Methodological Problems of Interaction of the State and Civil Society in Modern Ukraine
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
Development of civil society and the democratic, constitutional, social state in Ukraine methodologically staticizes researches of the new phenomena in interaction of civil society with the state, scientific judgment of this problem. The problem cannot be solved by denial for state institutes of the right to influence civil society as without the strong and capable government it is impossible to provide the principles of supremacy of law and worthy existence of members of society. Also it is impossible to limit the rights of people to formation of associations as institutes of civil society which shall protect the democratic, constitutional, social state. The correct way of mutually agreed development of the state and society is forming of two functional systems, first of which is urged to create the mechanisms interfering transformation of democracy, and together with it and the constitutional state on “the despotism of the majority”, and the second – to provide the possibility of participation of all citizens in activity of institutes of civil society. The key problem which exists today concerns directly the ratio of concepts of civil society and the state. The society and the state experience radical transformations today. The analysis of interrelation of the constitutional state and civil society allows to draw the conclusion that civil society as type of the social organization is created for protection of the rights and freedoms of the members. In these conditions the unique partner of civil society is the modern state – democratic, legal and social. Non-compliance with its such basic principles by the state as the priority of human rights and the citizen, restriction of the government, legality, supremacy of law, the constitution, providing to citizens of the state of worthy level of existence does not mean disappearance of civil society. But in such conditions are considerably transformed the maintenance of system of interrelations and relationship between the state and civil society. In turn, political and legal absolutization of the power of civil society is capable to generate the condition of the permanent imbalance and the disbalance in one and all political processes, to influence directly development of legislative and law-making activity in the state. Civil society is capable to create illusion and the tendency according to the solution of all problems, neglecting public or nation-wide interests which generate instability in political and legal life of the state. Under such circumstances activity of the state will move away from society. Despite all importance civil society owing to a number of objective circumstances cannot replace with itself the constitutional, social state which shall guarantee to all members of civil society certain specific rights. The analysis of interaction between the democratic, constitutional, social state and society causes fixing of regulations that the interrelation between them shall be defined as dialectic synthesis: civil society needs existence of the democratic, constitutional, social state as premises, at the same time only the developed civil society, broad and active involvement of masses in state and political processes does possible creation of the democratic, constitutional, social state, is the basis of stability, the democratic legal regime, the strong authoritative government and guarantee of the state tranquility. Civil society creates the state, and not vice versa. Therefore the state is part of civil society, institute of implementation of the public power and the mechanism of safety, welfare, legal protection of the rights and freedoms of citizens. Civil society and the state correspond as whole and part as the organism and the mechanism. Declaration and creation of the independent state testify to the maturity of civil society, understanding by citizens of the community of the political interests, the legal rights and duties. Therefore it is impossible to speak about lack of civil society in the presence of its parts, including the state. In Ukraine during Revolyutsiya Hidnosti society returned itself those functions which were appropriated by the state.
Authors and Affiliations
Yurii Shemshuchenko, Olexandr Skripnyuk
Keywords
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