Realization of state interests in the legal system of Ukraine (applied-theoretical aspects)
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article addresses problems of state interests realization in the legal system of Ukraine being the matter giving rise to perhaps the largest range of legal issues, conflicts and hardships. The matters of necessity of the state interests protection as well as the theoretical notions and the legislative provisions are dealt with. The obligation incumbent on the state to secure protection of the state interests in the legal system is analyzed from the perspective of the nature of the state as a legal phenomenon, its goals, functions and purposes under the modern conditions. The modern state bears an obligation to secure basic legal principles, rule of law, fundamental rights and freedoms, protection of the national security and integrity as well as series of other tasks in social, financial, administrative and many others different spheres. These obligations can only be fulfilled by the state where the state interests are duly realized and protected. Against this background the realization of the state interests is an alienable duty of the state. The article further address the issues of restrictions of the state’s activities in the process of the state interests realization. The legal factors giving rise to such restrictions are outlined. In the course of the state interests protection the state is always restricted by series of factors arising out of the domestic legal order as well as out of the international obligations undertaken by the state related inter alia to obligations to respect fundamental human rights and freedoms, to comply with foreign investments protection standards. These standards and the states’ obligation impose certain limits on the state’s power to act in the state interests and are able, moreover, to give rise to conflict with such power. The matter of correct identification of the state interests is considered one of the key questions. This is of particular importance considering that various interests not being genuine the state interests such as the interests of state organs, officials, corporations are often groundless equated with the state interest resulting in the state machinery pursuing such pseudo-state interests while true needs of the state and the society are disregarded. The nature of the state interests is addressed from the perspective of the notions of the domestic legal order of Ukraine as well as from that of the international law standards and firm the standpoint of legal doctrine.
Authors and Affiliations
Andrii Kubko
Keywords
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