The purpose of the system of the state of Ukraine: the content, characteristics and meaning for law enforcement activities Cover Image

Мета системи держави Україна: зміст, характеристики, значення для правоохоронної діяльності
The purpose of the system of the state of Ukraine: the content, characteristics and meaning for law enforcement activities

Author(s): Valery Obolentsev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Criminology
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: purpose of the system of the state of Ukraine; problems in the system of the state of Ukraine; crime prevention;

Summary/Abstract: Based on the system analysis methodology, the article substantiates the goal of the state of Ukraine. Its compliance with the requirements for the goals of system objects is considered. Comments are made on the interpretation of the purpose of the system of state of Ukraine, as set forth in the Constitution and other regulatory acts of Ukrainian legislation. A crucial factor for the proper functioning of the state system of Ukraine is the preliminary determination of its purpose. In any system, the purpose defines the meaning of existence, orientation, content and essence of system processes. The purpose also defines its designation, functions effectiveness criteria and other system chatacteristics. Therefore, in order to improve the work of the state (law enforcement) bodies the substantial analysis of the purpose of the state of Ukraine was defined. The main quality requirements for the purpose of the system are considered: 1) validity; 2) certainty; 3) accessibility; 4) the possibility to determine the degree of the goal achievement; 5) time orientation. As a purpose of the system of the state of Ukraine, we have outlined human rights and freedoms that determine the content and orientation of the state activities. Undoubtedly, human rights and freedoms are a reasonable guideline for systematic state activity in democratic countries. The essence of basic human rights and freedoms is outlined and disclosed in the articles of Paragraph 2 of the Constitution of Ukraine in varying degrees of detailization and in statutory and substatutory normative acts. However, the definition of the categories of “human rights” and “human freedom” has not been disclosed in national legislation. And the total number of human and citizen rights are enshrined in the legislation as the purpose of the system of the state of Ukraine is not known with certainty. The accessibility of the purpose of the system is provided by fulfillment of its functions. For the system of the state of Ukraine as functions can be considered establishment and protection of human rights and freedoms. Such functions are implemented in the activities of national state institutions. The problem is the uncertainty in the legislation of the quantitative and qualitative characteristics of the rights and freedoms of citizens, and therefore - the intermediate and final results of their achievement due to the activity's results of the system of the state of Ukraine. Time orientation means the moment's monotopy by which the desired conditions or results will be achieved. The implementation of this requirement regarding to human rights and freedoms in the system of the state of Ukraine has its own specificity.

  • Issue Year: 2/2019
  • Issue No: 16
  • Page Range: 1-12
  • Page Count: 12
  • Language: Ukrainian