Юридичне конструювання поняття державної політики в загальнотеоретичній юриспруденції
The issues of state policy research became the subject of scientific research by representatives of many branches of scientific knowledge, including legal ones. At the same time, the issue of the legal construction of the concept of state policy is still controversial and requires a more thorough disclosure. For this reason, the purpose of the article is to provide a complex analysis of the legal construction of the concept of state policy from the perspective of the general theory of law. To achieve this goal, the researchers have identified a number of relevant tasks, namely: to analyse the existing doctrinal approaches to the definition of the concepts of politics and state policy; to characterise the variability of normative definitions of state policy based on current Ukrainian legislation; to identify the components of the legal structure of state policy which are affect to the process of its formation and further actual realization. Accordingly, in the article the author has analysed the existing definitions of the concept of policy, and found that some authors have based their interpretation on the construction of state regulation. The author examines the concept of state policy and distinguishes three scientific approaches to its interpretation (the first – the leading role belongs to the state; the second – the leading role belongs to society; the third – combined, according to which the priority components are determined by the factor of state regulation in the context of ensuring the needs and interests of social subjects). Separately, the authors focus on the existence of a variety of normative construction of the concept of state policy under the current legislation, the classification of which was based on the criterion of the sphere of social life, in particular, the authors analyzed the spheres of culture, customs, maritime and regional affairs, technical policy in the agro-industrial complex, and regulatory policy in the field of economic activity. It is determined that the process of constructing and further realisation of the state policy is influenced by its various constituent elements, namely: the subject composition (including public and private law institutions), the regulatory framework (which provides for the possibility of its formation and further realisation) and the material support which helps to achieve the goal of the state policy set out in legislation.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-03-14
- Primary Topic
- Education and Social Development in Ukraine
- Type
- article
- Field-Weighted Citation Impact
- 0.00