ПОГЛЯДИ СУЧАСНИХ ЕКОНОМІСТІВ НА ПРАВОВІ ЗАСАДИ ФУНКЦІОНУВАННЯ ДЕРЖАВИ

Abstract

The article clarifies the essence of the views of famous economists of the 20th-21st centuries on the legal basis of the functioning of the state, their views on the law itself, as well as the role of state intervention in the economy. The relevance of such research is that outstanding economists, in addition to contributing to economic theory per se, played an extremely important role in understanding the essence of other socio-humanitarian phenomena, in particular the state and law. This is quite natural, given the close relationship and intertwining of social processes, the obvious influence of the development of some social phenomena on others. Accordingly, certain regularities that can be identified during the study of economic processes are also relevant for the legal basis of the functioning of the state. The interdisciplinary effect makes the research and study of this topic relevant, since the interrelationship of social phenomena and the look at legal constructions from an economic point of view opens up new opportunities for both economists and legal experts, both theorists and practitioners. It is important that economists use the example of real social relations to explain social patterns that provide opportunities for lawyers to improve legal regulation. Economists made a significant contribution to the development of the idea of pluralism, self-regulation, a free and democratic society, the constitution, the theory of democracy and the guarantee of personal freedom. In many ways, thanks to economic teachings, we were able to understand the collapse of the planned economy and totalitarian regimes. In the current conditions, authoritarian and totalitarian leaders, on the other hand, transform their economic models in such a way as to stay in power. The market principles of the functioning of the economy, although they have certain shortcomings, are dominant and basic (fundamental) human rights, both personal and political, are closely related to the idea of economic freedom. As for state intervention, it is considered quite possible, but it must be limited at the same time and not violate the relevant boundaries of individual freedom. For the legal regulation of the foundations of state functioning at the level of constitutions, the main achievements of economic theory are important, in particular, the protection of property rights, the principles of the market economy, freedom, the possibility of judicial protection, antimonopoly mechanisms, as well as the very idea of the separation and limitation of state power.