LEGAL MECHANISM FOR THE ORGANIZATION AND FUNCTIONING OF THE MODERN UKRAINIAN STATE

Abstract

Our scientific research provides a comprehensive theoretical and legal analysis of the legal mechanism for the organization and functioning of the modern Ukrainian state in the context of public administration transformation and ongoing crisis challenges related to the state of war, which objectively increases the requirements for the legitimacy of public authority, the stability of state institutions, and the ability to guarantee human rights and freedoms. We have substantively justified the methodological expediency of a systematic approach to the category of a mechanism as an internally organized system of interrelated elements, within which normative, institutional, and procedural components are in stable relationships and aimed at achieving socially significant results. The study defines the legal mechanism for the organization and functioning of the state as an integrated, internally consistent regulatory, institutional, and procedural system that encompasses a set of legal norms, principles, organizational structures, and legally regulated procedures that ensure the constitutionally established organization of public authority and its functioning in accordance with the requirements of the rule of law and legality. This mechanism is aimed at ensuring that public authorities exercise their powers exclusively within the limits of their competence as enshrined in the Constitution and laws of Ukraine, at ensuring the coordination of the activities of state authorities and local selfgovernment bodies, and at ensuring the continuity of public functions in normal and crisis conditions, which is a necessaryмprerequisite for the stability of public administration. At the same time, its essential feature is the guarantee of human rights and freedoms through appropriate legal and procedural guarantees, mechanisms of accountability, control, and appeal, since it is the reality and protection of human rights that are considered a key criterion for the legitimacy of state activity and the effectiveness of a modern democratic, legal state. In addition, the study analyzes the conditions for the effectiveness of the legal mechanism for the organization and functioning of the modern Ukrainian state and concludes that its effectiveness is ensured precisely by a combination of three interrelated prerequisites, which include normative stability and the quality of legislation as the basis for legal certainty and predictability of public administration, the practical effectiveness of law enforcement as a factor in the real implementation of legal provisions in the activities of public authorities, as well as the procedural and guarantee capacity of these institutions to ensure legality, accountability, and effective protection of human rights and freedoms through appropriate procedures for control, review and appeal of administrative decisions, which ultimately ensures institutional stability and the continuity of the functioning of Ukraine as a democratic, law-based state, even in crisis situations.