The Legal Mechanism of Ensuring the National Security of the State:

Problems and Prospects

T. Efimtseva

and S. Shadrin

Department of entrepreneurial and natural-resources law Orenburg Institute (Branch) of the Kutafin Moscow State Law

University (MSLA), 460000, 50 Komsomolskaya Street, Orenburg, Russian Federation

Civil law and procedure law faculty department, Orenburg State University,4600081, 13 Victory's prospect, Orenburg,

Russian Federation

Keywords: National security, national interests, threats, provision, protection, legal mechanism, spiritual and moral

values.

Abstract: The article is devoted to the problems of developing a legal mechanism for ensuring the national security of

the state, its consolidation in legislation, but most importantly-its implementation in practice. The goal is to

study these problems and formulate proposals for their solution. The paper pays attention to the concept of

"national security" and its components, noting that in science there are two approaches to its understanding:

broad and narrow. A narrow approach is to ensure the state of security of the state, society and the individual

from internal and external threats, and the greatest danger to security is represented by internal negative factors.

A broad approach to the definition of national security means not so much the protection of national interests

as their active promotion and implementation, which corresponds to the offensive. The article substantiates

the need for a broad understanding of national security and proposes to supplement the legal mechanism for

ensuring national security with an offensive system. However, the key element of the national security of the

state is the spiritual and moral values of both society as a whole and each individual person, and therefore the

state should have an ideology shared by the majority of the members of society, which includes culture and

education.

1 INTRODUCTION

Security-related issues have always been the subject

of scientific research. However, we studied either

individual types of security (for example, economic)

(Ishmeyeva, 2016; Silvestrov, 2018) or the security of

individual subjects (for example, regions, economic

entities) (Belousova, 2020). There are very few

scientific papers devoted to the problems of national

security, and these problems are considered from the

point of view of economics, political science,

sociology, but not law (Lipinsky, 2019).

In the current crisis conditions, the very

understanding of national security and the system of

means to ensure it are undergoing a qualitative

transformation. The functioning of the national

security system involves the study and assessment of

the nature of threats, risk situations and other adverse

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factors. Therefore, solving the problem of ensuring

national security leads to the need to identify, analyze

and find effective ways to prevent or mitigate the

impact of risk factors and major threats on the

activities of the state, society and the individual.

In order to identify the most effective means of

ensuring national security, it is first necessary to

identify threats, since without this, the development

and implementation of interim measures is

impossible.

All this is important, and it is necessary to attract

the attention of scientists and politicians, expressing

concern about the situation, features and prospects of

the development of the state.

The state strategy of national, including

economic, security of the Russian Federation is

focused on the implementation of fundamental

economic transformations, on the implementation of

Eﬁmtseva, T. and Shadrin, S.

The Legal Mechanism of Ensuring the National Security of the State: Problems and Prospects.

DOI: 10.5220/0010696800003169

In Proceedings of the International Scientiﬁc-Practical Conference "Ensuring the Stability and Security of Socio-Economic Systems: Overcoming the Threats of the Crisis Space" (SES 2021),

pages 207-210

ISBN: 978-989-758-546-3

207

institutional transformations, on the creation and

implementation of mechanisms that eliminate or

mitigate the impact of negative factors that undermine

the stability of the national economy.

Thus, the legal mechanism of the national security

of the state in modern conditions is designed to ensure

the state of security of the entire society as a whole,

and the legal nature of national security is

characterized by the state of security in various

spheres of society's life (economic, social,

informational, environmental, etc.), enshrined in

specific legislative norms.

The purpose of this work is to study some aspects

of the legal mechanism for ensuring national security.

At the same time, it should be noted that the

existing model of ensuring Russia's national security

is aimed at keeping the economy at a certain level and

protecting it from numerous threats. Despite the

absolute importance of such a defensive strategy, at

the same time, it becomes obvious that this strategy is

devoid of initiative, freedom of choice of means and

the very possibility of achieving a legally established

goal.

In this regard, we consider it appropriate to raise

the issue of supplementing the structure of the legal

mechanism for ensuring national security. In our

opinion, the relevant legal mechanism should consist

of two subsystems: the protection of national interests

from negative factors (defense) and the

implementation of national interests (offensive). That

is why it is relevant to study a new offensive direction

in the legal mechanism of ensuring national security.

2 MATERIALS AND METHODS

The research methodology is based on the principles

of scientific character, objectivity and concreteness of

the truth, the identity of the true and logical, and

consistency. The article uses general scientific

methods such as system, functional, logical, as well

as private scientific methods: formal-logical,

comparative, concrete-sociological.

All these methods allowed us to define and reveal

the concept of "national security", to justify our own

understanding of the phenomenon under

consideration. Speaking about the importance of

spiritual and moral values for ensuring the national

security of the state, we must remember the need to

create a state ideology in which the basis of human

behavior would be the predominance of the spiritual

over the material. And in this regard, special attention

should be paid to culture and education as the

constituent and most important elements of ideology.

3 RESULTS AND DISCUSSION

National security is a key, basic concept that

characterizes the security of all spheres of life support

of society, the state and the individual from external

and internal threats, the ability to resist them and

adapt to constantly changing conditions of existence.

The essence of national security can be defined as

a state of all spheres of society, in which guaranteed

protection of national interests, socially oriented

development of the country, sufficient defense

potential, even under the most unfavorable conditions

of the development of internal and external processes

are provided. It is important to emphasize that

national security is not an abstract theoretical

construct. After all, the protection of national interests

is ensured by the willingness and ability of

government institutions to create mechanisms for the

development of the economy and the maintenance of

socio-political stability of society.

Therefore, the fundamental element of national

security is the protection of national interests from

internal and external threats.

Threats should be understood as factors that

hinder the realization of the interests of the individual,

society, and the state and can interrupt their

implementation, which can be internal and external.

The main sources of threats to Russia's national

security at the present stage are the growing influence

of the external factor, the crisis state of the world

economy, the instability of economic growth, the

imbalance in the structure of the economy, etc. But

the special harm to the country's security is caused

mainly by internal factors. Internal threats are caused

by the state of the domestic economy, the weakening

of scientific and technical potential, the outflow of

specialists abroad, the disintegration and

differentiation of society, the criminalization of

public relations, and the devaluation of spiritual

values.

However, national security means that, despite the

effect of destructive phenomena, the state can

function stably and develop normally, achieve its own

goals and solve the tasks facing it.

As an example, we cite the statement of S.N.

Silvestrov that "the main national interest is to

guarantee the survival and development of Russia as

a state, superethnos, civilization and the

strengthening of its national security» (Silvestrov,

2009).

According to the definition of G. Brown, national

security is the ability to preserve territorial integrity,

control the inviolability of borders, protect the

political system and public administration institutions

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from external influence, follow first of all their own

national interests and maintain international relations

(Brown, 2017).

One of the types of national security and an

important part of it is economic security, which has

long been studied within the framework of economic

science and has not been the subject of legal studies.

In this regard, from the point of view of law, national

security and the economic security included in it can

be represented as a state of social relations regulated

by law, in which it is possible to continuously and

effectively reproduce, distribute and consume goods

in the interests of the individual, society and the state

(Lev, 2020).

Further, we note that in the scientific literature, the

term "national security" in general and the term

"economic security" in particular are considered in a

broad and narrow sense [Gerasimov, 2001]. In a

broad sense, it is a national program for the

development of the state. In a narrow sense, it is a set

of means and methods to counteract negative factors.

In this study, national security is considered in the

broadest sense, since, in our opinion, this

understanding most fully reflects the essence of the

problem under study, includes a large number of

different aspects and trends in the development of

state-legal phenomena.

In the Concept of national security of Russia, its

national security is understood as the protection of

vital interests of citizens, society and the state, as well

as national values and way of life from a wide range

of external and internal threats, different in nature

(political, economic, information, environmental,

military, etc.).

As for the cooperation of the state and society, it

should be noted that it is the state that acts as a

guarantor of national or public security. Security is

the most important function and duty of the state,

since the other functions of the state become

meaningful only when society develops a certain

level of social trust in the state as an entity that can

protect and take care of its citizens.

In turn, a society that does not understand the

moral conditionality of a person's position in it has no

future. In this regard, the direction of further

development and the existence of the Russian state in

general should be adequate to the morality,

worldview and culture of our people.

On the basis of traditional moral values and the

corresponding worldview, people create the concept

of the organization of human life and society and

actively translate it into reality. Such a concept

defines culture, and culture, in turn, defines the legal

culture, the legislative framework, morality and the

worldview of present and future generations.

The concept of spiritual and moral values has been

at the heart of the debate about Russian national

security. Today, spiritual and moral values are

considered not only as something self-evident,

eternal, absolute and unchangeable, but also as

something that is attacked and subject to protection.

Only such a legal mechanism, which has a reliable

basis in the morality and worldview of the people

themselves, becomes a condition for their social

security and is able to provide the country with long-

term crisis-free development, focused on the long-

term future (Fenenko, 2006).

The inclusion of the concept of spiritual and moral

values in the legal mechanism for ensuring the

national security of the Russian Federation and in its

national security strategy is negatively evaluated by

Western scientists. Thus, the literature suggests that

spirituality and morality have taken a central place in

the formation of the national identity of the Russian

political regime and the establishment of a new social

contract. Spiritual and moral values have become the

link that justifies the increasingly repressive,

authoritarian, economically stagnant and essentially

demodernizing policies of the regime. Spiritual and

moral values became necessary for the survival of the

regime, which, according to the regime, is necessary

for the survival of Russia (Ostbo, 2017).

This statement only confirms the thesis that

spirituality and morality are at the forefront of the

struggle and are the most important means of

ensuring the national security of the state. Spiritual

and moral values are more important than economics.

In this regard, in order to ensure national security,

the state must create the following essential elements

of the life of society:

1. The presence in the country of an ideology

shared by the majority of the population,

which, under the influence of negative factors,

increases the cohesion of society and its

resistance.

2. The presence of a high cultural and educational

level of the population, as well as the presence

of a strong economic, scientific, technological,

political and information base of the country,

increasing its role in the international arena.

Education of a person who is aware of himself

as a representative of his people and his

country, who thinks first of all about the well-

being of his compatriots, who feels patriotism

and pride for his Homeland.

As for ideology, the current of social thought has

recently become more active in Russia, proclaiming

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the restoration of socialist social relations. In turn,

ideology presupposes the corresponding culture and

education.

Ensuring high-quality education in general and

especially higher education is an essential condition

for providing the country's economy with qualified

personnel capable of creating conditions for

economic growth and development of the country.

Improving the national security of the country by

improving the quality of professional training of

highly qualified specialists seems quite real if the

following conditions are met: the rejection of the

Bologna system of training; the adoption of a single

state educational standard for each area of training for

the long term; the development of unified educational

programs of higher education in each area of training

of specialists.

4 CONCLUSIONS

A broad approach to understanding national security

is based, on the one hand, on the need to ensure the

protection of national interests, including the spiritual

and moral values of society, but, on the other hand,

on the realization of one's interests and the

achievement of one's own goals on the basis of moral

attitudes and values.

In the future, further work in the legal field is

necessary to solve the problems of national security,

since state policy should be based on legislation, and

then it will be implemented on a legal basis.

The legal mechanism of national security will be

effective in neutralizing internal and external threats

if it contains the elements discussed in this article, and

first of all, these are spiritual and moral values that

need not only protection, but also constant and

systematic implementation. Their implementation

means the formation and consolidation of the state

ideology, the components of which are culture and

education.

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