Constitutional and Administrative Approach to the Concept of State Guarantees in the Sphere of Agriculture

Abstract

The article examines the state guarantee as a general, branch concept. An analysis of scientific opinion regarding the concept of the category of constitutional state guarantees of the rights and freedoms of a person and a citizen has been carried out, because these guarantees are common to all persons, including agribusiness entities. Two approaches to the understanding of state guarantees are defined - administrative and branch. Attention is drawn to the fact that the effectiveness of state guarantees within the administrative approach is manifested through: consolidation of state guarantees that a person needs to realize his rights and freedoms; state guarantees are an optimally adjusted system of public management, which, through administration, control and supervision, realizes the obligations given to the citizen, business entity by the state; a legislative mechanism that, through the interaction of state bodies with the subject of the appeal, regulates the acquisition by a person of the rights provided for by law. According to the sectoral approach, guarantees of the basic rights and freedoms of a person and a citizen constitute a system of norms, principles, conditions and requirements that collectively ensure the observance of the rights and freedoms and legitimate interests of a person by every member of society and state bodies in all areas of law. The opinion is given that within the framework of the study of the state guarantee, as a constitutional definition, the state guarantee of the rights and freedoms of a person and a citizen is an imperative part of the state mechanism for ensuring the rights and freedoms of a person and a citizen through the effective activity of state bodies. It is determined that protection and guarantee are terms used in the current legislation as the same as the content of the state guarantee. It is noted that one of the mechanisms for providing state guarantees in the field of agriculture is regulated by the Law of Ukraine "On the Fund for Partial Guarantee of Credits in Agriculture". It is separately highlighted that the purpose of the Fund for Partial Guarantee of Credits in Agriculture is to provide support to micro-entrepreneurs, small and medium-sized entrepreneurs engaged in agriculture, by partially guaranteeing the fulfillment of the obligations of such entities under credit agreements.