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Formation and formulation of state policy to ensure national security: theoretical and legal aspects

In the article there were defined and substantiated the theoretical and legal foundations of the formation and formulation of state policy to ensure national security. The essential features of the formation of state policy on ensuring national security as a legal category were determined. Structural elements, main forms and their varieties, methods of the formation of state policy were substantiated and characterized. It was proved that state policy of ensuring the national security of Ukraine was inextricably linked with the law. The meaning of legal principles is revealed and the need for their implementation and observance is substantiated, as well as the creation of a system of scientific support for the principles of implementation of state policy to ensure national security. Author’s proposals were presented in the article.


Introduction
Ensuring of National Security directly depends on the proper mechanism for the formation and implementation of the corresponding effective State policy. To develop such a mechanism, it is necessary to have a clear understanding about what State policy and National Security policy are in general. Also, it is necessary to define the theoretical and legal foundations of their formation. At the same time, it is important to realize that in the modern period the problem of the state policy of Ukraine is to ensure national security, to find different ways to improve it, taking into account, first of all, the conduction of so-called hybrid war against our State (Ukraine), the aggravation of social contradictions in all spheres of the society. This problem of formation and formulation of State policy to ensure National Security of Ukraine deals with the questions of the emergence and the basis of various and extremely acute conflicts, which nowadays have become especially relevant (Konuk, 2019). The solution of this specified problem requires us organizing corresponding scientific research.

Methods of the research
That's why in the process of our research general and special scientific research methods were used. General methods determine philosophical and worldview approaches, such as dialectical and phenomenological methods, thanks to which the essence, the concept and the meaning of State policy to ensure national security and its relationships with law were analyzed.
We also used such theoretical and logical methods, as: deduction, induction, systematic approach, methods of the analysis, synthesis, which made us possible to obtain reliable knowledge about the role and the significance of legal aspects in the formation of State policy to ensure national security, to determine and to justify its essential features, algorithm, principles, conceptual foundations and to propose the ways to improve the system of scientific support and its implementation into practice.
In our own research we've analyzed Ukrainian normative legal acts, among which special attention was paid by us to the analysis of such legislative acts, such as: the Constitution of Ukraine, the Law of Ukraine "On National Security", as well as Decrees of the President of Ukraine, which approved the Strategies of individual components of national security.

Literature Review
State policy is a complex phenomenon that includes a set of decisions and measures having been taken into account by many subjects and institutions. Often it is formed by previous political experience and it is closely related to other, the most extraneous decisions. Therefore, it is very difficult to analyze this problem (Govlet & Magadevan, 2004, p. 15).
Nowadays scientists have developed numerous approaches to the analysis of State policy processes. Analyzing the researches of foreign scientists on public policy, Govlet M. and Magadevan R. noted that the direction of the researches of many scientists was the search for causal variables in the sphere of the development of public policy. In other words, the main there are political determinants, the purpose of which is to answer the question: what questions determine public policy (in such a way we mean the macro level of socio-economic factors or micro-level elements of the person's behavior). Such researches are largely empirical and often quantitative according to their orientation. Some of the scientists in their attempt to understand the development of State policy, limit themselves to the organization of the State itself. One of the ways to understand the processes of State policy is to study the nature of the political regime, which is vaguely defined as the organization of the political system in the whole. Such researchers, as Theodore Loewy, James K. Wilson and Lestor Salomon focus their attention on the study of the content of politics in general. Another group of the researchers concentrates on the influence and consequences of politics (Govlet & Magadevan, 2004, p. 15-16).
In general, as Govlet M. and Magadevan R. think, everybody has to agree with Peter De Leon that studies of policy have a long history, but a short past. In such a way politics of State have been concentrated on the focus of a lot of researches over the past millennium, but its systematic study has been spanned only by a few decades. The last argument is explained by the existence of different approaches to this problem, originating from different academic schools (Govlet & Magadevan, 2004, p. 27).
The 90s of the last century proved that the process of developing State policy has to meet such kind of increased requirements. It should be meaningful and justified. In other words, State policy is strategic in its nature, because it is necessary for making important appropriate decisions (Brown, 2000, p. 16).
The theoretical basis of our research consists of some scientific achievements. First of all, we take into account the researches of Gladunyak I., who paid a great attention to the consideration of the Constitution as a basis for the formation and implementation of state policy in general. Also, we've studied the issues of Avakian T., who proposed in his scientific articles the definition of subjects and forms of the implementation of State policy in the field of internal affairs and to the disclosure of the content of Ukrainian Security policy in the context of European integration. Other scientists, for example Dzevelyuk M. studied the problem of the relationships between State policy and the functions of the modern State. In the researches of Tertychka V. he systematized the scientific paradigm and revealed the content, principles and the methodology of the analysis of State policy in Ukraine.
In our country, in Ukraine, and in foreign countries different authors have written their issues about State policy, Legal theory, theoretical and legal foundations of ensuring national security (we mean the researches of M. Paul Brown, Michael Govlet and Magadevan Ramesh).

Results and discussion
Based on the results of the analysis of different scientific researches, we'd like to state that practically no attention was paid to the research issues on the formation of State policy specifically to ensure the national security of Ukraine and primarily its legal basis.
In order to determine the theoretical and the legal foundations of the formation of the State policy to ensure national security, first of all, it is necessary to understand what it is meant by the term "formation". According to the Great Explanatory Dictionary of the Ukrainian Language, "formation is an action with the meaning of forming: 1) to give existence to something; to create, providing some structure, organization, form; 2) to organize, create something (some structure, unit, etc.) from a certain number of participants... to define, to establish, to outline something (Bussel, 2005).
We also consider that it is appropriate to clarify the place and the role of the State in the political system of our society, as well as we've to analyze what the categories "politics" and "State policy" mean.
The place and the role of the state in the political system of our society is revealed in its main functions. Traditionally, they are divided into internal and external ones. The following functions are classified as internal ones: − the economic functionthe protection of the existing method of production, regulation of economic processes with the help of tax and credit policy, the stabilization of the economy and creation of incentives for economic growth, the regulation of "natural monopolies" (we mean the ways of communication, energetic sphere); − a social function -satisfaction of people's needs in work, housing, health care, provision of social guarantees to socially vulnerable groups of population (young people, pensioners, unemployed people, orphans, disabled people, large families, etc.); − a legal functionit is ensuring legality and laws, and their order; − a political functionensuring political stability, developing a political course that meets the needs of the population; − educational and cultural functionsthe formation of some concrete conditions for obtaining accessible general and secondary professional education, as well as the conditions for obtaining the cultural needs of the population; − the ecological functionthe protection of the natural environment.
External functions include: protection of state interests in the international arena; ensuring the security and the defense of the country; the development of cooperation and integration of this country with other ones.
To perform some specified functions the State has to use some certain means (resources of State power), and has to rely on a complex of special State agencies that make up the relevant executive mechanism of the State.
In practice, the State implements these functions with the help of State policy (Abdulina, 2014, p. 93). This certainly applies to ensuring national security.
In everyday use the term "politics" is interpreted ambiguously. In some a way, according to the encyclopedic dictionary of political terms, it is "an organizational, regulatory and control sphere of the society, within which social activity is carried out, with the aim mainly for achieving, maintaining and realizing the power by individuals and social groups for the fulfillment of their own requests and needs" (Political dictionary, 1997, with. 258). Piren M. interprets politics as a type of the activity to satisfy the long-term current interests of social groups (Piren, 2009, p. 15).
At the same time, as the analysis of available scientific sources shows, that "politics" is mainly understood as the art of public administration, the science of state goals and effective means of achieving them. Based on this position, in our opinion, the purpose of the policy is to define priority of problems in one or another area, as well as subjects, effective means, forms and methods of solving them. If this opinion is related to the activities of State power, then it should be attributed to State policy.
The way how analysts explain State policy and the aspects they emphasize on, depends on their ideas, which in turn depends on their interests, ideologies and experience (Govlet & Magadevan, 2004, p. 15).
From our point of view, State policy is a system of ideas, actions, attitudes of subjects of State policy according to the formation, the formulation and the implementation of State interests.
The ideas explain the imagination of State policy of subjects about the direction of State development. The actions are cognitive and transformative ways of providing the activities of subjects of State policy for the implementation of some ideas. Relations are social ties that are arisen between different subjects of State policy, which are realized during its implementation. The ideas, the actions, the attitudes are also arisen in the process of forming of the implementation of State policy. The process of formation is the activity of subjects of State policy to generate some main ideas about the development of the State. The formulation, in such a way, is the consolidation and the reflection of these ideas in legal and political documents (Shmotkin, 2013, p. 62-64).
So, State policy has the aim of realizing State interests. State interests are some general state needs for the realization of national values, having been implemented by the subjects of State policy.
As Dzevelyuk M. rightly notes, the formation and the implementation of purposeful, socially oriented, stable and competent State policy is one of the conditions for the existence of a Legal, Social, Democratic State (Dzevelyuk, 2016, p. 23).
Let's consider the conceptual principles of the formation of State policy based on the principles of ensuring national security.
According to the current legislation of Ukraine, State policy in the spheres of national security and defense has the aim for protecting: people and citizenstheir lives and dignity, constitutional rights and freedoms, safe living conditions; the societyits democratic values, well-being and conditions for sustainable development; the Stateits constitutional system, sovereignty, territorial integrity and inviolability; a territory, natural environmentfrom emergency (Law 2469-VIII, 2018).
Therefore, we've to emphasize that the main goal of State policy is to ensure national security, to guarantee safe and stable functioning and the development of the State, its constitutional system, sovereignty, territorial integrity and inviolability of the territory, the rights and the freedoms of a man and citizens (Chernysh & Osichnyuk, 2021).
The tasks of the national security policy are to determine the priority of national interests of Ukraine; possible threats to national security of Ukraine in the most important spheres of our life; the main subjects and objects; the basic principles; the main directions of the State national policy of Ukraine in foreign and internal policy, economic, social, military, environmental, scientific and technological, informational, humanitarian and in the spheres of State security, security of the State border of Ukraine, according to civil protection of our country, international cooperation, as well as in accordance with the creation of a system for ensuring national security of Ukraine.
The essence of the State policy to ensure national security consists in the formation and the implementation of an appropriate system of the influence on certain areas of the State's life in order to guarantee its safe development and sustainable growth.
The formation of State policy takes a great place according to a certain algorithm. Dzevelyuk M. agrees with sharing the position of Petrenko I.; he emphasizes that State policy is formed by five stages: the initiation of policythe definition and the analysis of social problems, the formation of goals and priorities of State policy; policy formationthe development of State policy, which involves the coordination of interests, goals and means of achieving them; the adoption of policythe legitimization and financing, the consolidation of the developed policy in a number of decisions and programs; the implementationwe mean the implementation and monitoring of State policy, which includes a set of measures for the implementation of different decisions and programs; policy evaluationaudit of its effectiveness and quality, regulation of State policy as a result of which there may be an adjustment or refusal to implement the policy (Dzevelyuk, 2016, p. 23;Petrenko, 2011, p. 24).
Such approach is used with the purpose to determine the algorithm of State policy formation, is somewhat contradictory. First of all, there is a tautology in the proposed version, because the second stage of the formation of State policy we define the process of the formation of the policy. Secondly, proposing to consider implementation as the fourth stage of the formation of State policy, we've mixed two types of the activities of formation and implementation of State policy.
In our opinion, the formation of State policy involves three stages. The first one is preparatory, which consists of the analysis and the assessment of the existing situation in the country; the identification, awareness and formulation of urgent social problems that all people have to solve urgently to ensure national security; the search of options (alternatives) for solving specified problem, choosing the optimal one from them, forecasting the results of their implementation; substantiation of the need for the formation of State policy and explaining the expediency of its model; making up some relevant decisions. The second stage is the main one. It directly develops State policy, defines its content (goals, tasks, objects and subjects, powers of citizens, means of solving existing social problems). The third stage is the final one, which provides great opportunities for the adoption of some decisionstheir consolidation in the form of correspondingly developed normative-legal act, program-target document, organizational-administrative decision in the form of a Doctrine, a Strategy, a Concept at the legislative level (we mean their approval by the Verkhovna Rada, the Decree of the President of Ukraine, the Resolution of the Verkhovna Rada, the Cabinet of Ministers of Ukraine).
The essence of the formation of the State policy is to ensure national security as a legal category. It creates conditions for guaranteeing the safe and sustainable development of the country through its development, by legally defined entities, according to appropriate legal meanspermissions, prohibitions and restrictions for the appropriate regulation of social relations in certain spheres of its life activity.
Therefore, in such a way we'll state that the State policy of ensuring the national security of Ukraine is inextricably linked with the law.
In the opinion of Gladunyak I., which we support, "a scientifically based approach to the analysis of the processes of formation of State policy involves highlighting of its connection with the basic principles of organization, functioning and goal-setting of State power, having been enshrined in each specific country at the level of its Basic Law" (Gladunyak, 2007). The presence of a dialectical connection between the Constitution and State policy, as some scientists mention, is that "on the one hand, State policy, as Selivanov V. proves, is designed to determine the role and the tasks of State power in vital spheres of the society, its strategic goals of legislative, managerial, administrative and some other measures to preserve the integrity of the society and guide it towards a way of social progress". "On the other hand, the very process of goal setting takes a place in accordance with the principles of the organization of a social system having been established at the level of the Basic Law" (Gladunyak, 2007).
According to the Law of Ukraine "About National Security", the main principles, that determine the procedure for the formation of State policy in the spheres of national security and defense are: 1) the rules of law, accountability, legality, transparency and compliance with the principles of democratic civilian control over the functioning of the security and defense sector and the use of force; 2) the compliance with the norms of international law, the participation (according to the interests of Ukraine) in international efforts to maintain peace and security, to deal with interstate systems and mechanisms of international collective security; 3) the development of the security and defense sector as the main instrument for the implementation of State policy in the spheres of national security and defense (Law 2469-VIII, 2018).
Justifying the appropriateness of understanding the phenomenon of State policy as a relatively stable, organized and purposeful activity/inactivity of state institutions, Tertychka V. described these state institutions, their direct or indirect activity in relations to a certain problem or set of problems that affect the life of our society. So, Tertychka V. notes, that the definition of State policy implicitly implies that it is based on a certain law and has to be legitimative. In modern society fiscal, regulatory or control actions are perceived as legitimative ones, and legitimacy is a necessary but not sufficient condition for effective State policy (Tertychka, 2002, p. 82-83). State policy does not appear, we'll speak, because of the will and the desire of those people who are currently endowed with a great State authority power. On the contrary, in order for this area of State activity to have a systemic and integral character, it is necessary from the very beginning to have a certain set of rules and principles that has to be fixed at the legislative level. The method of constitutional determination is a universal way of fixing the specified norms and rules. Taking these rules and principles into account as some of imperative importance, the state acts as a guarantor that all the participants in social and political relations will comply with them (Gladunyak, 2007).
Undoubtedly, we also mean all these grounds according to Ukraine. In accordance with Article the 2 nd of the Law of Ukraine "About National Security" the legal basis of State policy in the spheres of national security and defense is the Constitution of Ukraine. We mean this and other laws of Ukraine, international contracts, the binding consent of which has been given by the Verkhovna Rada of Ukraine, as well as it was issued for the implementation of Constitution and laws of Ukraine and some other legal acts (Law 2469-VIII, 2018. In such a way we mean the Strategy of National and State Security, the Strategy of Economic, Energy, Military, Ecological, Biological, Food, Information and Cyber Security, the Strategy of Public Safety and Civil Defense of Ukraine, the development of the Defense of industrial complex of Ukraine, Foreign Policy Activities, as well as the Concept of the counter-intelligence regime, the Military Doctrine of Ukraine, the National Intelligence Program, which should determine the target guidelines and guiding principles of State policy to ensure the safe functioning of the State, the directions of the activity of relevant subjects of the Security Sector. These specified documents are mandatory for their implementation and the basis for the development of specific State Programs based on the components of the State National Security Policy with the aim of timely detection, prevention and neutralization of real and potential threats to the national interests of Ukraine.
The mechanism of the formation and implementation of State policy consists of the practical activities of relevant subjectsstate institutions and public associations in the field of legal regulation of social relations.
According to the purpose, the role and the importance in the system of ensuring national security, subjects of state policy, in our opinion, can be classified in such a way: the main subject, the main executive subject and the auxiliary one.
The main subject should include the highest bodies of State power and managementthe President of Ukraine, the Verkhovna Rada, the Council of National Security and Defense of Ukraine, the Cabinet of Ministers of Ukraine.
The main executive entity includes ministries and other central bodies of executive power; National Bank of Ukraine; courts of general jurisdiction; Prosecutor's Office of Ukraine; National Anti-Corruption Bureau of Ukraine; local state administrations and local self-government bodies; The Armed Forces of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Service of Ukraine and other military formations, which were formed in accordance with the laws of Ukraine; law enforcement agenciessuch as the National Police, the National Guard, bodies of territorial defense, civil defense, structural subdivisions of the administrative bodies.
The auxiliary subject of State policy is represented by institutions of public society (public organizations and movements, other associations of citizens), as well as other citizens.
As rightly it was noted by Avakian T., the subjects of State policy, "usually contribute to the most civilized and effective solution of practically significant tasks of the society, ensure the reliability and the stability of the relations that are arisen between them, thereby increasing the value and the role of some Law, its potential in preventing conflicts, and the interaction of such subjects as "the objects, which is a prerequisite for solving organizational and management issues of various levels of complexity" (Avakyan, 2015, p. 38).
The object of State policy in the context of the investigated problem is a person and a citizentheir constitutional rights and freedoms; a society its spiritual, moral and ethical, cultural, historical, intellectual and material values, informational and environmental environment and natural resources; the stateits constitutional system, sovereignty, territorial integrity and inviolability.
The lack of legislative consolidation of decisions having been made by an authorized body of State power regarding to the formation of a system of targeted measures to solve certain social problems, satisfy public needs, ensure state security and protect national interests, or deals with the adoption or implementation of such decisions by subjects not authorized by the law, which can be attributed to state policy and its implementation.
A mandatory condition for the formation of effective State policy is compliance with its constitutional principles. The constitution, which defines the goals of the State and the values of national interests, is the core of the determination of the State policy to ensure State security and the mechanisms for its practical implementation.
A number of scientists pay a great attention to the defining role and the place of the Constitution in the formation and implementation of State policy. Thus, in particular, Gladunyak I. claims that the constitution "with real legal acts turns into one of the decisive factors of social and state-legal development. In this sense the interpretation of the Constitution as a source of State policy cannot be disputed. Moreover, the Constitution appears not only as one of the most possible factors of the influence on state policy, but as its fundamental basis and decisive factor, without which democratic foundations disappear. And without a focus on democracy, it already begins to serve not the interests of the society as a whole, but exclusively the interests of certain clans, political groups or individual politicians". The scientist also believes that any "constitution always carries a certain prognostic and axiological element that allows predicting the future direction of State development, and accordingly, State policy" (Gladunyak, 2007).
The lack of a systematic vision of the goals and tasks of State power, as well as a real analysis of existing problems in the country and a scientific approach to their solution based on legal grounds, gradually leads to the separation of State policy from the constitutional basis and turns it from general means of ensuring public needs into a mechanism for serving certain political parties, oligarchs or criminal groups. This constitutes one of the most important problems in modern Ukraine, obstacles to the democratization of its political system and the mechanism of State management in the sphere of ensuring National Security. In this case, the observation of Dzevelyuk M. emphasizes that a retrospective analysis of State policy proves the existence of a considerable number of examples of wrong policiesthe arbitrary one, anti-people policy, shadowy one, which led to negative consequences, which are in a great degree suffering and provide human sacrifices (Dzevelyuk, 2016, p. 24).
At the same time, comparing the state of systematization and consistency of implementation of State policy in certain spheres, we'll note that the greatest number of problems nowadays are encountered precisely in the sphere of political regulation. State policy in this area has an exclusively situational nature, which sometimes contradicts the Constitution. This can be evidenced in particular by the repeated postponement of the Verkhovna Rada's adoption of the Law about the opposition, which activity is one of the basic political rights guaranteed by the Constitution (Gladunyak, 2007).
From the point of view of the Constitution, in our opinion, it is the decision of the Council of National Security and Defense of Ukraine we mean the application of sanctions to some citizens of Ukraine and the closure of some mass media is also controversial.
Policy mistakes are worse than the crime because the consequences can have reverse effects for millions of people. At the same time, the most effective, wise, realistic policy is a prerequisite for the prosperity and well-being of the nation, stability in the society and the effective implementation of State functions (Dzevelyuk, 2016, p. 24). Therefore, the only one possible way, that is capable in returning not only minimal meaningfulness to State policy, but also putting it on a reliable foundation, is an appeal to the Constitution, which defines the goals and values of State policy, that proposes mechanisms having been designed to facilitate their practical implementation (Gladunyak, 2007).

Conclusions
Summarizing the results of our research, we'll formulate the following conclusions: According to the current legislation of Ukraine the National Security of Ukraine is ensured by conducting a balanced State policy in accordance with the doctrines, concepts, strategies and programs having been adopted in the established order in the political, economic, social, military, environmental, scientific and technological, informational and other spheres of the life of our State.
The choice of specific means and ways of ensuring national security of Ukraine is determined by the need to take measures in a timely manner, adequate in nature and scale of threats to national interests.
The main features of the formation of the State policy on ensuring national security, as a legal category, are: − the presence of a special subject, having been defined by current legislation, which is authorized to make binding decisions with the aim to guarantee safe and sustainable development of the State; − the development and the adoption by the specified special entity of binding decisions in the form of program documents in accordance with the procedure defined by the current legislation, the essence of which is the intended impact on certain areas of the country's life and social relations through the implementation of appropriate legal means in order to ensure its sustainable and safe development; − creating guarantees of the influence on certain areas of the country's life and social relations through the development of legal means of the implementationappropriate permits, prohibitions and restrictions; − approval by the legislative body of such program documents, confirmation by normative legal acts of the order of their implementation and determination of executive entities; − the obligation to implement the adopted decisions; − participation of institutions of public society and citizens (the professional activity in advisory councils, representative bodies, etc., conducting referendums, public examinations of draft laws, decisions, programs, presenting their conclusions and proposals for consideration by relevant State bodies).
The State policy for ensuring the national security of Ukraine is inextricably linked with the Law. Its formation necessarily involves: the creation of an appropriate legal mechanism (the development and the adoption of relevant regulatory and legal acts, which have to define the main principles of State policythe goals, tasks, main directions, subjects and their legal status, objects, measures and means).
The formation of effective State policy is impossible without observing its constitutional principles. Neglect of the provisions of the Basic Law or manipulation of constitutional provisions in a case of forming State policy to ensure National Security, instead of eliminating real and potentially possible threats to it and solving public needs. Such a position can led to its transformation into one of the ways for the realization of self-interests of some political forces, cause this or that political force to lose its legitimacy.
In order to achieve the goal of forming and implementing an effective State policy to ensure National Security, it is necessary to create an appropriate system of its scientific support. For this purpose, it is advisable: − to determine the list of priority of urgent social problems, the solution of which requires scientific support, to work out the tasks of scientific and research institutions of Ukraine to conduct relevant researches; − to restore the functioning of previously liquidated scientific research institutes for studying national security problems; − intelligence, counter-intelligence and law enforcement agencies under the leadership of the Council of National Security and Defense of Ukraine to create coordinated reliable system for monitoring the operational situation in the country using the latest technologies and methods of obtaining and processing the necessary information; − to develop an effective mechanism of interaction between subjects of the security sector for information and analytical support of higher state authorities on current problems of national security, primarily according to real and potentially possible threats for the formation and implementation of appropriate State policy; − to introduce the practice of involving leading scientists of the security sector into the scientific examination of projects of normative and legal acts related to the sphere of National Security, creating a corresponding working group of advisers from them.