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Vol. 9 No. 5, 2023

This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Unit of Public Law Problems, Research Institute of Public Law, Kyiv, Ukraine
E-mail: valusha.drozd@gmail.com
ORCID: https://orcid.org/0000-0002-7687-7138
2 Donetsk State University of Internal Affairs, Kropyvnytskyi, Ukraine
E-mail: police_14@ukr.net
ORCID: https://orcid.org/0000-0003-2443-7744
3 Donetsk State University of Internal Affairs, Kropyvnytskyi, Ukraine (corresponding author)
E-mail: nazumuch@ukr.net
ORCID: https://orcid.org/0000-0003-4949-4155

DOI: https://doi.org/10.30525/2256-0742/2023-9-5-94-99

LEGAL EFFECTS OF THE UKRAINIAN NATIONAL POLICE  
IN THE FIELD OF ENSURING THE COMPLIANCE WITH 

ECONOMIC RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN
Valentyna Drozd1, Maksym Romanov2, Ehor Nazymko3

Abstract. The aim is to analyse problematic issues related to the legal effect of the activities of the National  
Police of Ukraine in the sphere of ensuring the observance of economic rights and freedoms of a person and 
a citizen. The authors used the following methods: analysis (study of the subject of the article as a complex  
theoretical and legal category), logic (sequential and structured analysis of the topics related to the subject  
of the paper), interpretation (clarification of the legal content of legislative acts), systemic and structural 
(combination of the information obtained on the subject of research and its sequential presentation), etc.  
Results. The authors have established a stable relationship between the activities of the National Police of  
Ukraine and the mechanism for ensuring compliance with the economic rights and freedoms of a person and  
a citizen in a number of forms and segments that make up the national economic system. It was noted that  
the most important thing in the matter of ensuring the functioning of the specified mechanism is the stability  
and universality of legal norms determining the standards and limits of social and legal interaction in this  
sphere. This is because, as the example of the ongoing war unleashed by Russia on the territory of Ukraine 
shows, this destructive factor significantly endangers the functioning sustainability of all, without exception, 
state and social institutions. Practical significance. The corresponding practical component of the study is the 
possibility of using the above-mentioned developments in the legislative and regulatory activities, which are  
systematically implemented taking into account the dynamics of social and legal relations in the conditions of  
the active phase of hostilities on the territory of Ukraine. Value/originality. The authors have proved that the  
modern algorithm of the National Police of Ukraine functioning in the field of ensuring the observance of  
economic rights and freedoms of a man and a citizen is stable, although it is not without a number of  
shortcomings systematically affecting the relevant institution, which is confirmed by statistical data. The role  
and place of individual police units, which in turn directly ensure the functioning of the mechanism for ensuring 
the observance of economic rights and freedoms of a man and a citizen, have been defined.

Key words: law, economics, financial rights, economic stability, armed aggression, martial law, rights and freedoms, 
state, police activity.

JEL Classification: R14, D18, P20

1. Introduction
The issue of ensuring respect for the economic  

rights and freedoms of man and citizen in Ukraine  
and at the international level is quite acute,  
especially in the conditions of rapid escalation of  
armed aggression. For Ukraine personally, as a  
European state, the uncontrolled and daring large- 
scale military aggression of Russia, which began 

on February 24 with the introduction of a colossal  
contingent of troops into the sovereign and  
independent territories of Ukraine, is a serious  
challenge. Subsequently, this international military 
precedent negatively affected the functioning of the 
economic system in general, almost causing its collapse 
or complete shutdown, as well as destructuring the  
procedures and mechanisms for ensuring the  



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observance of economic rights and freedoms of man 
and citizen.

Accordingly, in the authors' opinion, the need to 
analyse the legal consequences of the activities of 
the National Police of Ukraine in the area of ensuring 
the observance of economic rights and freedoms of 
man and citizen is critically important, and this is the  
main purpose of the article. The necessity and  
specificity of the analysis of the outlined issues lies 
in the need to study specialised and narrow topics  
related to the object and subject of the study,  
which are social relations and economic rights in 
ensuring the observance of human and civil rights  
and freedoms, respectively.

The methodology of this study is characterised  
by the extensive use of tools taking into account 
the specifics of the tasks, which, in turn, is reflected  
in the following tools for cognition of scientific  
reality: analysis (study of the activities of the National 
Police of Ukraine to ensure economic rights as 
a complex theoretical and legal category); formal logic 
(for detailed elaboration of ways of reforming the 
principles of ensuring economic rights and freedoms  
of man and citizen); dogmatic method (for interpreting 
the main legal categories and clarifying the conceptual 
and categorical apparatus of the study); description 
(for the general theoretical definition and purely 
legal categories that characterise the institution of 
economic rights and freedoms of man and citizen, 
as well as the legal effect of police functioning in 
this area); interpretationI (explanation of the legal  
content of legislative acts regulating economic rights  
of a person and a citizen, and also the powers of the  
police to ensure them); systemic and structural 
(combination of information obtained about the 
research object and its consistent presentation).

The logic of presentation of the material under  
study consists of the proposed theoretical analysis  
and legal constructions from the general to the local, 
taking into account the peculiarities and subtleties 
of economic and legal relations, law enforcement  
activities and the general direction of the National 
Police of Ukraine as a law enforcement body.

2. Economic Rights and Freedoms  
of Human and Citizen in Ukraine  
as an Object of Protection

The Constitution of Ukraine stipulates that  
Ukrainian citizens have the right to freedom 
of association in political parties and public  
organisations for the purpose of exercising and 
protecting their rights and freedoms and satisfying  
their political, economic, social, cultural and other 
interests, with the exception of restrictions established 
by law in the interests of national security and public 
order, protection of public health or protection of  

the rights and freedoms of other persons (The 
Constitution of Ukraine). Thus, it should be noted 
that the regulation of economic rights and freedoms 
of a person and a citizen is carried out according to 
the principle "everything that is not prohibited is 
allowed", and the only preventive mechanism in this 
connection can only be a clear limitation established  
by the legislation of Ukraine, which is actually 
determined by separate acts of legislation of 
Ukraine, such as the Criminal Code and the Code  
of Administrative Offences of Ukraine.

At the same time, taking into account certain  
content blurring and economic rights essence in 
the national legislation of Ukraine, in authors’ 
opinion, there is a need for the original phenomenon  
additional elaboration, which is proposed to be  
studied not only through the prism of its  
implementation and law enforcement activities 
legal effect, but also taking into account the current 
legal regime of martial law in Ukraine, which has a  
destructive effect on the functioning institution of 
a person and a citizen's rights and freedoms in general, 
and not only in a specific segment.

A number of scientists and researchers note that  
the concept of economic rights and freedoms of 
a person and a citizen in Ukraine is defined as the  
ability of a person and a citizen to possess, use and 
dispose of economic goods, as well as to acquire and 
protect them in the order, limits, forms and in the 
manner provided by the Constitution and legislation 
of Ukraine (Frolov, 2005). Accordingly, the authors 
consider this range of rights to be perhaps the most 
important, since economic rights form the content  
and essence of many fundamental things, such as 
"adequate standard of living", "property", "profit" 
and others, which affect the functioning of society in  
general and of individuals in particular.

Along with this, it should be noted that a number 
of researchers do not distinguish economic rights of 
a citizen into a separate category, but generalise them 
with social rights, forming a mixed category.

A. Kovban, citing international legal instruments, 
points out that socio-economic rights play a major  
role in ensuring the legal status of a person, as is  
clearly stated, for example, in the International 
Covenant on Economic, Social and Cultural Rights, 
adopted in 1966. In addition, the United Nations 
General Assembly, in a resolution of December 4,  
1986, proclaimed the indivisibility and interdepen-
dence of economic, social, cultural, civil and political 
rights. At the same time, the above-mentioned 
international legal act states that "the ideal of 
a free human person, free from fear and need, can be  
realised only by creating conditions under which 
everyone can enjoy equally his economic, social  
and cultural rights, as well as his civil and political 
rights", which may seem internally contradictory  



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when analysing different points of view (Kovban; 
International Covenant on Economic, Social 
and Cultural Rights; Declaration on the Right 
to Development). This, in the authors' opinion,  
highlights the importance of economic rights and 
freedoms of man and citizen in the context of the 
functioning of the rule of law in the absence of 
emergency legal regimes, which, in the context of  
the large-scale war unleashed by Russia on the  
territory of Ukraine, only increases the need for  
close scientific attention to this issue.

The obligation of states in the field of protection 
of socio-economic rights is to carry out progressive 
economic and social reforms, ensure the full 
participation of their people in the process and  
benefits of economic development, and use 
their resources to provide everyone with equal  
opportunities to enjoy these rights. As emphasised 
in Article 7 of the Charter of Economic Rights 
and Duties of States of December 12, 1974, each  
State is responsible for promoting the economic,  
social and cultural development of its people  
(Kovban; Charter of Economic Rights and Duties 
of States). Furthermore, it should be clarified that 
the state, which has undertaken to ensure the full 
range of economic rights, also has the powers 
and responsibilities to combat crime in this area,  
violations of these rights by various actors, regardless  
of the method, after establishing the unlawfulness  
of such an act and depending on its severity.

The Constitution of Ukraine refers to the systems  
of economic rights: the right of everyone to own, use 
and dispose of his/her property and the results of 
his/her intellectual and creative activity; the right to 
use state and municipal property and the property of 
the Ukrainian people (Art. 41); the right to engage 
in business activity (Art. 42), etc. (League 360). 
Accordingly, the spectrum of these rights defined  
by the Constitution of Ukraine correlates with the 
norms of the Code of Administrative Offences 
of Ukraine and the Criminal Code of Ukraine, 
which logically determine the responsibility for the  
violation of these rights depending on the severity, 
manner and other material characteristics of the 
committed offence. This, according to the authors, is 
the main indicator of the legal effect of the National 
Police of Ukraine's activities to ensure the observance  
of economic rights and freedoms of man and citizen.

Scientists systematically present the results of 
sociological studies that confirm the negative 
consequences of the pandemic and the terrible 
consequences of the military invasion of Ukraine, 
demonstrating the losses that will have a long-term 
impact on various aspects of Ukrainians' lives. In 

addition, attention was drawn to the importance of 
humanitarian and charitable international assistance 
to Ukraine (Shumska, Gaidai, Bliznyuk, 2023). 
Accordingly, it should be emphasised that all the  
above has a negative impact both on the economic  
state of social life and on the activity of the National 
Police of Ukraine as a law enforcement subject, 
especially in the sphere of ensuring compliance with 
the economic rights and freedoms of a person and 
a citizen. It should also be noted that the encroachment 
on the state economic system, in the complex and 
systematic form of violation of the economic rights 
of individual citizens (in this case as a result of armed 
aggression), brings the issue of ensuring observance 
of the economic rights and freedoms of a person and 
a citizen to a new, nationwide (nationwide) level.

M. Savchyn rightly asserts, based on the decision 
of the Constitutional Court of Ukraine, that the 
determination of the permissible limits of interference 
in economic processes raises not only traditional 
issues of jurisprudence concerning its legitimacy,  
the permissible limits of restriction of human 
rights, but also issues related to the economic order.  
The state institutional capacity to determine the most 
optimal model of regulation of economic relations  
from the point of view of support and growth 
of business activity and ensuring sustainable  
development of the national economy is also on the 
agenda (Savchyn, 2020)1. Accordingly, the measures 
are aimed at bringing to legal responsibility persons 
who violate the economic rights of individual  
citizens, as well as are an element of the system of 
ensuring the sustainable development of the national 
economy, and have a doctrinal legal influence on 
the relevant circle of legal relations, as they form 
the architecture of secure relations in the economic  
sphere and contribute to the formation of trust and 
mutual obligation (bilaterality) of the relevant relations. 

The European standard of economic and social  
human rights can be considered as the possibility for 
a person to satisfy his/her needs in the economic and 
social sphere of life, enshrined in the relevant regional 
international agreement. Signs of such standards 
are their exemplary character, determination of 
the minimum limit of the standard, its normative 
fixation, sufficient freedom of national discretion in 
its application (Shcherbatyuk, Shevchuk-Klyuzheva).  
The authors believe that this thesis forms a meaningful 
idea and essence of preventive mechanisms in the 
context of promoting the sustainable functioning  
of the legal system of economy and society by the 
National Police of Ukraine and the relevant units  
within its structure which are actually entrusted  
with such a duty.

1 Decisions of the Constitutional Court of Ukraine are available on its official website at: http://ccu.gov.ua/ The number of the decision 
is indicated, its type ("рп" or "р" after a hyphen is a decision, "c" is a conclusion, and after the slash – the year of adoption). KSU decision  
No. 3-рп/2015, 3-рп/2016, 2-рп/2017, 3-рп/2018



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The civilised development of the modern world 

community is based on the establishment of civilised 
rules governing the circulation of property. From 
this point of view, property rights and related non- 
property rights (which have no economic significance, 
but by their nature play an important role in  
ensuring civil circulation) are the most important 
among the social relations that are the subject of civil 
law regulation (Makovii, Kuchuk, Filianina, 2023). 
Accordingly, the above is understood as an axiom, 
a statement not only about the necessity and necessity 
of stable and unimpeded functioning of the system 
of ensuring the observance of economic rights and 
freedoms of a person and a citizen, as well as the  
implementation of prevention in this social and  
legal sphere, which will also contribute to streng- 
thening the principles of legal statehood in this 
segment of legal relations.

3. The Activities of the National Police  
of Ukraine and its Legal Effects  
on the Mechanism of Ensuring the  
Compliance with Economic Rights  
and Freedoms of Human and Citizen

The first argument in providing a description  
of the nature, activity and its legal effect of the  
Ukrainian National Police regarding the ensuring 
observance mechanism of the economic rights 
and freedoms of a person and a citizen is that, to 
date, a number of the Criminal Code of Ukraine  
(hereinafter – CCU) embody protection mechanisms 
and protection of certain aspects of realisation of 
economic rights and freedoms of a person and  
a citizen.

For example, the authors of this paper support the 
opinion of V. Franchuk, which is extremely relevant  
and timely in today's conditions, that against the 
background of general measures to counteract crime, 
there is a group of crimes in the economic sphere,  
which attracts special attention of the world  
community. In accordance with the issues raised, the 
requirements of international legal acts are reflected  
in the following Аrticles of the current criminal 
legislation:
– 199 (production, storage, acquisition, transportation, 
shipment, importation into Ukraine for the purpose 
of use in the sale of goods, sale or sale of counterfeit 
money, government securities in paper form, state 
lottery tickets, excise tax stamps or holographic security 
elements);
– 200 (unlawful actions with transfer documents, 
payment cards and other means of access to bank 
accounts, electronic money, equipment for their 
production); 
– 209 (Legalisation (laundering) of the proceeds of 
crime);

– 209-1 (intentional violation of the requirements of 
legislation in the field of prevention and counteraction 
to legalisation (laundering) of proceeds of crime, 
financing of terrorism and financing of proliferation of 
weapons of mass destruction); 
– 229 (illegal use of a trademark, trade name,  
qualified indication of the origin of goods); 
– 306 (usage of funds derived from illicit trafficking 
in narcotic drugs, psychotropic substances, their 
analogues, precursors, poisonous or potent substances 
or poisonous or potent medicines) of the CCU 
(Franchuk, 2015). 

The authors believe that in the context of the  
active phase of hostilities on the territory of Ukraine  
for the territorial integrity and independence, not  
only these criminal offences, but also a number 
of others related to state security and territorial  
integrity in particular pose a particular threat.  
In addition, in view of the provisions of the  
Criminal Procedure Code of Ukraine on the 
prosecutor's ability to entrust the pre-trial  
investigation to any pre-trial investigation body,  
outside the limits established by CCU Article 
216 (Prosecution), the ability of the National Police  
of Ukraine to conduct pre-trial investigation of this  
range of criminal offences and in the segment of 
operational and investigative measures are open to 
implementation and directly affect the Ukrainian 
economic system and strengthening the institution of 
economic rights and freedoms of a person and a citizen.

Moreover, R. Fyl, for example, notes that post-
industrial countries of the world, having experienced 
serious economic losses due to intellectual property 
crimes, have developed effective countermeasures. 
However, the extension of legal protection to new 
intellectual property requires constant adaptation 
of these strategies to the norms of international 
and national legislation, and also to new ways of  
developing criminal law protection of industrial 
property rights (Fyl, 2017).

At the same time, it should be emphasised that  
the direct legal impact of the National Police of  
Ukraine on the exercise of economic rights and  
freedoms of a person and citizen, in particular in this 
segment, lies in its law enforcement capabilities and 
responsibilities to review applications and reports  
of criminal offences and other events.

Another point to note is that economic relations 
are protected not only by criminal law, but also by 
administrative law, which is clearly enshrined in the 
Code of Administrative Offences and correlates  
with the relevant provisions of the system of 
administrative and legal protection of public relations.

O. Krupytskyi rightly emphasizes that the 
administrative-legal protection of the economy has 
its own normative base, the external expression of  
which are the provisions of the Constitution 



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of Ukraine, several codes, other Ukrainian laws 
and dozens of subordinate normative-legal acts. 
These are implemented by authorised subjects of 
public administration, both general and of special  
competence (Krupytskyі, 2022). Simultaneously, it 
is the criminal law protection of the relevant range  
of legal relations that ensures the proper level of 
observance of human and civil rights and freedoms, 
especially in the economic sphere. In addition, the 
law enforcement aspect of the mechanism of legal 
protection of human and civil rights and freedoms 
and its implementation and, in fact, the effect  
of the activities of the National Police of Ukraine is 
a separate problematic issue.

The practice of law enforcement in the sphere 
of realisation of social and economic rights, as  
V. Kosovych has noted, is connected with the  
difficulties of application of the normative legal 
provisions of the newly adopted normative legal 
acts to the legal relations regulated by other valid  
normative legal acts (if the new normative document 
does not clearly determine its actions) (Kosovych, 
2013). In addition, the practice of law enforcement is 
complicated by the simultaneous recognition of the 
expediency of application of such two legal principles 
of regulation of social relations as the principle of 
supremacy of the law adopted later and the principle  
of supremacy of the norm of a special law  
(Oliynyk, 2020). It is important to pay close  
attention to how Ukrainian legislation is applied 
during both the pre-trial investigation and the trial. 
This has a significant impact on law enforcement 
and the gathering of evidence in criminal  
proceedings.

For example, V. Franchuk notes that after analysing 
244 guilty verdicts, it was found that the most  
common punishment for economic crimes is 
a fine (49%), the amount of which mostly reaches the  
lower limit (73%) of the sanction. Among those 
sentenced to imprisonment for a fixed term,  
14% actually serve their sentence. In view of this,  
it is inappropriate to specify a certain period of time  
in the sanction of the article on imprisonment, and 
therefore it is necessary to introduce a fine as the  
main punishment for economic crimes (Franchuk, 
2015). According to the authors, such a position 
may have a predominantly positive impact on the  
content and scope of legal consequences of the  
National Police of Ukraine's activities in the course 
of exercising its powers in the area of criminal  
proceedings and administrative activities. This 
will inevitably lead not only to the protection and  
defence of human and civil rights and freedoms  
in the economic sphere, but will also strengthen 
the State financial and economic infrastructure and  
enable the development of the relevant segment of 
social and legal relations.

4. Suggestions and Recommendations
According to the analysed data results, it is  

necessary to form the position that the strengthening 
of the economic system of Ukraine as a result  
of the activities of the National Police of Ukraine is 
possible in the way making the processes of pre-trial 
investigation of criminal offences in the economic 
sphere more efficient, if such number of acts,  
provided by the CCU, has been included.

Undoubtedly, it would have a positive effect on the 
law enforcement mechanism and the content and 
essence, as well as the legal scale of the activities of 
the National Police of Ukraine on the mechanism 
of ensuring compliance with the economic rights 
and freedoms of a person and a citizen. First of all, 
it is necessary to emphasize the changes introduced 
into the CCU in terms of reformatting sanctions for  
crimes committed against the state economic system 
and the economic rights and freedoms of individual 
citizens in the format of a sanction-penalty policy, 
restrictions on the right to travel freely outside the  
state territory, and the obligation to compensate both 
the actual damage and the amount of moral damage.

A separate issue, according to the authors, is to 
strengthen the institutional capacity of the National 
Police of Ukraine to respond to and conduct pre-
trial investigations of a separate category of crimes in 
the field of economic relations. This applies to both  
those that actually fall within the competence 
(jurisdiction) of the police and those where it  
belongs to other pre-trial investigation bodies  
(in terms of involving operational units in this  
process to conduct investigative (detective) actions  
on behalf of these entities (investigators, detectives).

In addition, given the broad functionality of the 
National Police of Ukraine, the legal impact of the 
National Police of Ukraine on the mechanism of  
ensuring the observance of economic rights and 
freedoms of man and citizen also includes educational 
(anti-fraud) work with individuals and legal entities, 
which is a preventive police activity.

5. Conclusions
The theoretical and legal analysis constructions,  

which are the content of the legal effect of the activities 
of the National Police of Ukraine regarding the 
observance of the economic rights and freedoms of 
a man and a citizen, made it possible to form an idea  
that the economic rights and freedoms of a man and 
a citizen are protected both by the Constitution of 
Ukraine and other national legislation, the lion's  
share of which is the CCU.

The system of economic rights in Ukraine is based  
on the definition of the principles of the relevant 
institution in the national legislation, which directly 
determines the capabilities of a person and a citizen 



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in the sphere of material goods use (mostly includes  
the principles of production, distribution and exchange).

The specific features of the functioning of the  
National Police of Ukraine and the legal consequences 
of this process are strengthening the state's ability 
to ensure the observance of economic rights and  
freedoms of man and citizen by preventing relevant 
unlawful acts, and also by conducting certain forms 
of educational work. In this context, the main task of  
the police is to bring to administrative responsibility 
and combat crime in the economic sphere.

The legal effect of ensuring the observance  
of economic rights and freedoms of a human  
and a citizen by the National Police of Ukraine  
consists in the practice of bringing to legal  
responsibility persons who violate economic 
rights defined by the Ukrainian legislation. This 
creates conditions for promoting their observance  
(provides prevention), and also promotes the 
restoration of already violated rights (directly or,  
more often, indirectly, since the authorised body  
is the court).

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Received on: 13th of October, 2023
Accepted on: 29th of November, 2023
Published on: 28th of December, 2023