Institutional capacity of the state and human rights

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.

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