Проблема розробки універсального визначення приватної військової та охоронної діяльності
The Problem of Developing a Universal Definition of Private Military and Security Activities

Summary/Abstract: The article provides a comprehensive study of the problem of the lack of a unified and generally accepted definition of private military and security activities in the system of international and national law, which negatively affects the effectiveness of legal regulation in the field of security. The relevance of the study is determined by the growing role of private military and security structures in ensuring national and international security, the participation of such entities in armed conflicts, peacekeeping missions, and the protection of strategically important objects. The aim of the study is to develop a universal definition of private military and security activities based on a comprehensive analysis of theoretical and legal approaches. Translated with DeepL.com (free version) The methodological basis of the study is made up of general scientific methods of cognition, in particular, analysis and synthesis, induction and deduction, abstraction, which made it possible to reveal the content of the concept of private military and security activities, identify its structural elements, and summarize the main scientific approaches to its definition.The development of scientific approaches to understanding private military and security activities has been studied, as well as the provisions of international legal acts, regional documents, and the legislation of individual states that regulate the activities of private military and security companies. The key common and distinctive characteristics of such companies are identified, in particular with regard to the nature of the services provided, the degree of use of armed force, the level of state control, and the legal status of personnel. Particular attention is paid to the reasons for terminological uncertainty, among which the diversity of functional models of private military and security activities, the lack of a unified international legal approach, and the political sensitivity of the issue of delegating state functions in the use of force to private entities are highlighted. The article examines the problems of distinguishing between the concepts of "private military activity, "private security activity", "mercenary activity", and "military support services", which is of fundamental importance for determining the scope of rights and obligations of the relevant entities. The article also analyzes the legal, security, and ethical challenges associated with the activities of private military and security companies, in particular the issue of responsibility for violations of international humanitarian law and human rights, mechanisms for holding the personnel of such companies accountable, as well as issues of transparency, accountability, and democratic civilian control. It justifies the need to develop a universal definition of private military and security activities as a conceptual basis for improving national legislation, harmonizing international legal standards, and creating an effective system of international control in the field of security privatization.

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