Is not the freedom a daughter but a mother of order? Is the republic positive anarchy? Is anarchy an extremely destructive phenomenon? Does Ukrainian civil society have any common features with anarchic society? The author attempts to answer these questions in the article. To achieve this goal, the author analyzed a huge layer of information, consisting of both well-known sources (Laozi, Immanuel Kant, Petro Kropotkin) and local, little-known sources. The author even had to look for information among the articles of propaganda journalists from authoritarian countries, for whom democratic institutions and the thirst for freedom are simply a sound for which silencing could be well earned. As it turned out, finding such information was quite easy. The article is devoted to the study of the existence of civil society in state entities with anarchic legal regime. In the work much attention is paid to the functioning of state bodies on the territory of Ukraine in public centers that have signs of anarchism. Recent legal and historical studies of Ukrainian anarchism have been analyzed in the paper, opinions of famous scientists and philosophers of different times have been investigated, as well as significant differences in understanding of anarchy in the context of its coexistence with accepted state institutions. It should be emphasized separately that in the article the proposed political and social model is not declared as potentially the best, but it does rethink some of the phenomena that have become special for every citizen of Ukraine. There is a clear and objective view in the work that allows us to analyze different historical stages of state formation of Ukraine somewhat different from the conventional ideas about anarchism and its possible destructive influence. The author carefully identifies the hidden common features of anarchism, with well-known events. It is no secret that the wealth of Ukrainian freedom is ignited every time, after another attempt to usurp power by a dictator, corrupt officials, or after an attempt by another state to intervene militarily in the internal problems of Ukrainians. The author's position deserves attention, especially given the lack of interest of domestic scientists in the study of anarchism and its possible positive consequences. Keywords: anarchism, civil society, democracy, state, legal regime
This article was studied the сonstitutional norms for civil society, which, in the author's view, should be the doctrinal basis for its functioning. The question arises because of the critical need of society in legal and political movements for a European model of relations between the state and the citizen, the urgency is determined not only by the author’s personal convictions, but also by the unstable situation inside the Ukrainian politics, according to which only anti-democratic pseudosocial post-Soviet movements have unity and one point of view. In such conditions, the uncertainty of the Basic Law does not leave an opportunity to develop new, more effective legal norms that could increase the effectiveness of civil society. The scientific basis for this article were the works of V. Batanov, A. Krusyan, N. Onishchenko, T. Podorozhna, S. Petkov, O. Skripniuk, S. Sunegin, Y. Shemshuchenko. The aim of the work is to study the possible instruments of constitutional influence to achieve the ultimate goal of each democratic and legal state - building an effective civil society with a self-regulatory function. The analysis of the real situation inside the country shows that the level of efficiency of civil society is currently critically low. Indicators of this are the following negative socio-legal phenomena: - legal and political nihilism; - the dependence of the media on the so-called "tycoons"; - a small number of non-state entities of legal relations (organizations, foundations, unions, associations, federations, consumer societies, etc.) especially in sparsely populated rural areas; - low level of labor protection and social guarantees; - ineffective financing of political movements, parties and youth party cells; - low level of civil self-identification in certain regions of the country; - ineffective distribution of financial resources to state monopolies, which are unprofitable to preserve employment. This article provides possible ways of overcoming problems which can positively affect the further development of interaction between society and the state with an integrated approach to their implementation and strike a balance between state influence and civil pressure, the purpose of which is to ensure a decent level of protection of the rights, freedoms and interests of citizens.
The article highlights the legal gaps of “recognition” of the state, the existing mechanism, which is based on customary international law and is not uniform and universal. In the context of a multi-year war on different fronts against the Russian Federation, the issues of formation of states and their “recognition” become all over the world, since the political will of the internal elites and support of the population does not play such a significant role in these processes as the position of the world leaders, who are still on our side, although it was not always and it will not always be. In the article it was given a definition of the concept of «state creation» – it is a phenomenon that domestic scientists have used to consider in narrow and broad meaning. It should be emphasized separately that the importance of the issue is also conditioned by the fact that certain so-called people’s republics have already received their legal “recognition”, however, only from a narrow circle of undeveloped countries with manual control from Russian side, in addition, the world’s trends toward globalization and the search for real or imaginary, uttered strata of society can hide the bowls of terrorists not in favor of a unitary Ukraine. International norms have been studied, such as the Statute of the Organization of American States, the views of prominent domestic scientists. In particular, it is pointed out at certain contradictions of the “recognition” of the party in a war, which also “non-recognition” of the states and governments that conduct aggressive policy. The evolution of international customs regarding recognition theory was also highlighted as a result of the liberalization of the world and of the sympathy of small peoples and nationalities without a state. The possible future problem of recognition of so-called puppet republics on the territory of Ukraine against the background of military aggression of the Russian Federation is analyzed. Special attention is paid to finding solutions to key problems that make it impossible to have a single recognition approach, and thus can put international actors in an unequal legal position before each other. Special attention was paid to current situation when only political will partly forms the rules of the game and the attitude of the international establishment to one or another state, and the law is inferior to the regulator of public relations to the interests of a certain number of people. Clear ways to overcome obstacles that hinder the effective functioning of the recognition institute have been identified. Steps have been proposed that may partially neutralize the shortcomings of the current situation. The historical parallels, which testify to the incongruence of the Institute of Recognition, its stagnation and its diligence, are given. Key words: a recognition, a state-building, a quasi-state, an international legal capacity, an international custom, a policy of aggression
The article presents a theoretical generalization and the task of revealing the content of the process of formation of civilsociety in modern conditions, and determination of the essence and modern functions of civil society on their basis are presented in the article. The article contains an analysis of the concept of civil society taking into account the modern interpretation. Highlighted problems of formation and development of civil society through the prism of the need for the existence of such a society to ensure Ukraine as a democratic, social, legal state are highlighted. Ways of formation of a civil society according to the undertaken duty of the state before citizens concerning development of the country on the European rails are offered. Keywords: civil society, public administration, state management, state, mechanisms.
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