Constitutional foundations of preventive financial security measures

Abstract

The purpose of the article is to comprehensively study the constitutional principles and define the limits of prevention of financial offences through the prism of their application to prevent violations of human rights and freedoms. In particular, to clarify their content, role and significance in ensuring financial security. In addition, the aim of the study is to develop theoretical aspects for improving financial control measures and combining them with constitutional and legal regulation in Ukraine.

The study used general scientific methods and a specialised legal and methodological approach, including formal legal and comparative legal methods, as well as methods of synthesis and interpretation of norms.

The relevance of the study is determined by the growing scale of financial risks in conditions of economic instability and reform of public administration. Modern manifestations of the shadow economy, corruption, money laundering, and terrorist financing significantly affect the state's economy and threaten national security. In these conditions, it is particularly important to develop a system for preventing financial offences, which should be based on clearly defined constitutional principles.

A special place is given to ensuring the legislative priority of preventive measures over countermeasures, which recognizes the constitutional principle of positive obligations of the state. The prevention mechanism must be properly defined and systematized by law, without which it is impossible to create a single generalized regulatory framework. It is important to define the principles on which the financial security system is based, in particular the protection of the interests of society, the state, and citizens, the priority of prevention over counteraction, the inevitability and proportionality of punishment or measures of influence, etc.

The study of the general principles of preventive measures for financial security makes it possible to determine that prevention is one of the main areas of activity in the financial security system, which is aimed at preventing risks in order to ensure the economic stability of the state. The study reflects the disclosure and analysis of the essence of constitutional and legal principles, as well as their role in the country's legal system for creating a system of checks and balances to prevent abuse of power by state authorities at the legislative level, in addition to financial offences.

Thus, studying constitutional and legal principles makes it possible to build a modern democratic society that respects human rights and freedoms, even when taking measures to prevent offences. It is on the basis of general principles that a legal environment is created in which human rights are respected, both in the context of the negative obligation to refrain from interference and the positive obligation to ensure the safe functioning of the country's financial component. Therefore, the study and interpretation of fundamental principles is important for adapting the state's legislative framework to the challenges of today.