scholarly journals CIVIL SOCIETY IN UKRAINE: THORNY PATH OF CREATION

2020 ◽  
pp. 147-156
Author(s):  
Yevhen Tsokur

Problem of the creation of civil society institutions is actual and requested. Ukrainian society is in a search state of optimum model of existence and communication with the state and power from the moment of independence acquisition. A few attempts of building of effective institutions of civil society in Ukraine failed. However the search continues. Own and world experience inspires the Ukrainian people on creation of own way to the real democracy cherished in dreams. Research of formation and development of civil society at the national level is not only extremely important, but also vital in the context of world legitimation processes. Essence of civil society is in structural opposition to power, public control over its activities. Civil society is the initiator of power delegitimation and it is also is an indicator of gaining legitimacy by the authorities. One of functions of civil society is to non-admit, and better prevent coming to power potentially illegitimate power institutes and establishment of the illegitimate regimes. Civil society can give birth on the «barricades» of fight against illegitimate power and to disappear after defeat in this fight, or to degrade under the pressure of external and internal contradictions. A task of civil society is not only society mobilization on a fight against the illegitimate regime but also consolidation of society with the aim of further effective state formation.

2013 ◽  
pp. 135-142
Author(s):  
Yuriy Kovtun

The processes of reform and crisis phenomena in the Ukrainian society at the end of the XX - the beginning of the XXI century suggest that a stable ideological and theoretical foundation is lacking for the stable functioning of the modern Ukrainian state and the formation of civil society. On the basis of this, the state-building concepts of the prominent Ukrainian thinkers of the 20th century become very important. The personal place among them is the creative heritage of Vyacheslav Lypynsky, who, despite the dominant socialist approaches to the transformation of Ukrainian society at that time, advocated an alternative conservative-monastic idea of ​​state-building in Ukraine.


2019 ◽  
Vol 27 ◽  
pp. 126
Author(s):  
Hang Minh Le

How has education for refugees been shaped by broader dynamics of educational privatization? This paper argues that the invoking of the ‘refugee crisis’ narrative has been a crucial force in facilitating the privatization of this sector. The urgency of crisis helps to naturalize private actors’ participation in refugees’ education as equal partners to host governments, multilateral agencies, and civil society. Consistent with Stephen Ball’s (2012) distinction between privatization in and of education, the privatization of refugee education also advances through two dimensions: the creation of a new space – a new ‘market’ – for private actors, and the infusion of market and business principles such as ‘innovation’ into all aspects of education. The crisis narrative has created a new ‘horizon of taken-for-granted’ (Hall, 1993), where it is simply natural that private actors must participate in the assumption of the traditional responsibilities of the state in providing education for refugees. 


2020 ◽  
pp. 185-204
Author(s):  
D. Hugh Whittaker ◽  
Timothy J. Sturgeon ◽  
Toshie Okita ◽  
Tianbiao Zhu

Is the developmental state dead, superseded by the liberal or competition state, a servant of markets, or has it evolved to fit changing geopolitical, economic, and technological circumstances? In affirming the latter, we first consider the national level, then extend our scope to consider decentralization, local developmentalism, and multilevel governance. Relatedly, we examine ‘smart cities’ (or ‘fast cities’) in China and India, which embody many of the processes and tensions of compressed development. Finally, we return to the notion of ‘embedded autonomy’ in state–civil society relations. Compression heightens two paradoxes of the developmental state and raises the importance of the state interacting with a wider range of civil society actors, in addition to business, to address its simultaneous challenges.


2017 ◽  
Vol 54 (2) ◽  
pp. 179-196 ◽  
Author(s):  
Madeleine C Pill

Abstract Philanthropic foundations have become increasingly important actors in the governance of cities in decline in the United States. The relationships between foundation and other actors within city governance are illuminated via contrasting interpretations of state-society power relationships which highlight the mutability of ‘civil society’ as an oppositional or integrated part of the state. After detailing a typology of philanthropy of place, the twofold role played by foundations in the governance of neighbourhood revitalization in the cities in which they are embedded is explored: not only as an important source of funding and support for neighbourhood-based organizations, but as contributors to the creation of neighbourhood revitalization policy agendas. Considering the cities of Baltimore and Cleveland reveals that the policy approaches adopted have tended to align with the predominant neoliberal policy agenda rather than revealing foundation actors as activists who assist the organizations they support in exerting agency to contest or seek to transform the prevailing hegemony. This makes clear the need for rigour in defining what constitutes civil society, and points to the importance of embedded philanthropic practices in enabling civil society agency.


1911 ◽  
Vol 5 ◽  
pp. 63-88 ◽  
Author(s):  
J. Neville Figgis

I think it was Lord Halsbury, in the Scotch Church case, who stopped one of the advocates in his use of the word Church, saying that they as a Court had nothing to do with that, and that they could only consider the question as one concerning a trust. In other words, with a religious society as such they could not deal, but only with a trust or a registered company. This is only one instance of a fact exhibited in the whole of that case: namely, the refusal of the legal mind of our day to consider even the possibility of societies possessing an inherent, self-developing life apart from such definite powers as the State, or the individuals founding the body under State authority, have conferred upon them explicitly. In this view, apart from the State, the real society—and from individuals the living members of the State—there are no active social unities; all other apparent communal unities are directly or indirectly delegations, either of State powers or of individuals. To such a view the notion is abhorrent of a vast hierarchy of interrelated societies, each alive, each personal, owing to the State loyalty, and by it checked or assisted in their action no less than are private individuals, but no more deriving their existence from Government concession than does the individual or the family. In other words, these phrases of Lord Halsbury are but the natural expression of the concession theory of corporate life which sees it as a fictitious personality, the creation by the State for its own purposes, and consequently without any natural or inherent powers of its own. This theory is not so universally accepted as was once the case, but Professor Geldart's inaugural lecture on ‘Legal Personality’ shows how great are the obstacles still to be encountered by that theory of realism which is for most of us associated with the name of Gierke, and was popularised by Maitland. The latter, moreover, has shewn how this very English institution of the trust has preserved us from the worse perils of the rigid doctrinaire conception of the civilian. For under the name of a trust many of the qualities of true personality have been able to develop unmolested. But this has not been all to the good. It has probably delayed the victory of the true conception, by enabling us to ‘muddle through’ with the false one. Moreover, the trust is and assimilates itself always rather to the Anstalt or the Stiftung than to the living communal society, the true corporation, with its basis in the Genossenschaft; and consequently, as was proved in this Scotch case, the necessary independence of a self-developing personality is denied to it, and its acts are treated as invalid on this very ground—that it is only a trust tied rigidly to its establishing terms, and not a true society with a living will and power of change.


Oleksandr Perederii, Evgen Grygorenko The evolution of the normative foundations of Ukraine's European integration at the present stage of state formation The article presents and reveals the main tendencies of evolution of the normative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions. The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge. Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. The primary for Ukraine is the calculation of the foresight of the political, legal and socio-economic development of Ukrainian society and the generation of normative constructions for the efficiency of the respective processes. Therefore, the practical task of national legal science is to develop scientific proposals for further development of the normative foundations of European integration of Ukraine, taking into account the requirements of time and expectations of Ukrainian society. Key words: Ukraine, European Union, European integration, legislation, Constitution of Ukraine, Association Agreement, legal system.


2019 ◽  
Vol 22 (6) ◽  
pp. 69-77
Author(s):  
Н. Ю. Кравченко

Organizational culture is interpreted as a component of social management; the basic integralcharacteristic of which is an ordered system of values, representations, beliefs and normative patterns ofbehavior that provides optimal internal integration and external adaptation of an organization or socialinstitution. It is proved that public and non-governmental organizations act as voluntary associations ofcitizens aimed at achieving socially significant goals, realizing their own and collective needs withoutprofit, indicating the existence of a certain or ganizational structure.Transparent society is associated with the notion of democratic transit, which can be defined as apolitical process taking place in the existing legal state of the state and accompanied by a break in theinstitutes of the emerging political regime, the establishment and strengthening of a broad network ofdemocratic institutions of civil society and the strengthening of democratic functions of state powerstructures. Institutions of civil society in a transitive society are more adaptable to social transformations,creating the foundation for the formation of a democratic syste m of social governance.The structural components of organizational culture of the public sector of society are singled out:1) societal components (identity, archetypes of the leader); 2) value-normative components (values,organizational values and norms); 3) organizational and managerial components of organizational culture(style of management in the organization, structure of communication, socio-psychological climate). On the basis of the results of the sociological survey structural and informative features of organizationalculture in the public sector of Ukrainian society in the condit ions of democratic transit were revealed:1) in the measurement of societal components - the domination of social identity against the backdropof the strengthening of societal identity, the dominance of the creative functional in the archetype ofthe leader; 2) in the value-normative dimension - a relatively integrated value system, an orientationto the human resource and quality, the moral-psychological and communicative basis of social norms;3) in the measurement of organizational and managerial relations - the democratic and situational style ofmanagement, the average level of openness of information flows, positive socio-psychological climate.It has been determined that the development of civil society is an indicator of the democratic natureof social governance in the state, although it has certain differences in the possibilities of identifying,participating in the adoption of management decisions and their control in various sectors of society: thestate (especially in the field of management), commercial and private. Thus, democratic organizationalculture reflects the value-normative system of organizational-managerial relations of a democratic type ofsocial governance.


Author(s):  
H. Dzyana ◽  
R. Dzyanyy

Problem setting. The rapid development of modern society requires the creation of new forms of cooperation and mutual understanding and requires new forms of communication, which will be characterized by even greater efficiency, openness, transparency, efficiency and quality. The total penetration of communication into all spheres of public life actualizes its significance and functional role. Modern transformational processes taking place in society necessitate the creation of responsible institutions of civil society, which include public organizations that act as a mediator between the community and the state. The level of public trust in them depends on the effectiveness of communicative activities of NGOs because successful communication is the basis of constructive dialogue between public organizations and society. Recent research and publications analysis. Ukrainian scientists study various aspects of the activity of NGOs, in particular, the development of mass and civil communication, public relations are studied in their works of such domestic scientists as: E. Afonin, V. Bebyk, M. Bilynska, O. Valevskyi, T. Vasilevskaya, N. Hrytsyak, N. Hudyma, V. Hurkovskyi, O. Dmytrenko, L. Klymanska, M. Lohunova, D. Nelipa, I. Panteleichuk, O. Petroye, G. Pocheptsov, O. Pukhkal, V. Rebkalo , V. Rizun, E. Romanenko, A. Savkov, S. Seryogin, G. Sytnyk, S. Teleshun, I. Chaplai and others. Highlighting previously unsettled parts of the general problem. Understanding the general features and trends of the development of public organizations, as well as the establishment of their effective internal and external communicative activity, require more detailed consideration and detailed study. The paper aims at theoretically substantiating the tools for ensuring the effectiveness of communicative activities of NGOs as a basis for open and rational dialogue in a consolidated society. Paper main body. The issue of improving the communicative interaction of public organizations with government bodies and the media does not disappear from the agenda of either government agencies or public associations. The effectiveness of communication of public organizations in Ukraine depends primarily on the literacy of their communication campaigns, which implies the presence in NGOs of communication strategies, which involve high-level professionals with many years of practical experience. Today, the participation of Ukrainians in the social movement and the trust in the institutions of the third sector and their influence on the development of society and community are growing. The results of the study showed that the efficiency of communicative activities of NGOs directly depends on public confidence in them. Social networks are a unique platform for consolidating different groups of actors based on the commonality of their interests, and as a result of communicative interaction, there is a large-scale synergetic effect. This way of showing civic activity can be considered the most efficient and widespread. The article considers the advantages and risks of the use of social networks by public organizations in the communicative activity of the public sector, outlines several rules of communication in social networks for public organizations. The article states that the effectiveness of communication of NGOs also depends on cooperation with journalists and the choice of audience. The quality of feedback and the level of public trust in NGOs depend on the ability to convey relevant information to the audience in a timely and high-quality manner. We should not underestimate the growing role of public organizations in the consolidation of society, a necessary condition for which is the creation of a single information space. National consolidation will be successful when the state policy in this area is complemented by the activities of civil society institutions, their effective internal and external communication activities. In our opinion, there is a necessity to establish consolidated communication as a process of multifaceted communication within society through various communication channels and tools to strengthen, unite, integrate and pull together society to form a common coherent approach to solving societal problems. Conclusions of the research and prospects for further studies. Effective NGOs, as an element of civil society, are the catalyst for its development. Every NGO, since its inception, seeks to plan its activities in such a way as to achieve its goals in the shortest possible time, to become known, to influence public opinion. This area is an important factor that affects the necessity for communicative interaction between the state and civil society. Among the tools for ensuring the efficiency of communicative activity of NGOs, we consider it appropriate to name: the presence of feedback and the level of public confidence in them; literacy of public communication campaigns; correct use of social networks in the communicative activity of the public sector; establishing active cooperation with journalists; definition of the target audience; use of modern communication formats; selection of communication channels that correspond to the target audience; establishing consolidated communication. Further research in this direction should be aimed, in particular, at an in-depth studying of consolidated communication as a major factor in the consolidation of Ukrainian society.


2019 ◽  
Vol 13 (1) ◽  
pp. 26-30
Author(s):  
Andrii Коbetіak

The article deals with the problem of the current jurisdictional division of Ukrainian Orthodoxy into three main branches. During the years of independence, our crew never received a long-awaited religious reconciliation. Today, Ukraine is one of the largest Orthodox countries in the world. Since 1991, Orthodox churches, which are different in their jurisdiction, operate in parallel, and they are not mutually recognized and opposed to each other. Having a common Volodymyr christening and being the same or similar in content, they differ in their own institutionalization in Ukrainian society. The process and conditions of historical formation and the moment of occurrence are analyzed; universal and all-Orthodox recognition; institutionalization as a socially important element; modern development; distribution and transformation during the years of independence of the parish network of each of the Orthodox churches represented in Ukraine. It has been established that the canonical recognition of the newly formed Orthodox Church of Ukraine will contribute to the consolidation of the Ukrainian nation and the strengthening of the independence of the state. This is extremely important for the formation of a new civil society in Ukraine. Moreover, the new united church is one of the indispensable elements of the establishment of Ukrainian statehood and its weight in the international arena. At the same time, there are a number of unresolved issues. In itself, Tomos did not combine all branches of Orthodoxy into a single church at this time. Problems of simony, dominance of the episcopate in comparison with priests, Sodom sin, super-luxurious bishop's life, church extortion, low level of general and spiritual education of the majority of clergy, lack of official employment of the clergy, extracurricular profitable activity of clergy and others remain unsolved. At the beginning of 2019, the jurisdictional separation continues. The pro-Russian church in the vast majority of dioceses and parishes does not participate in the process of association. Only the beginning of the CSP as a legal entity and its official registration have begun. Delegates are expected to be nominated and the first Organizing Synod of the newly formed church structure is to be convened. It is important to declare its existence, but to achieve its recognition by all the local churches of the world without a real and complete unification of the currently divided Orthodox churches in Ukraine will be difficult. Therefore, the in-depth analysis of the jurisdictional division of Ukrainian Orthodoxy in its historical section will give an opportunity to explain as much as possible the essence and reasons for the distinction for their possible elimination and further unification.


Author(s):  
Agnese Reine

The biggest changes and challenges in the employment relationship in the last six months, especially regarding the provision of personal data processing, are related to the spread of the Covid-19 virus and measures to limit its spread. Globally, the situation developed faster; at the national level, however, starting from the moment when the Cabinet of Ministers Order No 103 of 12 March 2020 On Declaring a State of Emergency was issued in Latvia [1]. At the national level, the necessary restrictive measures to limit the spread of the virus and reduce the risk of disease were analysed. Although the spread of this virus and the legal consequences of the restrictions can be linked to medical issues, the state of emergency also had a major impact on employment relations. When the state of emergency was declared, employers had to evaluate the nature of their business and the possibilities of its realisation when employees perform work remotely. During this assessment, employers were initially divided into two categories – employers whose business specifics do not allow employees to work remotely and those employers who are able to ensure business continuity for employees performing work partially or completely remotely. The purpose of this article is to analyse legality of personal data processing by performing work remotely, respectively studying both employer’s responsibilities for processing employees’ personal data to ensure control over employee’s performance and employees responsibilities for personal data processing. Pēdējā pusgadā lielākās izmaiņas un izaicinājumi darba tiesiskajās attiecībās tieši attiecībā uz personas datu apstrādes nodrošināšanu ir saistīti ar Covid-19 vīrusa izplatību un tā izplatības ierobežošanas pasākumiem. Globāli situācija attīstījās jau agrāk, bet nacionālajā līmenī – sākot ar brīdi, kad Latvijā tika izdots Ministru kabineta 2020. gada 12. marta rīkojums Nr. 103 “Par ārkārtējās situācijas izsludināšanu”. Valstiskā līmenī tika analizēti nepieciešamie ierobežojošie pasākumi, lai ierobežotu vīrusa izplatību un samazinātu saslimstības riskus. Lai arī pirmšķietami šī vīrusa izplatība un ierobežojumu tiesiskās sekas ir saistāmas ar medicīniska rakstura jautājumiem, valstī izsludinātā ārkārtējā situācija radīja lielu ietekmi arī uz darba tiesiskajām attiecībām. Līdzko tika izsludināta ārkārtējā situācija, darba devējiem bija jāizvērtē sava biznesa būtība un tā realizēšanas iespējas, ja darbinieki veic darbu attālināti. Veicot šādu izvērtējumu, sākotnēji darba devēji iedalījās divās kategorijās – bija darba devēji, kuru biznesa specifika nesniedz iespēju darbiniekiem veikt darbu attālināti, un darba devēji, kuri spēj nodrošināt biznesa nepārtrauktību, darbiniekiem veicot darbu daļēji vai pilnībā attālināti. Šī raksta mērķis ir analizēt personas datu apstrādes tiesiskuma nodrošināšanu gadījumā, ja darbinieks veic darbu attālināti, attiecīgi analizējot gan darba devēja pienākumus, apstrādājot darbinieku personas datus, lai nodrošinātu darbinieka veiktā darba izpildes kontroli, gan darbinieka pienākumus attiecībā uz darba pienākumu ietvaros veikto personas datu apstrādi.


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