Conflicts and contradictions in the mechanism of interaction between civil society and the state in modern Ukraine
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article investigates the problem of conflict relations of civil society and public author- ities. Are considered essential and substantial characteristics of conflicts and contradictions in the process of interaction between civil society and the state, defined by their role in the context of the stability of the constitutional system and the development of constitutionalism in Ukraine. The constitutional contradictions and conflicts between civil society and the state have specific characteristics. After all, their members are people, local communities, government agencies and local government bodies, public associations, political parties and the opposi- tion. Object and subject, about which there is a conflict, there is human rights and freedom, sovereignty, territory, public authority, functions and competence of public authorities. Therefore, the presence of systemic constitutional contradictions and conflicts threatens the existence of the constitutional system as a whole. On the other hand, this factor reveals that a substantial controversy, which is the source of constitutional development of society and its system (political, economic, spiritual, etc.) primarily political system. When systemic constitutional conflict by understanding the acute form of open confronta- tion in the political and legal cooperation priority subjects of constitutional and legal rela- tions (nation, state, state authorities, local communities), expressed in their actions (inaction) relative to the highest constitutional values (human life, liberty, human rights, power, sover- eignty), their recognition, ensure protection. Typically, the cause of such conflicts is essential contradictions in the system of constitutional order as a result of the relationship of civil soci- ety and the state. Analyzed the root causes of conflicts and contradictions in the functioning of the govern- ment in terms of formation of civil society.
Authors and Affiliations
Oleksandr Batanov
Principles on the Choice of law in international Commercial Contracts as a new way of unifcation in the feld of private international law
The Hague Conference on Private International Law, which, as an organization designed to unify the rules of private international law, for over a hundred years has been developing international treaties on various aspect...
The state, civil society and public life: some aspects of the review
One can hardly deny that today rapidly redistribution of social space between the state and civil society, rather than it is axiomatic position. () The balance of the redistribution largely depends on the quality of our...
M. P. Vasуlenko as the founder of the Ukrainian historical and legal science
The basis of the article posited the author’s report on the special general meeting of the Section of social and humanitarian Sciences of NAS of Ukraine on the occasion of the 150 anniversary of the birth of M. P. Vasуle...
Documentary heritage of the State Center for Ukrainian People’s Republic in exile as a memorial of legal thought
The article is devoted to the study of the documentary heritage of the SC UPR in the exile as a monument of legal thought. An attempt was made to consider the main areas of political and legal thought of public figures a...
The study of views on church law in the works of Petrо Oleksandrovich Lashkarev
A review and analysis of the views of P. A. Lashkarev on church law during his activity at the Kyiv Theological Academy are carried out. Brief biographical information about Professor P. A. Lashkarev is given. Lashkarev...