As rightly it was noted by Avakian T., the
subjects of State policy, โusually contribute to
the most civilized and effective solution of
practically significant tasks of the society, ensure
the reliability and the stability of the relations
that are arisen between them, thereby increasing
the value and the role of some Law, its potential
in preventing conflicts, and the interaction of
such subjects as โthe objects, which is a
prerequisite for solving organizational and
management issues of various levels of
complexityโ (Avakyan, 2015, p. 38).
The object of State policy in the context of the
investigated problem is a person and a citizen โ
their constitutional rights and freedoms; a society
โ its spiritual, moral and ethical, cultural,
historical, intellectual and material values,
informational and environmental environment
and natural resources; the state โ its
constitutional system, sovereignty, territorial
integrity and inviolability.
The lack of legislative consolidation of decisions
having been made by an authorized body of State
power regarding to the formation of a system of
targeted measures to solve certain social
problems, satisfy public needs, ensure state
security and protect national interests, or deals
with the adoption or implementation of such
decisions by subjects not authorized by the law,
which can be attributed to state policy and its
implementation.
A mandatory condition for the formation of
effective State policy is compliance with its
constitutional principles. The constitution, which
defines the goals of the State and the values of
national interests, is the core of the determination
of the State policy to ensure State security and
the mechanisms for its practical implementation.
A number of scientists pay a great attention to the
defining role and the place of the Constitution in
the formation and implementation of State
policy. Thus, in particular, Gladunyak I. claims
that the constitution โwith real legal acts turns
into one of the decisive factors of social and
state-legal development. In this sense the
interpretation of the Constitution as a source of
State policy cannot be disputed. Moreover, the
Constitution appears not only as one of the most
possible factors of the influence on state policy,
but as its fundamental basis and decisive factor,
without which democratic foundations
disappear. And without a focus on democracy, it
already begins to serve not the interests of the
society as a whole, but exclusively the interests
of certain clans, political groups or individual
politiciansโ. The scientist also believes that any
โconstitution always carries a certain prognostic
and axiological element that allows predicting
the future direction of State development, and
accordingly, State policyโ (Gladunyak, 2007).
The lack of a systematic vision of the goals and
tasks of State power, as well as a real analysis of
existing problems in the country and a scientific
approach to their solution based on legal
grounds, gradually leads to the separation of
State policy from the constitutional basis and
turns it from general means of ensuring public
needs into a mechanism for serving certain
political parties, oligarchs or criminal groups.
This constitutes one of the most important
problems in modern Ukraine, obstacles to the
democratization of its political system and the
mechanism of State management in the sphere of
ensuring National Security. In this case, the
observation of Dzevelyuk M. emphasizes that a
retrospective analysis of State policy proves the
existence of a considerable number of examples
of wrong policies โ the arbitrary one, anti-people
policy, shadowy one, which led to negative
consequences, which are in a great degree
suffering and provide human sacrifices
(Dzevelyuk, 2016, p. 24).
At the same time, comparing the state of
systematization and consistency of
implementation of State policy in certain spheres,
weโll note that the greatest number of problems
nowadays are encountered precisely in the sphere
of political regulation. State policy in this area
has an exclusively situational nature, which
sometimes contradicts the Constitution. This can
be evidenced in particular by the repeated
postponement of the Verkhovna Radaโs adoption
of the Law about the opposition, which activity
is one of the basic political rights guaranteed by
the Constitution (Gladunyak, 2007).
From the point of view of the Constitution, in our
opinion, it is the decision of the Council of
National Security and Defense of Ukraine we
mean the application of sanctions to some
citizens of Ukraine and the closure of some mass
media is also controversial.
Policy mistakes are worse than the crime because
the consequences can have reverse effects for
millions of people. At the same time, the most
effective, wise, realistic policy is a prerequisite
for the prosperity and well-being of the nation,
stability in the society and the effective
implementation of State functions (Dzevelyuk,
2016, p. 24).