The State Interests and the Responsibility of the State: some issues of interrelation

Abstract

The matter of the responsibility of the state is of core importance in view of the modern legal system. The effective implementation of the responsibility of the state serves as a safeguard for securing a rule of law principle, the respect for human rights: absent such implementation these principles would be rendered nugatory.
 The state responsibility has evolved during the Ukraine’s move forward to the democratic, rule of law based nation. The country’s acceding to the international law instruments in the area of human rights protection, such as the European Convention and bilateral investment treaties has also contributed to the process of strengthening of the responsibility of the state.
 Currently the state’s responsibility is governed by the significant segment of the domestic as well as the international law and is capable of effectuated both through the national judiciary and international courts and tribunals.
 The matter of the responsibility of the state is closely interrelated with the issue of the state’s interests implementation. The interests of the state are recognized both in the law and in the theory. The effective implementation of such interests, e,g, of those related to securing the national sovereignty, law and order, territorial integrity, due functioning of the state machinery etc. is an objective necessity.
 At the same time the state, when implementing its interests, often has to restrict, limit, interfere with other social interests, e,g. those of private persons, social groups, civil society and the private rights. The measures implemented by the state on the legislative, governmental or judicial level aimed at implementation of the state’s interests result on many occasions in the conflict between the respective state interests and those affected by such measures. This situation is capable of giving rise to the state held responsible for the violation of the undertaking in the area of human rights protection from the domestic or international law perspective.
 Against the above background the state is to be said to be justified in implementing the measures restricting or interfering with the private, collective, social interests where such measures pursue not only the interest of the state, but collaterally the public interest. Thus the state interest, in order to justify the state’s above measures should be a public in nature and be of general social value.