LEGAL INSTRUMENTS OF STATE POLICY IN THE SPHERE OF ECONOMIC SECURITY: ADMINISTRATIVE-LEGAL DIMENSION

Abstract

The article examines administrative-legal instruments for ensuring the economic security of the state and their role in influencing economic processes. It is substantiated that the category of “instrument” is universal in nature and is used to denote means of achieving certain goals, however, in the current legislation of Ukraine there is no normative definition of it. It is established that in legal science this category is actively used, in particular within the framework of the theory of administrative law, where the instruments of public administration are considered as forms of exercising the powers of authority of subjects of public administration. The correlation between the economic and legal spheres of social life is analyzed and it is determined that economic processes are based on objective laws, while law has a normative-volitional nature. In this regard, it is substantiated that administrative-legal instruments cannot fully determine the development of the economy, but are capable of exerting a significant regulatory influence on it. Particular attention is paid to the historical experience of applying state administrative instruments, in particular the policy of war communism and the new economic policy, which allows us to assess the scale of the state’s possible influence on economic processes. It is proven that the effectiveness of such influence depends on the consistency of legal decisions with objective economic laws. It is concluded that administrative and legal instruments are an important element of ensuring economic security, but their application requires a scientifically sound approach, clear regulatory consolidation and taking into account the specifics of economic processes. The improvement of relevant instruments should be aimed at increasing the efficiency of public administration and ensuring the economic stability of the state.