Legal status of the National Authority for Mine Action

The article is devoted to an analysis of the particular characteristics of the legal status of the National Mine Action Authority in Ukraine. The author conducts an analysis of the provisions of international legal acts, as well as the norms of Ukrainian legislation and bylaws that define the powers of state authorities in the field of mine action. The author has thoroughly researched scientific works on the legal status of executive authorities and the legal regulation of mine action. The author proposes a definition of the legal status of the National Mine Action Authority, which is defined by the peculiarities of its formation and powers, as set out in the relevant legislation. The particulars of the legal status of the National Mine Action Authority have been established. The author establishes that the National Authority constitutes an interagency coordination auxiliary body headed by the Minister of Defence of Ukraine and comprising representatives of ministries and central executive authorities involved in the implementation of the State mine action policy. The National Authority is charged with several key functions, including the coordination of activities by state authorities, local self-government bodies, Ukrainian and foreign mine action operators. It is also responsible for participating in international cooperation in the field of demining, developing proposals for improving legal regulation, and facilitating training and medical activities related to the handling of explosive ordnance. It is observed that the day-to-day operations are conducted by the secretariat, which functions under the jurisdiction of the Ministry of Defence of Ukraine. It is imperative to acknowledge that the National Mine Action Authority is not vested with the authority to license mine action operators, to carry out state supervision or to bring offenders to legal liability. However, it is imperative to recognise that the Authority is invested with controlling powers to monitor mine action. The author demonstrates the necessity of enhancing the legal standing of the National Mine Action Authority through the establishment of a State Mine Action Service within Ukraine. This service would be entrusted with the authority to issue licences to mine action operators and to oversee the adherence to the stipulated licensing conditions.