LEGAL ASPECTS OF THE FORCED TERMINATION OF THE ACTIVITIES OF PUBLIC ORGANIZATIONS FOR THE PROTECTION OF PUBLIC ORDER AND THE STATE BORDER

The article presents an analysis of the legal basis for the forced termination of the activities of public organizations for the protection of public order and the state border. The attention is focused on the ambiguities of the judicial practice of considering cases on claims of local self-government bodies for the forced dissolution of public organizations that do not fulfill their statutory tasks. Based on the conducted research, in order to improve the legal regulation of the forced termination of the activities of public formations for the protection of public order and the state border, it is proposed to establish rules that will provide that the forced termination of the activities of such public formations is carried out: 1) by a court decision on the forced dissolution (liquidation) of a public formation, which is adopted upon the claim of an authorized local government body in the event of: a) failure by the public formation to fulfill the tasks specified by the Law of Ukraine “On the Participation of Citizens in the Protection of Public Order and the State Border”; b) the commission of actions that contradict the purpose of the activity and tasks of the public formation; 2) by a court decision on the prohibition of a public formation, which is adopted upon the claim of an authorized body for registration in the event of the identification of the grounds specified in Part One of Article 28 of the Law of Ukraine “On Public Associations”. It is specified that the implementation of the above proposals will require appropriate amendments to the laws of Ukraine “On the participation of citizens in the protection of public order and the state border”, “On public associations” and the Model Charter of a public formation for the protection of public order and the state border, approved by the resolution of the Cabinet of Ministers of Ukraine.