Constitutional principles of the state policy in the area of guaranteeing the ownership

Abstract

Problem’s setting. The economic rights and freedoms, namely the ownership have an important place in the economic system. Improvement of legal regulation concerning the state policy in the area of the ownership requires detailed regulation at the constitutional level, because of the high level of corruption and crime rate in economic relations. These negative consequences are primarily provoked by low level of democratic procedures’ efficiency and the mechanism of realizing economic rights.

Analysis of recent research and publications. Some aspects of this issue have been the matter of studies of a number of Ukrainian and foreign scholars. The notion of the state policy was studied in the works of: V. Tertychka, O. Kucherenko, P. Fris, etc. Issues concerning the state policy in the economic sphere were the interest of: V. Ustimenko, V. Mamutov, V. Selivanov, O. Skupinskyi, D. Zadykhailo, Yu. Bysiah, I. Kresin and others.

The objective of this paper is to determine the general principles of the state policy in the area of guaranteeing the ownership, to establish their content, place and significance for the economic system and to formulate the definition of the concept of the state policy in the area of the ownership.

The main part: Development and realization of the constructive state policy in the economic sphere will lead to the stabilization of economic relations; reduce violations of the economic rights granted by the Constitution; increase the trust of public to the state apparatus; increasing the public sense of security by the state. Constitutional acts become the major legal factor in social, state and legal development. The Constitution is a source of the state economic policy; it has the policy character and performs the predictive function. The scholars repeatedly note that there is the necessity to amend the constitutional provisions of the Main Law relating to the economic system, including the allocation of a separate section that has the same name.

In our opinion, the main principles of the economic system of Ukraine that determine the grounds of the state policy in guaranteeing the ownership are the following: legality; equality; priority of human rights; providing the guarantees and protection of these rights by the state; protection of the national economic interests; state’s non-interference in production and economic activity; realization of legal state regulation of economic relations; policy-making. These principles have their normative “embodiment” within the text of certain provisions of the Constitution, which can be related to the principles of the state policy in the area of the ownership: 1) state regulation of the economy; 2) responsibility of the state to the individual and society; 3) state protection of the economic rights; 4) social orientation of the economy.

Conclusions: Thus, the necessity to improve the constitutional regulation of the economic system of Ukraine, development of the effective procedures to prevent and protect against violations of economic rights of citizens, improvement of the mechanism of realizing the economic rights, determine the need to characterize the state policy in the area of the ownership in Ukraine.