CLARIFICATION OF TERMINOLOGICAL FEATURES IN THE PROCESS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF THE COMMANDER OF THE NATIONAL GUARD OF UKRAINE

Abstract

The article clarifies the terminological features in the process of determining the administrative and legal status of the commander of the National guard of Ukraine. It was stated that "head" and "official" are mutually conditioned, but not identical: every head of a state body has the status of an official, but not every official is a head. It is proved that the status of the head of a state body is related to the status of an official, a set of functions, as well as a set of rights and responsibilities aimed at their implementation. It is emphasized that the status of the head is always derived from the status of the state body in which he manages. It is established that the key criterion that allows to make a qualitative ratio of legal categories "leader", "chief", "commander" and to distinguish their characteristics, is the extent of their legal personality, aimed at implementing administrative and legal status. The content of the legal personality of a public authority involves endowing its head with a set of rights and responsibilities, defining the purpose, objectives and functions of their activities, as well as consolidating special competencies aimed at exercising powers through administrative and legal means. Therefore, the main elements of the administrative legal personality of state bodies include administrative capacity, ie the ability to acquire rights and responsibilities in the process of regulating public relations, as well as administrative capacity, ie the ability to exercise their powers. Thus, "competence" is the content of "legal personality". Administrative capacity, as one of the key elements of administrative legal personality, presupposes the ability of a state body to have a certain set of powers in order to participate in administrative legal relations. It can be seen that the characteristic features of the administrative and legal status of the commander of the National guard of Ukraine are: mandatory presence of Ukrainian citizenship; the presence of the title assigned in the manner prescribed by law; the need to take the oath of the National guard of Ukraine serviceman; giving the right to make management decisions, etc.