INTERNATIONAL EXPERIENCE IN THE ORGANIZATION AND ACTIVITIES OF MILITARY FORMATIONS WITH LAW ENFORCEMENT FUNCTIONS

Abstract

The article provides a comparative legal analysis of international experience in the organization and functioning of military formations with law enforcement functions in European countries and the United States. The study covers two main approaches: models where military formations have permanent law enforcement functions (the gendarmerie type, characteristic of France and Italy), and models where the functions of military formations are clearly separated from other security and defense structures and are allowed only in conditions of emergency or martial law (USA, Canada). Special attention is paid to the legal foundations and institutional mechanisms of democratic control over the armed forces, par- ticularly exemplified by the United States, as well as to the system of subordination of gendarmeries in European countries.It is shown that in most countries, reserve or guard formations with dual subordination operate actively, being involved in maintaining public order, crisis response, and participation in peacekeeping operations.The domestic experience is considered in the context of gradual adaptation to international standards. At the same time, it is emphasized that the lack of clear legal delimitation of powers between the National Guard of Ukraine, the Armed Forces, and the police complicates the implementation of effective cooperation. Based on the analyzed international experience, the author justifies the need for further legislative modernization of the legal status of the National Guard of Ukraine.