Інституційна спроможність держави та права людини

CONCLUSIONS

Effective exercise of power is based on the rule of recognition of the legitimacy of authority decisions and the ability to consistently implement these decisions. These are interrelated things. In fact, the rule of recognition is true when finding the algorithm for executing power decisions. Therefore, respect for human dignity, freedom, equality, democracy and the rule of law - the system of values that underlie constitutionalism - is critically important here. This requires mutual control and balance in the state government. First of all, it consists in judicial control of authority decisions, which is impossible without guarantees of the independence of the courts. The division of powers between the tiers of the government and the holders of power at a certain level balances the system, especially in crisis situations, when a certain center of gravity of the government launches an attack on constitutional values. Then other power holders act as a counterbalance. But in any situation, judicial control is most important. For adoption of optimal decisions, it is necessary to exchange best practices through doctrine and jurisprudence, and one simplly cannot do without constitutional comparative studies here.

The ability to consistently implement authority decisions focused on the enforcement of human rights evidences the institutional capacity of the state. However, there are also safe and human-centric dimensions at play. From the standpoint of national security, it might be reasonable for Ukraine to join collective security systems and supranational institutions. The process of Ukraine's integration into global structures makes sense if these supranational and security institutions respect human dignity, human rights, freedom and the rule of law as fundamental values. From the standpoint of the value of human dignity, the activity of the courts, which should be guided by this fundamental decision as the basis of constitutional statehood, becomes more important. In particular, in the fight against corruption, the multiplication of all kinds of punitive institutions is of fundamental importance. Guarantees of economic freedom, compliance with contracts and fair justice come to the foreground.

The competitiveness of Ukraine in global structures will be achieved provided that the entrepreneur is free to choose their field of business activity without external pressure, with an awareness of the full responsibility for their risks. Therefore, the state should not engage in redundant dirigism here, excessively restricting economic freedoms, but instead maintain a modern and efficient market infrastructure based on free competition.

REFERENCES

[1] Kistyakivskiy, B.O. (1996). Favorites. Kyiv: Abrys.

[2] Shcherbanyuk, O.V (2013). People's sovereignty and realization of the power of a democratic state. Kyiv: Logos.

[3] De Boer, K. (2018). Kant's radical conception of objectivity: A reaction to schulting's kant's radical subjectivism. Tijdschrift Voor Filosofie, 80(2), 331-339.

[4] Spykman, N.J. (1970). America's strategy in world politics: the United States and balance of power. Connecticut: Archon Books.

[5] Brzezinski, Z. (2012). Strategic vision: America and the crisis of global power. Lviv: Litopys.

[6] Hirschl, R. (2016) From Comparative Constitutional Law to Comparative Constitutional Studies. International Journal of Constitutional Law, 1(11), 1-12.

[7] Lagoutte, S. (2015). New challenges facing states within the field of human rights and business. Nordic Journal of Human Rights, 33(2), 158-180.

[8] Gregg, B. (2017). The human rights state: Theoretical challenges, empirical deployments: Reply to my critics. International Journal of Human Rights, 21(3), 359-385.

[9] Baker, E.T. (2004). Constitutional Theory in a Nutshell. William & Mary Bill of Rights Journal, 13, 57.

[10] Savchyn, M. (2018). Modern constitutionalism tendencies in the context of globalization and legal pluralism. Uzhhorod: RIK-U.

[11] von Bogdandi, A. (2014). Democracy, globalization, the future of international law: a general overview. Digest of Public Law and International Law, 14, 167-199.

[12] Abdollahi, M., & Behboudian, B. (2016). The government performance regarding compensation of victims of severe violations of human rights: The paradox of state immunity and compensation. Research Journal of Applied Sciences, 11(4), 154-165.

[13] Wyttenbach, J. (2018). Systemic and structural factors relating to quality and equality of human rights implementation in federal states: A critical assessment of the practice of human rights treaty bodies. International Human Rights Law Review, 7(1), 43-81.

[14] Zylberman, A. (2016). Human rights and the rights of states: A relational account. Canadian Journal of Philosophy, 46(3), 291-317.

[15] Fassbender, B. (2003) Der Schutz der Menschenrechte als zentraler Inhalt des volkerrecht- lichen Gemeinwohls. EuGRZ, 2, 75-83.

[16] Savchyn, M.V. (Ed.). (2015). Implementation of decentralization of public power in Ukraine: national and international aspects. Uzhhorod: TIMPANI.

[17] Onishchuk, M. & Savchyn, M. (2013). Responsible government and popular sovereignty: notes on constitutional creation. Journal of the National Academy of Legal Sciences of Ukraine, 2(73), 115-125.

[18] Peters, A. (2019). Corruption as a Violation of International Human Rights. European Journal of International Law, 29(4), 1251-1287.

[19] Beiter, K. D., Karran, T., & Appiagyei-Atua, K. (2016). Academic freedom and its protection in the law of european states: Measuring an international human right. European Journal of Comparative Law and Governance, 3(3), 254-345.

[20] Gruffydd-Jones, J. J. (2019). Citizens and condemnation: Strategic uses of international human rights pressure in authoritarian states. Comparative Political Studies, 52(4), 579612.

[21] Rae, G. (2016). The theology of carl schmitt's political theology. Political Theology, 17(6), 555-572.

[22] Dicey, A.V (1924). Introduction to the Study of the Law of the Constitution. London: Macmillan.

[23] Courts and Tribunals Judiciary. (2016). R (Miller) v Secretary of State of Exiting the Europeane Union, Judgment 3 November 2016, Case No. CO/3809/2016 and CO/3281/2016, EWHC 2768 (Admin). Retrieved from https://www.judiciary.uk/judgments/r-miller- v-secretary-of-state-for-exiting-the-european-union-accessible/

[24] Mosler, H. (1974). The International Society as a Legal Community. RdC, 4, 54.

[25] Voloshyn, Yu. (2010). Constitutional support for European interstate integration: theoretical and methodological aspects. Kyiv: Logos.

Размещено на Allbest.ru