Horbachenko O. Models of institutional provision of external functions of Ukraine and Hungary in the context of constitutional and legal approaches to their expression

DOI: 10.33098/2078-6670.2022.14.26.8-18

Purpose. The main goal of this scientific article is the issue of models of institutional support of external functions of Ukraine and Hungary in the context of constitutional and legal approaches to their separation. The issue of the external environment of Ukraine has been and is an urgent issue of all times. The external position of Ukraine during the times of different helmsmen for most of the history of independence was a place of throwing from the West to the East, or rather de jure the path to the West, de facto to the East. A full-scale war in Ukraine causes huge human, economic and cultural losses. Life was divided into “before the war” and “in the war”. All this pushes Ukraine to the starting point of reference, where after the end of this agony-propaganda “military operation” there will be a period of great reconstruction and punishment of the guilty within the framework of international law. Method. The methodology involves the analysis of available scientific and theoretical materials and the formation of recommendations that meet the requirements of the time. Methods. Scientific knowledge is a complex and contradictory process and at the same time the highest level of cognitive activity. The methodology of scientific knowledge is a specific historical phenomenon. Philosophical methodology combines all general scientific methods into three large groups. The first includes: observation, comparison. To the second: idealization. To the third: analysis and synthesis, induction and deduction, abstraction, and modeling. In this article, we widely use all three groups of methods. In addition, we highlight the historical method of learning in the context of recalling the events of 2008 by Russia in relation to Georgia. Results. The purpose of each state, its directions of functioning, success, neglect, and limits of implementation can be vividly considered today under the prism of its external functions. The issue of state functions remains one of the key issues in the theory and practice of state formation. They play an important role in the implementation of state policy, because without influencing this or that phenomenon of social relations, the state is unable to solve the tasks set before it and achieve the set goals. Comprehensive implementation of state policy is a guarantee of a peaceful and safe existence and further development of the entire society. Research on the issue of distinguishing models of institutional support has not been studied in the territory of Ukraine and is not sufficiently researched in the territory of Hungary. In this scientific article, we try to consider models of institutional support under the prism of forms of implementation, which, in our opinion, adequately reveals the essence of legislative and theoretical approaches and distinguishes the practical inclination of such activities. In the theory of the state and law of both Ukraine and Hungary, there are different approaches to distinguishing approaches to forms of implementation, however, due to the relation to the republican type of both states, we find their similarities, which is quite convenient in the case of implementing experience, often at the stage of inculcating the borrowed experience. Scientific novelty. The modern world is currently experiencing difficult times in the conditions of global shifts and transformations, which entails a few consequences to which many states, as well as international law itself, are not adapted. Ukrainian scientific literature practically does not comprehensively investigate the issue of renewing international legal functioning, which is an extremely urgent issue both in general and for Ukraine in particular, which has embarked on the path of radically renewing its international functional wardrobe. That is why we conduct research in the context of models of institutional provision of external functions to develop the most relevant recommendations for updating the situation today. Practical significance. The results of this study can be the basis for further research in this theoretical and legal direction and during lectures and seminars on the disciplines “Theory and History of the State and Law” and “International Law”. 

Key words: Ukraine, Hungary, models, institutional support, constitutional and legal approaches, external functions.

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