Institutional capacity of the state and human rights

The article reveals the main parameters of the institutional capacity of the state. The rule of law, as a criterion for the legitimacy of state activity, provides for the methodological implementation of authority decisions in life, which should be based on the fundamental values of human dignity, freedom, equality, separation of powers and democracy. The main methodological approach is synthetic, which is based on interdisciplinary research that combines understanding of law as natural laws and the results of human activity, which determines a certain structure of society and its organization in the state. The private-law mechanism of formulating and recognizing rules and procedures is taking on new significance. In particular, this is manifested in the doctrine of the direct effect of the right of supranational human rights associations that impose negative and positive obligations on the state. The conditionality of the organization of the state by human rights and freedoms is determined through institutions, procedures and rules for restriction of power. For this reason, the state is meant to guarantee economic freedoms, to ensure fair distribution of goods and equal access to them for citizens. Transformation of national sovereignty implies its political and legal component, as well as the transfer of part of the sovereign powers to the supranational level. The criterion for the democratic legitimacy of such a devolution is the quality of human rights protection and the safeguarding of national interests. In light of this, it is necessary to achieve the proper level of symbiosis of humanity with nature, and it is a global issue and requires a fundamental change in the approaches to making authority decisions at all levels of government. This is of particular importance to the current process of globalization as a move towards greater environmental protection, human rights and the realization of a democratic constitutional state. Therefore, the competitiveness of the national economy becomes more important, despite the cyclical nature of economic processes and the existing conflicts between the states. Proceeding from this, various options of embodiment of the European and Euro-Atlantic vectors of integration of Ukraine with the help of adequate constitutional means are revealed