Ideas of the great reformers of the state and their echoes in the legal system of Ukraine

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Ideas of the great reformers of the state and their echoes in the legal system of Ukraine

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue

Abstract

The article reveals the key role of the reformation in 1517, which significantly influenced the development of European civilization. It is noted that the most positive motive for the development of the legal thought of this period is the desire to protect human freedom from excessive government. In this regard, explores reformation views of Jan HUS, Martin Luther, John Calvin and others on the secular power and its limits, which have become a powerful impetus to the creation of a civil society, democracy, development, rights and freedoms of the individual. The ideas of the reformation United with a common purpose and value content. First, boldly exposed the abuses of the clergy of the Church than to deny them unlimited power over all men, and even secular authority over, both the material and spiritual sense. Second, proclaimed the right of the people to influence the temporal and spiritual power, which laid the democratic foundations of European civilization. Third, expressed the idea of the superiority of the secular power over the spiritual, however, subject to the approval of secular authorities on the principles of Scripture. Fourth, to set clear boundaries overbearing interference in people’s lives. In particular, the main goal and, consequently, limits the activities of state authorities recognized a natural public good, welfare and human freedom. Fifth, based on the biblical concept of sinfulness of man, the reformists to prevent tyranny argued the need for a deterrent power, in particular by its division into legislative, Executive and judicial (the system was balanced according to the old Testament Prophet Isaiah 33:22). Sixth, the ideas of the reformers concerning the nature of the rulers lay the Foundation of professional ethics of civil servants, based on the principles of the Holy Scriptures – to serve and not to govern) his people above all love. Today, the Ukrainian legislation has incorporated many ideas of the great reformers in this connection the author performed the analysis of some legal acts of Ukraine, in particular, in the field of public service. So, in the Law of Ukraine “On state service in Ukraine” defines the principles of public service, including the rule of law, justice, virtue, equality. The law of Ukraine “On prevention of corruption” specifies the restrictions on the use of official powers and receiving of gifts, contains a number of ethical standards of conduct and way of life of public servants and the like. And according to “General rules of ethical conduct of civil servants and officials of local self-government”, the main purpose of their activity is considered as service to the people of Ukraine, the protection and promoting the rights, freedoms and legitimate interests of man and citizen. As a conclusion it is emphasized that under the influence of the best and most humane of samples of European civilization, which was formed in turn, under the influence of the reformation, Ukraine stands in the way of possible major changes.

Authors and Affiliations

Olena Lvova

Keywords

power state limits of authority rulership reformation freedom Christianity the Church

EP ID EP432476
DOI -
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