRSU and other defense planning documents, and to finalize in December 2020 the implementation of the current defense reform.

Sixth. In the past, NISD drew the attention of the government to the fact that during the defense reform a number of problems arose that need to be addressed personally by the President of Ukraine. In this case, in particular, it was proposed annually discuss at the NSDC meeting the state of implementation of defense reform and the development of the Armed Forces of Ukraine, as well as identify measures for solving their problems and make necessary changes to the State Social Insurance Administration and State Social Insurance Administration[14].

Unfortunately, in the 2016-2019, meetings with this sort of agenda have never happened.

So, recommended President of Ukraine instruct the Secretary of the National Security and Defense Council together with the Minister of Defense and the Commander-in-Chief of the Armed Forces of Ukraine:

make analysis (audit) of the state and implementation problems in the 2016-2019 years of defense reform, the development of the Armed Forces and the operation of the Joint Force in the Donbass;

submit for its results in a two-month period Proposals on making necessary changes to the relevant acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, decisions of the National Security and Defense Council, to the State Security and Defense and Security Departments.

Based on the above suggestions recommended President of Ukraine to issue decrees on amendments to the relevant acts of the President of Ukraine, decisions of the National Security and Defense Council, to the State Security and Defense and Security Departments. In their implementation, the Ministry of Defense also has to adjust the relevant departmental acts, in particular, to bring in compliance with the norms of the National Security Law on the Basic Principles of the Organization of Joint Management by the Defense Forces and Military Management in the Armed Forces and to specify the timing of the implementation by the General Staff of the Armed Forces of the implementation of these Principles[15].

Seventh. Recommended President of Ukraine instruct the Minister of Defense to prepare jointly with the Commander-in-Chief of the Armed Forces and submit it in a three month period in the established procedure for approval of the draft updated regulations on the Ministry of Defense of Ukraine, the Commander-in-Chief of the Armed Forces and the General Staff of the Armed Forces.

With trace pay attention to the leadership of the Ministry of Defense and the Armed Forces the need to implement in these provisions, within the authority of these authorities, one of the important tasks of the defense reform - the creation in the new system of management and management of the forces of defense of two separate subsystems: the first - on the exercise of powers, functions and tasks concerning the formation, equipping, preparation, provision and the development of the said forces, and the second - on the exercise of powers, functions and tasks for the implementation of a unified military command and control of the use of the forces of defense.

Worth it too offer the leadership of the Ministry of Defense and the Armed Forces to carry out mutually co-ordinated, synchronous development of projects of the specified provisions, which will provide:

qualitative division of powers, functions, tasks, responsibilities and accountability of senior officials of the Ministry of Defense, the Armed Forces and the relevant military management bodies;

prevent duplication of functions of the Ministry of Defense and the General Staff;

increasing the interoperability of the relevant departments of the Ministry of Defense and the General Staff;

the introduction of a manning system on a rotating basis by the Ministry of Defense, represented by the General Staff, and the General Staff - civil servants, who will represent the Ministry of Defense;

simultaneous submission of draft regulations for approval by the Cabinet of Ministers of Ukraine and the President of Ukraine, respectively.

Ministry of Defense, after approval of the provisions of this Ministry, the provisions on the Commander-in-Chief of the Armed Forces and the General Staff of the Armed Forces, should be reviewed the powers of the Commander of the Joint Forces, the main tasks and the procedure for the functioning of the Joint Operational Headquarters of the Armed Forces of Ukraine, and submit the relevant provisions for approval by the President of Ukraine.

From my side, Commander-in-Chief of the Armed Forces must approve new regulations, which will define the powers of the commanders of the species, separate units of the Armed Forces (forces), as well as the main tasks and procedure for the operation of the commanders of species, separate units of the Army (forces) of the Armed Forces.

Eighth. Given the urgency of accelerating the resolution of problematic issues of legal and social protection of servicemen, combatants, military pensioners and members of their families, as well as in the context of ensuring the fulfillment of tasks in this area, determined by the President of Ukraine V.O. Zelensky in the inaugural speech[16], recommended by the head of state To formulate a decision, chaired by the Secretary of the National Security and Defense Council of Ukraine, the Interagency Working Group on the improvement and strengthening of legal and social protection of servicemen, combatants, military pensioners and members of their families.

This Commission shall, among other things, prepare and submit to the President of Ukraine proposals for the adoption of three groups of measures:

urgent which will be related to amendments to the relevant acts of the President of Ukraine and the Government, as well as to the bill on amendments to the Law of Ukraine "On the State Budget of Ukraine for 2019 Year", which, following the results of the implementation of the State Budget in the first half of this year, will be submitted by the Government to the Verkhovna Rada of Ukraine ;

short term which will introduce the necessary amendments to the laws that will be considered by the newly elected Verkhovna Rada of Ukraine, including the draft law on the State Budget of Ukraine for 2020;

medium-term which should be included in the new SASU and the State Program of Development of the Armed Forces, as well as taken into account at the annual drafting of the Budget Declaration by the Ministry of Finance of Ukraine, in particular, in accordance with the goals and priorities set forth in the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine on the internal and external situation of Ukraine[17] and taking into account the Decree of the President of Ukraine from April 25, 2019, # 167[18].

Ninth. It is known that with the adoption of the National Security Law (see 3 paragraph 3 VI), the Law of Ukraine "On the organization of defense planning" has expired. As a result, there are currently no legislative principles for the organization and implementation of defense planning and the management of defense resources. In particular, it concerns the tasks, principles, content and procedures for organizing and conducting defense planning, managing defense and financial resources, taking into account the experience of NATO member states and the EU.

In addition, according to the law, the General Staff performs tasks of planning the defense of the state and strategic planning of the use of the forces of defense, the principles of which it also does not exist.

To solve these problems, it would be advisable to introduce, as an option, a new section of the Law of Ukraine "On Defense of Ukraine". Given this, recommended President of Ukraine Instruct the Ministry of Defense to prepare and submit, in accordance with the established procedure, amendments to the Law of Ukraine "On Defense of Ukraine", which will determine the principles: organization and implementation of defense planning; management of defense resources; planning of state defense; strategic planning of the use of defense forces.

By tenth. Starting from 2013, NISS staff stressed the expediency of assigning tasks for the State Defense Planning to the General Staff of the Armed Forces of Ukraine and developing a new comprehensive defense planning document - the Defense Plan of Ukraine[19]. This, in particular, was justified by the necessity of: combining and co-ordinating in such a Plan documents on the organization of state defense with documents on the strategic use of the forces of defense; definition of symmetrical and asymmetrical military and non-military responses to possible, including "hybrid", actions of the aggressor.

Subsequently, the Ministry of Defense specialists conducted more substantive work on the development and content of the Plan.[20],[21]. According to the results of this work, the Ministry of Defense prepared and in January 2019 submitted through the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine the draft Law of Ukraine "On Amendments to the Law of Ukraine" On Defense of Ukraine "(Reg. No. 9464, hereinafter referred to as the Bill on Defense of Ukraine)[22]. It provides for the normalization of the development and approval by the President of Ukraine of the Ukrainian Defense Plan, as well as the approval by the Head of State of his structure.

Adoption of this bill will ensure: proper coordination of the components of the defense forces; the possibility of qualitative preparation of bodies of state authority, local self-government, a unified system of civil protection and national economy of Ukraine for the transfer from peacetime to a military state; preparation of the population and territory of the state for defense; providing effective repression of armed aggression and the elimination of armed conflict.

The 6 Committee of the Verkhovna Rada of Ukraine on National Security and Defense, February 2019, after discussing the draft law on the Defense Plan of Ukraine, recommended that the Verkhovna Rada of Ukraine, on the basis of the results of the consideration in the first reading, adopt this bill as a basis. However, it has never been included in the agenda of meetings of the Verkhovna Rada of Ukraine. So, recommended to the President of Ukraine take measures for consideration by the Verkhovna Rada of Ukraine as an urgent one the draft Law of Ukraine "On Amendments to the Law of Ukraine" On the Defense of Ukraine "(Reg. No. 9464).

Eleventh. One of the disadvantages of the current structure of the Ministry of Defense is the absence of a structure within it in the context of an armed conflict with the Russian Federation, which would deal with the issues of counterintelligence provision of the Armed Forces. Ukraine remains almost the only democratic western state in which the defense agency does not have its own military counterintelligence. The most typical example of the counter-intelligence capability of the armed forces is the US experience in this case[23].

It should be recalled that the first attempt to address this disadvantage was made at 2004 when the then leadership of the Security Service of Ukraine (SBU) began to implement the concept of its decisive reform. Due to this, intelligence structures were identified from the SBU and the Foreign Intelligence Service of Ukraine was formed on their basis, as well as conditions were created for the transfer of structures of the SBU's military counterintelligence to the Ministry of Defense. But adopted after the change of leadership of the SBU at the end of 2005, the law on this special service left in its structure military counterintelligence bodies[24].

At the initial stage of RF aggression against Ukraine in the 2014-2015 years, NISS specialists have repeatedly initiated discussion of the problem of the creation of military counterintelligence in the Armed Forces, in particular at the meetings of the Expert Council of the Center for Army, Conversion and Disarmament Research, whose results were sent to the Presidential Administration with relevant recommendations. At the same time, the ex-counselor of the previous President of Ukraine I.P. Smeshko submits to the Head of State proposals on the necessity of transferring military counterintelligence from the SBU to the Ministry of Defense[25].

At the same time, NATO experts, the CMES staff and many Ukrainian non-governmental experts[26],[27].

In addition, in recent years, a number of additional factors have emerged that will, in our opinion, contribute to a positive solution to this problem.

Thus, in particular, with January 1, 2019, the Minister of Defense of Ukraine is appointed to a post from the number civilians (see paragraph 1 of Part 1, VI of the National Security Act), which, like the positions of other members of the Cabinet of Ministers of Ukraine, is from now on political post. Therefore, the transfer to the subordination of the Civil Defense Minister of the military counterintelligence will comply with the generally accepted principles of democratic civilian control over such special services.

In addition, the SBU was supposed to work on the 21 of December 2018 (see Part 6 of the VI National Security Act) to amend the bill Law of Ukraine "On the Security Service of Ukraine" and submit it to the President of Ukraine for submission to the Verkhovna Rada of Ukraine for consideration. However, this task remains unfulfilled, although it is defined by Ukraine in conjunction with NATO as one of the five main tasks (areas) of reforming the security and defense sector of our state at 2019[28].

Taking into account the above, recommended to the President of Ukraine To entrust the Chief of the Administration of the President of Ukraine to anticipate when drafting a bill on amendments to Law of Ukraine "About the Security Service of Ukraine"[29], among other things, the transfer of military counterintelligence from the SBU to the Ministry of Defense.

In the twelfth. One of the important components in the system of the Ministry of Defense should be the Military Police, which is planned to be formed on the basis of the existing Military Service of the Law Enforcement of the Armed Forces. But this has not been done yet.

Recall that even in October, 2014, representatives of parliamentary factions in the Verkhovna Rada of Ukraine signed a Coalition Agreement, one of the items of which provides for the creation of such Police. For the first time, the draft Law of Ukraine "On Military Police" (hereinafter - the bill) was registered in the Verkhovna Rada of Ukraine at the end of January 2015 р. But then it was not even included in the agenda for consideration.

In addition, the task of ensuring adoption by the end of 2016 this bill is defined in the SOBU[30], and in the future it was included in the program of activity of the previous Cabinet of Ministers of Ukraine and is given in the plan of action of the current Cabinet of Ministers of Ukraine to 2020[31].

With this in mind, the NISD has drawn the attention of the state authorities to the chronic delay of the specified task of defense reform[32],[33],[34]. It was noted that in the 2017-2018 years the Ministry of Defense failed to agree on a draft of the bill with a number of law enforcement agencies of our state. However, no steps have been taken to resolve this issue at this time.

Despite these obstacles, the Ministry of Defense has drafted more than twenty legislative acts and is implementing measures to prepare the personnel of the future Military Police, as well as creates a system for such training. In particular, the Training Center has been formed in which, with the help of instructors in Canada, Lithuania, Denmark, Great Britain, Poland and the United States, training of officers and sergeants of the existing Military Law Enforcement Service at the Armed Forces of Ukraine has been carried out during the first three months of the "Military Police". In such circumstances, we consider it necessary Recommend to the President of Ukraine to bring the NSDCU meeting on the draft Law of Ukraine "On Military Police".

At this meeting it is expedient also discuss a more general issue regarding military justice. To date, the Verkhovna Rada of Ukraine has registered a number of bills aimed at restoring or improving operational prosecution, investigation and judicial proceedings in this area. Work on the creation of military courts is also in the Administration of the President of Ukraine[35]. It is known that these areas were either completely destroyed when 2010 was liquidated by military courts or subjected to radical changes recently - after certain transformations in the military prosecutor's office and the establishment of a State Investigation Bureau.

There is currently no consensus among governmental experts and non-state experts on the best solution to these important issues of military justice.[36]. And thus, the threatened threatens the preservation of tension in this area and the emergence of new threats in the course of combat operations in the Donbass.

Thirteenth. The experience of rebuffing Russian aggression against Ukraine shows a significant increase in the role territorial defense countries. During a series of exercises on territorial defense and the development of appropriate measures during the introduction of the legal regime of the military state in certain areas of our state, a number of shortcomings and problems in this area were identified.

In order to eliminate them, the Ministry of Defense, in particular, prepared and in June 2017 submitted through the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine a bill (reg. No. 6544)[37], which contains a number of urgent measures to improve the organization of territorial defense and optimize the distribution of powers of the military management bodies of the Armed Forces of Ukraine, as well as state authorities and local self-government on issues of management of territorial defense. First of all, it is about legislative regulation of important issues concerning:

involvement in the territorial defense of the Command of the Land Forces, the Naval Forces of the Armed Forces of Ukraine and the executive bodies of city councils of cities of oblast significance;

providing the General Staff of the Armed Forces of Ukraine with the organization of the preparation and implementation by the Ministry of Defense of the leadership of the National Guard of Ukraine on the implementation of measures of the legal regime of the military state and territorial defense;

the organization of territorial defense of the maritime territory of the state and cities of oblast significance.

In view of the above, recommended to the President of Ukraine take measures for consideration by the Verkhovna Rada of Ukraine as an urgent one the draft Law of Ukraine "On Amendments to Some Laws of Ukraine on Improving the Issues of Management by Territorial Defense" (Reg. No. 6544).

Along with this, urgent is the need for development in the future by the Cabinet of Ministers of Ukraine and adoption Verkhovna Rada of Ukraine a separate law on territorial defense[38].

Fourteenth. Forecasts of domestic and foreign military experts indicate an increase in Russia's preparations for a large-scale conventional war against the states adjacent to it, first of all Ukraine[39],[40]. To this end, the implementation of the so-called "new strategy of Gerasimov" was published in early March this year.[41]. The Russian Army completes the formation of divisions, primarily the Panzer Corps and the 1-Tank Army, which are intended for offensive operations. In view of this, there is a question regarding the perspective combat composition of the Armed Forces of Ukraine.

For example, in the Land Forces of Poland, the main military units are two mechanized and one armored cavalry division, each of which, in particular, has 3-4 fighting brigades, artillery regiment, air defense regiment and battalion of control[42].

Recently, the Pentagon claimed that the last 15 years of the American Army relied on the "brigade" structure, as it fought against relatively small terrorist groups. But now, in different theaters of military action, it is planned to form divisions, corps and even field armies to counter Russia and China.[43].

And can our armed forces, built over the "brigade" structure more than twenty years ago, have the ability to effectively defend against the large-scale offensive of Russian divisions in completely different military-political conditions? And is it not necessary to adequately rebuild the military composition of the Armed Forces, above all the Land Forces, in particular by forming their divisions or army corps of the brigade?

Since the answers to this are not straightforward, would recommend the Ministry of Defense of Ukraine to conduct their analysis and discussions on the above-mentioned problem with the participation of representatives of relevant state bodies, civil society institutions and foreign military experts during the next defense review.

Conclusions and recommendations

The proposed conclusions and recommendations concern the immediate organizational, legislative, financial and personnel steps of the President of Ukraine, the Cabinet of Ministers of Ukraine and the new leadership of the Ministry of Defense and the Armed Forces of Ukraine to solve only the most relevant, according to our assessment, the problematic issues in the field of defense reform and development of the Armed Forces The forces of Ukraine.

They, in particular, include: the launch of a regular defense planning cycle in the state; accelerating the creation of an effective unified system of command and control of defense forces; Modernization of defense planning and defense systems; improvement of defense planning and the use of defense forces; ensuring the strengthening of legal and social protection of servicemen, combatants, military pensioners and members of their families; transformation of the Ministry of Defense and Armed Forces of the Armed Forces of Ukraine.

Of course, the steps mentioned are not exhaustive, and some of them seem controversial.

At the same time, we believe that the proposed recommendations may be useful in the process of completing the training by the team and the Administration of the President of Ukraine V.O. Zelensky plan for his activities in this post for the first 100 days.

Vadim Tyutyunnik,

рAdjunct to the Center for Army, Conversion and Disarmament Studies,

employee of the National Institute for Strategic Studies,

Candidate of Sciences, Associate Professor


[1] The Law of Ukraine "On National Security of Ukraine". [Electronic resource]. - Access mode: http://zakon0.rada.gov.ua/laws/show/2469-19/page2.

[2] Decree of the President of Ukraine "On the decision of the National Security and Defense Council of Ukraine from 20 May 2016 of the year" On the Strategic Defense Bulletin of Ukraine "from 06.06.2016 No. 240. [Electronic resource]. - Access mode: http://zakon2.rada.gov.ua/laws/show/240/2016/paran10#n10.

[3] Decree of the President of Ukraine "On the decision of the National Security and Defense Council of Ukraine from December 29 2016 of the year" On the State Program of Development of the Armed Forces of Ukraine for the period up to 2020 year "from 22.03.2017 No. 73. [Electronic resource]. - Access mode: http://zakon5.rada.gov.ua/laws/show/73/2017.

[4] Tyutyunnik V., Gorovenko V. Analytical note "On the Issues of Implementation of the Law of Ukraine" On National Security of Ukraine ", Peculiarities of the Defense Review and Development of Defense Planning Documents", which was sent to the Presidential Administration, the NSDCU and the Ministry of Defense of Ukraine NISD from 29.08.2018, #No 293 / 564).

[5] Decree of the President of Ukraine "On the decision of the National Security and Defense Council of Ukraine from 16 May 2019 of the year" On the organization of planning in the security and defense sector of Ukraine "from 16.05.2019, No. 225. [Electronic resource]. - Access mode: https://www.president.gov.ua/documents/2252019-26835.

[6] In particular, it means a number of important steps identified by the newly appointed Chief of the General Staff - Chief of the Armed Forces RB Khomchak during his presentation of 23.05.2019 to the leadership of the Armed Forces. [Electronic resource]. - Access mode: https://www.facebook.com/GeneralStaff.ua/photos/ a.457652464404016 / 1260193764149878 /? type = 3 & theater.

[7] Recommendations on the first steps of the President of Ukraine in the field of defense-industrial complex and rearmament of the Armed Forces of Ukraine should be prepared and discussed separately after consideration by the Verkhovna Rada of Ukraine of the draft Law of Ukraine "On Amendments to Certain Legislative Acts on the Implementation of the Principles of Transparency and Publicity in the Formation and Implementation of the State Military industrial policy ", as well as the completion of the audit of the state enterprise" Ukroboronprom ". [Electronic resource]. - Access mode: http://w1.c1.rada.gov.ua/pls/ zweb2/webproc4_1?pf3511=65849.

[8] See Item 5 Part 2 Article 8 of the Law of Ukraine "On Central Executive Bodies". [Electronic resource]. - Access mode: https://zakon.rada.gov.ua/laws/show/3166-17.

[9] Hetmantsev D., Stefanchuk R. The plan of Zelensky. The first ten decisions in case of victory. 10 April 2019 [Electronic resource]. - Access mode: https://www.liga.net/politics/articles/plan-zelenskogo-pervye-desyat-resheniy-v-sluchae-pobedy.

[10] Aparshin I. Materials on the security and defense of Ukraine. The magazine "HB". 25 April 2019 [Electronic resource]. - Access mode: https://nv.ua/ukr/ukraine/politics/noviy-prezident-u-rozporyadzhenni-nv-opinilasya-viyskova-doktrina-zelenskogo-50018450.html?prefer_lang=ukr.

[11] Aparshin I. Interview with the Internet publication "Apostrophe". 27 April 2019 [Electronic resource]. - Access mode: https://apostrophe.ua/ua/article/politics/2019-04-27/ukrainskaya-armiya-vse-vremya-budet-za-kem-to-gnatsya -esli-seychas-ne-perepryignet—ivan-aparshin/25466.

[12] Gorovenko V., Tyutyunnik V., Tsyukalo V. Analytical note "Conclusions and proposals on the draft Law of Ukraine" On National Security of Ukraine "sent to the Administration of the President of Ukraine, the NSDC Staff and the Committee of the Verkhovna Rada of Ukraine on National Security and Defense NISD from 12.02.2018, #No 293 / 79).

[13] Decree of the President of Ukraine "On lists of positions of servicemen and officers of law-enforcement bodies subjected to the replacement by officers of the higher officer (commander's staff), and border military and special ranks for these positions" from 21.03.2002, No. 277. [Electronic resource]. - Access mode: https://zakon1.rada.gov.ua/laws/show/277/2002.

[14] Analytical report of NISS to the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine "On the internal and external position of Ukraine in 2017 year". Electronic resource]. - Access mode: http://niss.gov.ua/sites/default/files/2019-02/Poslanya_druk_fin.pdf.

[15] Order of the Minister of Defense of Ukraine "On the Transformation of the United Leadership System by Defense Forces and Military Control in the Armed Forces of Ukraine" from 29.03.2019 No. 141. Electronic resource]. - Access mode: http://www.mil.gov.ua/content/mou_orders/141_nm_2019.pdf.

[16] Inaugural Address by President of Ukraine V.O. Zelensky 20.05.2019 Electronic resource]. - Access mode: https://www.president.gov.ua/news/inavguracijna-promova-prezidenta-ukrayini-volodimira-zelensk-55489.

[17] See h. 1 Article 33 of the Budget Code of Ukraine. [Electronic resource]. - Access mode: https://zakon.rada. gov.ua/laws/show/2456-17.

[18] The Decree of the President of Ukraine "On the decision of the National Security and Defense Council of Ukraine from April 25 of 2019 of the year" On proposals to the Budget Declaration on 2020 - 2022 for articles related to the provision of national security and defense of Ukraine "from 25.04.2019, No. 167. [Electronic resource]. - Access mode: https://www.president.gov.ua/documents/1672019-26626.

[19] Gorovenko V., Tyutyunnik V. An integral part of the military policy. Center for Military and Security Policy. Magazine "Defense Bulletin". - 2013 - # 1. - S. 34 - 39.

[20] Tymoshenko R., Lobko M. Problems of improvement of defense planning of Ukraine. Magazine "Science and Defense". - 2018 - # 1. - S. 11 - 17.

[21] Saganiyuk F., Frolov V., Pavlenko V. and others. The Ukrainian Security and Defense Sector: Strategic Leadership and Military Management. Monograph. K .: CZ MO and GS of the Armed Forces of Ukraine, - 2018. - 230 S.

[22] Draft Law of Ukraine "On Amendments to the Law of Ukraine" On the Defense of Ukraine ". [Electronic resource]. - Access mode: http://w1.c1.rada.gov.ua/pls/zweb2/webproc41?pf3511=65321.

[23] Kravchenko R. The activity of military counterintelligence in the US Army: organizational and legal aspect. [Electronic resource]. - Access mode: http://ippi.org.ua/kravchenko-rm-diyalnist-viiskovoi-kontrrozvidki-v-armii-ssha-organizatsiino-pravovii-aspekt-st-112-1.

[24] The Law of Ukraine "On the General Structure and Number of the Security Service of Ukraine" from 30.10.2005 No. 3014-IV. Information from the Verkhovna Rada of Ukraine. - 2006 - # 4. - S. 53.

[25] Smeshko I. A note "On the necessity of transferring the component of the SBU military counterintelligence to the Ministry of Defense of Ukraine and creating a joint military intelligence and military security structure" (14.05.2015, 05 / 27456 - 01).

[26] Koziy I., Polyakov L. Reform of democratic civilian control over the Armed Forces and other military formations in Ukraine: the next steps. [Electronic resource]. - Access mode: http://ieac.org. ua / public / item / 68-reform-demokraatychnoho-tsyvilnoho-kontrol-nad-zbroinymy-sylamy-ta-inshymy-viiskovymy-formuvanniamy-v-ukrain-nastupni-kroky.

[27] Lemenov O. How to reform the Security Service of Ukraine. [Electronic resource]. - Access mode: https://dt.ua/ internal/yak-same-potribno-reformuvati-sbu-302971_.html.

[28] Recall that the other four areas of the reform of the security and defense sector are related to: drafting and submitting to the Cabinet of Ministers a draft law on the tasks and powers of the Verkhovna Rada Committee on providing control functions for the activities of state organs of special appointment with law enforcement functions, law enforcement agencies, special law enforcement agencies and intelligence agencies; updating the editorial boards on dissent and state secrets laws; reforming the defense industry and defense procurement systems. [Electronic resource]. - Access mode: https://www.eurointegration. com.ua/news/2018/12/8/7090404/.

[29] Daniluk O. Plan 100 Days, Frames Ze, Problems Privata and Rada. [Electronic resource]. - Access mode: https://www.liga.net/politics/interview/danilyuk—plan-100-dney-kadry-ze-problemy-privata-i-rady.

[30] See The matrix of achievement of strategic goals and fulfillment of the main tasks of defense reform. Tasks 3.7.1, S.58. [Electronic resource]. - Access mode: http://zakon2.rada.gov.ua/laws/show/240/2016/paran10#n10.

[31] The medium-term plan of the Government's priority actions up to 2020 year and the plans of the Government's priority actions. [Electronic resource]. - Access mode: https://www.kmu.gov.ua/ua/diyalnist/programa-diyalnosti-uryadu/ serendnostrokovij-plan-prioritetnih-dij-uryadu-do-xnumx-roku-ta-plan-prioritetnih-dij-uryadu-na-2020-rik.

[32] Markieva O. Analytical note "Problems of Creating Military Police in Ukraine", which was sent to the Presidential Administration of Ukraine (out of NISD from 08.08.2016 No. 293 / 759-761).

[33] Analytical report to the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine "On the internal and external situation of Ukraine in 2017 year» [Electronic resource]. - Mode of access: http://www.niss.gov.ua/.

[34] Analytical report to the annual message of the President of Ukraine to the Verkhovna Rada of Ukraine "On the internal and external situation of Ukraine in 2018 year» [Electronic resource]. - Mode of access: http://www.niss.gov.ua/.

[35] Lutsenko I. The law on the reintegration of Donbass will lead to the creation of a military police. [Electronic resource]. - Access mode: https://www.unian.ua/politics/10019135-zakon-pro-reintegraciyu-donbasu-prizvede-do-stvorennya-viyskovoji-policiji-irina-lucenko.html.

[36] See the previously mentioned publication by I. Kozia and L. Polyakova.

[37] Draft Law of Ukraine "On Amendments to Some Laws of Ukraine on Improving the Issues of Management by Territorial Defense". [Electronic resource]. - Access mode: http://w1.c1.rada.gov.ua/pls/zweb2/ webproc4_1?id=&pf3511=61954.

[38] The arguments regarding the need for such a step are provided in the NRI's Analytical Reports to the annual letters of the President of Ukraine to the Verkhovna Rada of Ukraine on the internal and external position of Ukraine in the 2014-2016 years.

[39] Nemirich S. March's theses of General Gerasimov. [Electronic resource]. - Access mode: https://dt.ua/ international / bereznevi-tezi-generala-gerasimova-vvichlivi-lyudi-dobre-ale-raketno-aviaciyniy-udar-krasche-305748__ html.

[40] Felgenhauer P. To achieve superiority over the rest of mankind. The head of the Russian General Staff formulates a program for preparation for a large-scale war. [Electronic resource]. - Access mode: https://www.novayagazeta.ru/articles/2019/03/09/79808-dobitsya-prevoshodstva-nad-ostalnym-chelovechestvom ?utm_source=novaya&utm_medium=tw&utm_campaign=regular.

[41] Gerasimov V. Vectors of development of military strategy. [Electronic resource]. - Access mode: http://redstar. ru/vektory-razvitiya-voennoj-strategii/.

[42] Barash Y. Polish Army and problems of its rearmament. [Electronic resource]. - Access mode:

http://opk.com.ua/войско-польское-и-проблемы-его-перево/.

[43] Wesley E. The Pentagon announced the upcoming military reforms. [Electronic resource]. - Access mode:

https://vpk.name/news/258144_v_pentagone_obyavili_o_predstoyashih_voennyih_reformah.html.