Theoretical and legal aspects of the formation of a national idea in the conditions of transitivity of the Ukrainian society
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The process of formation of different directions of objective scientific analysis of the problems of the theory of state and law is researched; the analysis of the national idea in the transformation processes of cognition of law is conducted. The formation of a national idea is explained by the position of transitivity of society, the law and structural elements of the legal system, with an emphasis on the existence and preservation of Christian-legal traditions in the law as an element of national identity, which is an objective and subjective need for the perfection and development of law, forming legal and functional expediency, reflecting the peculiarities of interpreting the results of the spiritual and practical assimilation of legal reality embodied in the phenomenon of Christian-legal traditions. The emphasis is placed on the fact that the national idea can not be understood without taking into account the special conditions of life of the people during its history. It reflects the deep level of national consciousness, advocates all forms of reflection of a nation (man) over issues of the essence of the national community and the meaning of its existence. The national idea also reflects the totality of value orientations of the nation, the direction of the people’s thinking, the ability to feel and act simultaneously with national interests. The formation of a Ukrainian national idea, based on the principle of the widest possible national consensus, requires a social compromise based on national values and interests: both legal and Christian-legal. It is emphasized that the national idea must be constructive, have realistic goals and rely on effective social technologies to achieve them and mechanisms of social and regulatory regulation of social relations. The national idea as a kind of spiritual state of the people, its mentality, is formed depending on the traditions, as well as legal, and Christianlegal, culture, the whole environment of human existence, and at the same time influences on them, it exists as a source of cultural and historical dynamics of the nation. The national idea is a spiritual catalyst for national renaissance and the highest manifestation of a politicized national consciousness. The main factor in the implementation of the national idea in life is the integral national-state ideology as a kind of consensus of subjects of political activity in relation to key values of society, strategic guidelines for the development of the state. The position of the formation of a national idea, which reflects the deep foundations of the people’s consciousness, is substantiated, is an important factor in integrating the nation around basic legal values, combining its past, present and future, defining national priorities, and acting as a strategic guideline for the development of the state. The basic feature of the Ukrainian national idea should be the interaction between the legal, Christian-legal values and cultural innovations that are traditional for the Ukrainian society, caused by globalization processes. It is thanks to the dialogue between traditions and innovations that will contribute to the constructive synthesis of ideas, strategies, theoretical developments of alternative, and sometimes opposing ideological trends, possible consolidation of Ukrainian society and the establishment of a political nation, further democratic development.
Authors and Affiliations
Iryna Mima
Keywords
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