In the dissertation the complex analysis of concepts of the constitutional economy which was born and developed, first of all, within the limits of the economic theory, first of all the theory of the property right and the theory of a public choice is carried out.
It is argued that the constitutional economy can be considered in different areas, including as a scientific field and as a phenomenon of objective reality.
It is formulated that the legal doctrine of the constitutional economy is in the process of formation.
It is established that the purpose of the constitutional economy is to assess the compliance of state and legal policy with the values and principles enshrined in national constitutions, ie to assess the level of balance of private and public interest, the proportionality of state intervention in the real economy.
It was found that it is expedient to distinguish two basic economic systems - liberal and social (social).
It is proposed to consider the concept of liberal economic model as the quintessence of pragmatic utilitarianism, common sense, centuries of experience and achievements of philosophical, political, economic and legal thought of the XVII-XVIII centuries.
Constitutions as certain legal models of economy are analyzed. It was found that in terms of constitutional modeling of economic policies and practices, ie legal qualifications, constitutions today under the influence of globalization and integration processes have signs of syntheticity and hybridity.
It is proved that at the present stage of human development it is important to assess the effectiveness of the implementation of such large-scale restrictions that occur in 2020-2021, in terms of economic and social risks.
The necessity of further comprehension and clarification of the categorical apparatus of the constitutional economy, in particular such concepts as democratic constitutionalism, the West-centric constitutional paradigm and the constitutional democracy of the socialist type, is substantiated.
It is noted that the essence of the constitutional economy can be revealed through the relationship of its subjects. The content and nature of this relationship reflects the specifics of the economic, political and legal system of each country.
The important role of the state as a key subject of public-private partnership in the economic sphere is highlighted.
In the aspect of constitutional economy and public-private partnership, the place of the judicial system is determined.
The author's definition of the interaction of public and private subjects of economic relations is proposed, which is proposed to mean such a relationship, the subject of which is their mutual influence in order to ensure economic growth and guarantee and ensure economic constitutional rights and freedoms.
The problem of government interference in the sphere of economic rights and freedoms and business activities in the aspect of observance of constitutional guarantees, which has become relevant in recent years in connection with the coronavirus pandemic in the world, is analyzed, specific examples of such interference are revealed. In this regard, the doctrine of public order is analyzed, and new scientific trends are identified, which consist in distinguishing two equivalent categories: tangible and intangible public order. The author's approach from the standpoint of the constitutional economy to the issue of determining the balance between the guarantee of constitutional human rights and freedoms and the interests of the state in a broad sense is formulated.
The reasons and historical preconditions for the emergence of public-private partnership in the world, the purpose and purpose of such a partnership are studied. The key features of the Ukrainian legislation regulating the procedures and content of public-private partnership are revealed, attention is paid to the shortcomings and unresolved issues that require further improvement of legislative regulation.
