Trends in the development of constitutional law and problems of the transformation of the Constitution of Ukraine in the dimension of constitutional economy

Abstract

The problems of the transformation of the Constitution of Ukraine in the context of the theory and practice of constitutional economics are considered. The problem of constitutionalization of economic relations is studied. The analysis of foreign experience shows that the successful development of the economy depends on the perfection of the mechanism of constitutional and legal regulation of economic and budget-financial relations, as well as the determination of the place and role of the state in the management of economic processes. The role of direct constitutional regulation of economic relations is particularly important. These and other factors determine the need for a conceptual analysis of the economic dimension of constitutional law and the Constitution of Ukraine. It was established that the process of constitutionalization of public property, public finances and other economic relations is connected with a significant expansion of the influence of constitutions on the processes of socioeconomic development of society. It is proved that property, finances, taxes, the budget, the banking system are categories of constitutional law in view of the degree of freedom of the individual and the limits of the powers of institutions of public power in the sphere of economy. The need to allocate separate sections «Public Property» and «Public Finances» in the Constitution of Ukraine is substantiated. According to the author, this will indicate not only the special constitutional significance of the relevant institutions, but also their axiological, synergistic, functional-teleological connection with the principles of the constitutional order. The foreign experience of constitutional economics shows that most constitutions initially regulated financial and economic relations quite fragmentarily. As constitutionalism developed, the constitutionalization of institutions of public property and public finance intensified. Constitutional regulation in this area became over time more and more detailed and branched, and therefore voluminous and functional. In this regard, we draw attention to the need to deepen the detailing of the constitutional regulation of public property and public finances. At the current stage of the development of constitutionalism, this is explained by the effect of the trends of economization and internationalization of constitutional law, which leads to the growth of both the importance and complexity of financial and economic relations and their legal regulation. In this context, the allocation of separate chapters on public property and public finances in the structure of the Constitution of Ukraine will largely reflect the development trends of modern constitutionalism. Key words: constitutional economy, economic constitutionalism, constitutionalization, constitution, public property, public finances, state, human rights, constitutional order, economic functions of the state, fiscal constitutionalism, constitutional regulation, constitutional values, democracy, public power, transformation of legislation.