MODERN APPROACH TO TEMPERORAL-SPACE CHARACTERISTICS OF THE STATE PRIMUS: PHILOSOPHICAL AND LEGAL MEASUREMENT
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the philosophical and legal study of the modern approach to temporal-spatial characteristics of state coercion. It is revealed that today there are many definitions of the concept of state coercion, its separate aspects, but the only definition is still absent; many studies were conducted using a legal approach, and the philosophical and legal approach was not applied. However, in spite of significant developments in this area, there are challenges that need to be addressed. Conditionally, they can be divided into two types: spatial and temporal challenges. The isolation of these challenges enables them to work out recommendations for their overcoming for Ukraine, since both Ukrainian law and its subjects, Ukrainian citizens, have certain features, caused by mentality, historical past, and modern living standards of the population. It is substantiated that the process of humanization of the law is of great significance for the legal approach to the definition of state coercion, since above all it is an attempt to bring the right to a person closer, to help a person to realize his value for everyone. Therefore, we believe that certain areas of Ukrainian law also require some humanization, including the scope of state coercion. As a result of the study, a number of aspects are defined in defining the notion of “state coercion”, among which the following are the main: the principles of a law-governed state are a kind of mechanism for conducting discourse on the notion of state coercion; the achievement of a certain consensus will become possible only in the “perfect language situation”, the conditions of which are the lack of coercion, equality and the implementation of dialogical roles; the value of each person for the state is expressed through the focus on the protection of human rights and freedoms, its individual freedom; the idea of justice is the fundamental idea of the concept of state coercion. The use of state coercion should take place solely for the purpose of restoring justice, ensuring a balance of forces and interests.
Authors and Affiliations
Валерій Іванович Сировацький
Keywords
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