CONSTITUTIONAL AND LEGAL REGULATION OF ECONOMIC AND POLITICAL ACTIVITY OF CITIZENS

Abstract

Background. By implementing legal regulation of civil society institutions, the state has a significant impact on the development of civil society itself. It is obvious that insufficient legal regulation of civil society institutions negatively affects the state provision and protection of human rights, as well as the maintenance of law and order. At the same time, excessive regulation restricts the initiative and freedom of activity of citizens, which leads to suppression of the development of civil society. This implies the need to find an optimal model for the appropriate legal regulation of institutions. Civil society, being a self-organizing system, will not automatically become stronger and more effective with the adoption of additional laws. The strengthening of legal regulation of civil society institutions observed in recent years, through the adoption of a large number of laws that expand such regulation, has led to a number of additional prohibitions, obligations, restrictions, as well as increased responsibility for their violations, affecting all civil society institutions. In this regard, the justification and proportionality of the established prohibitions, obligations and restrictions to the constitutionally significant goals need to be considered from the point of view of both constitutional theory and practical application. Materials and methods. The research used a set of methods of scientific legal research: the method of analysis and synthesis, comparative legal formal legal, logical. Results. The research has shown that the development and functioning of civil society are not fully understood at the moment. Conclusions. Thus, the author points out the lack of a unified view on the nature and range of civil society institutions, the controversial proposals of many legal experts in the field of civil society regulation, as well as the current scope and nature of legal regulation of its institutions. Having analyzed the legislation and practice of regulating the economic and political spheres, we note the current excessive legislative regulation, as well as excessive state control of economic activity, in the author’s opinion, with the provision of broad discretionary powers to the law enforcement officer.

Keywords

• constitution
• civil society
• citizens
• regulation
• nature of civil society