scholarly journals State crisis: concepts and classification

2020 ◽  
Vol 2 (2) ◽  
pp. 42-49
Author(s):  
Oleksandr Taldykin
Keyword(s):  
State Power ◽  
State Regulation ◽  
The State ◽  
State Sovereignty ◽  
Political Regime ◽  
Political Crisis ◽  
Ruling Elite ◽  
Territorial Integrity ◽  
Economic Formation

The article deals with the concept and signs of state crisis. The classification of state crises according to different criteria is presented. The state, as a political and territorial organization of society, is a complex system of various elements that function in interrelationship and interdependence and must serve the interests of civil society. Of course, if such a state is ideally related to it, society, it functions to meet its needs. The failure of one part of a complex multilevel State mechanism will inevitably have negative and sometimes irreversible consequences for other elements, which in itself will already be an indicator of certain crisis phenomena. What is a crisis of the State and what is its classification, in our view, these very issues are extremely relevant to the theory of the State and are the subject of our consideration. The crisis of the state is a destructive state of the state mechanism, due to the improper functioning of which antagonistic contradictions in the society aggravate, conflicts are formed, which the state can overcome or solve without a positive transformation, which in turn can threaten the state sovereignty and territorial integrity, and eventually can lead to its destruction. The main signs of the state crisis are: – destructive effects on the State itself and society as a whole; – the exacerbation of numerous conflict situations in various areas of society; – the failure of quality public administration; – contradiction between the state and society, between the ruling elite and the people, between different segments of the population; – a real threat to State sovereignty and territorial integrity; – the rebirth, transformation or destruction of statehood. By temporal criterion, a state crisis can be divided into: short-term (acute), prolonged (long-term), permanent (chronic). By the scale of coverage of certain state institutions and spheres of state regulation it is necessary to determine: microcrisis, mesocrisis, macrocrisis, mega-crisis. By subjects of coverage, these are a crisis of the state mechanism, a crisis of the state apparatus, a crisis of individual state organisations, a crisis of state resources, a crisis of individual branches of power. According to the political aspects of coverage, the crisis of the state is divided into: crisis of ruling elites, crisis of opposition forces, which in its turn can be divided into: crisis of radical opposition; crisis of moderate opposition; crisis of legal opposition and crisis of illegal opposition. Such a feature as legitimacy of the state power gives grounds to speak about: crisis of a legitimate state and crisis of an illegitimate state. The question of legal justification of the state power, its compliance with legal norms, which is a sign of its legitimacy, gives the necessity to determine: crisis of the legal state and crisis of the illegal state. A significant indicator of the definition of crisis phenomena in a State is the degree to which they are predictable. According to such criterion it is possible to define: not an assumed crisis of the State, an assumed crisis of the State, a controlled crisis of the State. According to the expected consequences of a crisis phenomenon in the State, emphasis should be placed on a destructive crisis, a potential crisis and a transformational crisis. Special attention should be paid to the study of classification of the crisis of the state according to the social and economic formation: crisis of the slave state, crisis of the feudal state, crisis of the capitalist state, crisis of the socialist state. Conflicts in society and the formation of conflicts in the state may be connected with the pressing need to change the form of state governance: crisis of monarchies and crisis of republics. Depending on the form of the state (territorial) system, the crisis of simple (unitary) states and the crisis of complex states, primarily empires, can be distinguished. Classification of state crises where the criterion is this or that form of state political regime seems quite justified: the crisis of anti-democratic states, the crisis of democratic states. In the areas of dominant coverage (manifestation) of crisis phenomena: economic crisis, social crisis, political crisis, religious crisis of the state, information crisis of the state.

scholarly journals AN INSTITUTIONAL APPROACH TO THE ANALYSIS OF KLEPTOCRATIC ECONOMY IN THE CONTEXT OF EUROPEANIZATION

2019 ◽  
Vol 5 (4) ◽  
pp. 203
Author(s):  
Robert Pustoviit ◽  
Oleg Kuklin ◽  
Mykhailo Kryvoruchko
Keyword(s):  
Property Rights ◽  
Transaction Costs ◽  
Political Violence ◽  
The State ◽  
Market Mechanism ◽  
Ruling Elite ◽  
Methodological Basis ◽  
The Government ◽  
The One ◽  
Economic Formation

Relevance. Kleptocratic economy, as an institutional system, is oriented towards a key function that involves gaining wealth by the ruling elite through the introduction of non-market transaction costs for companies and households, which is based on administrative, bureaucratic, and political violence. For this purpose, the kleptocratic states create such systems of state institutional management that give the authorities the possibility of rent-oriented behaviour, which impedes the functioning of the real sector of the economy and encourages the shadow one. Under such circumstances, transaction costs are redirected to administrative intervention into the market mechanism, rather than aimed at increasing its efficiency; property rights are not clearly specified; the level of uncertainty about rules and norms of economic behaviour increases, and the motivational system of business activity is distorted. As a result, on the one hand, inefficient allocation of resources and slow economic growth (decline) are observed, and on the other hand, there is the redistribution of income in favour of the ruling elite and its excessive enrichment, that is detrimental to the welfare of the majority of the population. The aim of the article is to analyse the political-economic formation of a kleptocratic basis, which in the future transforms the state and its economy into kleptocratic formations; defining ways of counteraction and institutional capacity for transformations in the direction of Ukraine’s aspirations for European integration. Methodological basis. The methodological basis of the research is the work of domestic and foreign scientists in the field of institutionalism and kleptocratic economy. The models of the development of a kleptocratic state and the influence of kleptocratic factors on the socio-economic processes in the country have been studied with the application of the method of analysis, systematization, and generalization. Results. It is determined that in order to liquidate the grounds of kleptocratic economy, it is of primary necessity to eliminate institutional obstacles that interfere with the unification of the legal and shadow sectors of the economy and ensure their institutional formalization. This requires the introduction of effective ways of restraining the ruling elite in order to restrict corruption abuses of the government and its close reigning coalition with special privileges and bureaucracies and form an institutional structure, in which firms and households have clearly defined property rights and also have the possibility to protect contractual rights provided by formal institutes. Particular attention should be paid to the ways of civil society’s monitoring the state information policy and methods of adopting laws, which is, the institutional foundation that guarantees the openness of information as to the actions of government institutions. According to the results of the study, definite measures are proposed, the implementation of which will ensure the opportunities for Europeanization, particularly in Ukraine. The emphasis is placed on the fact that the important factors of counteracting the kleptocratic economy are the wage reform and the “transparent” selection of employees in the public administration sector on the basis of their professional qualities only.

scholarly journals RELIABILITAS KETENTUAN LAHAN FAKTOR PRODUKSI PERTANIAN UU RI NOMOR 5 TAHUN 1960 TENTANG POKOK-POKOK AGRARIA DALAM ZAMAN KONTEMPORER

to-ra ◽  
2019 ◽  
Vol 1 (3) ◽  
pp. 215
Author(s):  
Manuasa Saragi
Keyword(s):  
State Power ◽  
State Regulation ◽  
The State ◽  
Production Factor ◽  
Basic Need ◽  
Adat Law

Legislation No.5 Year 1960 about Agrarian promises to treat the land for fulfilling basic need and pros- perity improvement of nationals, and also build nation (energy) power. The State of Indonesia has authority to do many such planning, using and determining the distribution of land for pursuing the greatest wealthy to individually and collectively, and building the nation and state power. Indonesia citizen can have a right to land determined by state regulation or derived from adat law. Factually, the land tends to accumulate in the hand of conglomerates, causes the chance of individually using the sufficient land to be hindered. In this rese- arch, the provisions about farming production factor was researched in legal normative method with question ‘in what extend the provision of production factor of farming in legislation could be realized’. The result of the research, the provision itself not much implementing, one of causes is that the provision not so strong enough for selfcompleting its task. One policy to redistributing land in accordance with more fair manner should be done/considered immediately by government to heal the condition.Kata Kunci: Realibilitas, Ketentuan lahan produksi, Hak perorangan atas tanah; ketentuan faktor produksi pertanian; kemakmuran sebesar-besarnya.

scholarly journals Crises of political development in Ukraine: causes and content

2021 ◽  
pp. 33-61
Author(s):  
Galyna Zelenko ◽  
Keyword(s):  
Social Stratification ◽  
Political Development ◽  
Well Being ◽  
The State ◽  
Political Life ◽  
Political Regime ◽  
Ruling Class ◽  
Negative Effects ◽  
Ruling Elite ◽  
Low Efficiency

Crises of political development are inherent in countries transitioning from an authoritarian to a democratic regime. In contrast to political crises, crises of political development are inherent in transit societies. Usually they have much deeper and more fundamental reasons related to the quality of the authoritarian political regime, the nature of the transformational changes and are much longer lasting. Іn this article author analyzes the crises of political development that are manifested in Ukraine during the transformation of the political regime. The crises of political development include the crisis of identity, distribution, participation, penetration and legitimacy. The crisis of identity characterizes the disintegration of ideals and values that dominated in political culture of the previous period; the crisis of distribution lies in the inability of the ruling elite to ensure socially acceptable growth of material well-being and its distribution, which causes social stratification and is a constant source of socio-political conflicts; the crisis of penetration is conditioned in the reduced ability of public authorities to perform the functions inherent in the state, which complicates the implementation of reforms and governance; the crisis of participation is conditioned through the creation of artificial barriers by the ruling class for the inclusion in political life of groups claiming power or passivity of society, as a result of which unconventional forms of political participation begin to prevail; the crisis of legitimacy is conditioned in the low efficiency of the constitutional model of power organization and arises as a result of inconsistency of goals and values of the ruling regime with the ideas of the majority of citizens about the rules of just government. The combination of these crises creates a crisis syndrome of modernization and hinders the development of the state in general. In conclusions the author formulates the institutional tools which can reduce the negative effects of crises of political development. Key words: crisis of political development, crisis of identity, crisis of distribution, crisis of participation, crisis of penetration, crisis of legitimacy, financial-industrial groups, political institutionalization, political regime.

scholarly journals The State in a Globalization: The Context of Transformation

2020 ◽  
Vol 11 (11) ◽  
pp. 84-90
Author(s):  
Balaklytskyi A.
Keyword(s):  
State Government ◽  
Rapid Development ◽  
State Power ◽  
Specific Model ◽  
The State ◽  
Political Regime ◽  
The Political ◽  
Practical Implementation ◽  
Modern State ◽  
Public Authorities

The article on the theoretical level explores the peculiarities of the transformation of the nation state in conditions of globalization in the context of contemporary realities. It is emphasized that globalization with varying strengths and intensities, that is, has uneven effects on the state and its components. In particular, if we take the form of the state, which includes the form of government, the form of state administrative-and-territorial system and political regime, then, given the empirical material of recent decades, we can conclude that globalization has a significant impact primarily on a political regime that is increasingly transformed towards the democratization and liberalization of public life. At the same time, globalization exerts less influence on such constituent forms of the state as the form of state government and the form of state administrative-and-territorial system, which is conditioned, among other things, by the specific nature of the latter. In particular, in the conditions of globalization, the form of state government of a modern state is transformed primarily in the context of the dynamics of the functioning of the system of higher power institutions in the state, and not in the context of a specific way of existence and expression of the system of supreme bodies of state power. At the same time, globalization affects on the development of democratic foundations of the organization and functioning of the system of public authorities, contributing to ensuring the practical implementation of the rule of law, regardless of the specific model of government (monarchy or republic), whose presence in the state is associated with a certain historical tradition of its development and level of its perception in the mass consciousness in society. Influencing on the form of state administrative-and-territorial system, globalization facilitates processes of regionalization as a complex process of redistribution of administrative powers between the state and its administrative-territorial units, as a result of which new governmental and institutional forms are gradually being formed, corresponding to the new role of regional state formations in the decision-making process at national and supranational levels. In addition, in the context of globalization, the democratic model of the political regime acquires special features related to the formation and functioning of supranational institutions and associations, within which the political domination of nation-states gradually moves to a new level, the ultimate stage of which is global governance. Also, globalization not only causes the corresponding transformations of the content of the traditional functions of the state, in particular, economic, political, social, etc., but also creates the appropriate prerequisites for the rapid development of new functions, the content of which previously had no independent meaning and was considered mainly as an integral part of some other function of the state (for example, the environmental and information functions of the modern state). Thus, it is concluded that the transformation of the state in the conditions of globalization is systemic and, at the same time, contradictory, because, on the one hand, it manifests itself both at the level of all its constituent elements of its form and at the level of the dynamics of its concrete activity within certain temporal and spatial limits (functions of the state), and on the other – it intensifies the multi-vector processes and even the tendencies of development of both individual constituents of the form of the state (for example, the form of the state administrative-and-territorial system) and the functions of the state, in particular, economic and social. Keywords: state, globalization, form of the state, functions of the state, political regime, democracy, state power

The Failure of the Regime or the Demise of the State?

2018 ◽  
Vol 50 (2) ◽  
pp. 328-332
Author(s):  
Rabab El-Mahdi
Keyword(s):  
Political System ◽  
The State ◽  
Symbolic Power ◽  
Political Regime ◽  
Perceived Threat ◽  
Ruling Elite ◽  
Arab Region ◽  
Official Discourse ◽  
And Shifts ◽  
Governing Institutions

In English the terms “political system” and “political regime” are used to distinguish different constructs. The first was initially developed by behavioralists such as David Easton and Gabriel Almond to replace the older, institutionalist term, the “state”; the second typically designates the arrangements for producing a government. In Arabic, though, the words “system” and “regime” both translate asniẓām. This piece argues that when millions of citizens across the Arab region came out in 2011 chantingal-shaʿb yurīd isqāṭ al-niẓām, those chants marked a critical juncture in a long process reflecting the end of not just the existing regimes, but also the states as we knew them. Whether defined in terms of governing institutions and capabilities, as Lisa Anderson, Ellen Lust, and Ariel Ahram do, or in terms of discourse, imagination, and symbolic power, as Ellis Goldberg and Charles Tripp do, the state was withering away long before the uprising. Concomitantly, the heightened levels of repression and shifts within official discourse by the changing ruling elite after the uprisings signal a perceived threat to the state itself, and not just to a particular regime. And while this piece focuses on Egypt, unlike some of the other contributions in this collection, I argue that the nation-state, as a conceptual and material construct, is being challenged.

scholarly journals Administrative coercion in enforcement proceedings

2021 ◽  
pp. 56-62
Author(s):  
N. N. Bakurova
Keyword(s):  
Public Administration ◽  
State Power ◽  
General Concept ◽  
The State ◽  
Public Authority ◽  
The Real ◽  
State Coercion ◽  
Administrative Proceedings

The article examines administrative coercion in enforcement proceedings as a legal phenomenon. The author considers it, firstly, as one of the types of state coercion, and secondly, as a kind of administrative coercion, and comes to the conclusion that enforcement proceedings are inseparable from administrative coercion by their nature. Both elements that make up the general concept under study are generated by the state, are necessary for the exercise of state power, the achievement of a publicly significant goal. This goal is determined by the actual enforcement proceedings as a necessary specific type of activity aimed at completing the cycle of jurisdictional proceedings: in cases of administrative offenses, civil, arbitration, administrative proceedings, and others, to solve its tasks. In enforcement proceedings, only its combination with administrative coercion can achieve the goal of public authority, to achieve the real execution of the act of a jurisdictional body, an official. In addition, administrative coercion is a method of public administration, an effective tool with which enforcement proceedings are carried out. The article also presents the author’s classification of types of administrative coercion in enforcement proceedings, and raises the problem of improving the legislation on it.

CONCEPT OF STATE SOVEREIGNTY IN INTERNATIONAL LAW

2017 ◽  
pp. 85-96
Author(s):  
V. Kubalskiy
Keyword(s):  
International Law ◽  
International Crime ◽  
National Level ◽  
The State ◽  
International Criminal Law ◽  
State Sovereignty ◽  
Territorial Integrity ◽  
Legal Subject ◽  
Sovereign Equality ◽  
Special Value

In the article is studied of concept ≪state sovereignty≫, his international legal properties and features of conception of state sovereignty in an international law on the modern stage. The special value undertaken a study acquires in connection with a loss Ukraine of sovereignty above separate parts of territory of Ukraine. Given the international legal acts, which contain legal opinion of the events of 2014 in Crimea. The legal envisaged concept of state sovereignty is absent in an international law formally. The analysis of doctrine approaches of lawyers-specialists in international law is conducted to the concept ≪state sovereignty≫. The analysis of legal literature witnessed, that a concept ≪state sovereignty≫ in an international law is characterized by next signs: political and legal independence, value as primary international legal subject; needed for exceptional supremacy of state power and envisages insubordination of power of other state; conditioned by legal equality of the independent states and is in basis of modern international law. State sovereignty is characterized international legaland internal aspects. Under the external aspect of sovereignty is understood independent of other subjects of international law. The internal aspect of territorial supremacy means the right of the state exercise its authority within its territory Sovereign equality is a concept, what derivant from a concept ≪sovereignty≫. But in most international legal acts, the concept of ≪state sovereignty≫ is used primarily in combination with the principle of territorial integrity of states. Principle of territorial integrity essentially comes forward as a major backer-up of state sovereignty, as exactly territory is an obligatory sign of any state, sphere of action of his sovereignty. The concept of state sovereignty in international law is based on the principles of international law, primarily the non-use of force and threat of force in international relations, the sovereign equality of states, non-interference in the internal affairs of states, inviolability of borders and territorial integrity of states. At the national level, appropriate to speak of sovereignty as a property of the state, and at the international level, the principle of respect for state sovereignty. Thus, state sovereignty remains the base of the international legal system. The most serious crime against state sovereignty in an international criminal law is a crime of aggression. In the framework of international law, it is expedient to develop more effective mechanisms for the protection of state sovereignty, taking into account the need to protect it from contemporary forms of manifestation of an international crime ≪aggression≫, which is accompanied by information, trade, as well as ≪hybrid≫ wars.

scholarly journals IMPERATIVES OF INNOVATION AND INVESTMENT DEVELOPMENT OF THE LIVESTOCK INDUSTRY IN UKRAINE

2020 ◽  
Vol 1 (2) ◽  
pp. 109-114
Author(s):  
Sergey Selyutin
Keyword(s):  
State Policy ◽  
Agricultural Sector ◽  
State Regulation ◽  
The State ◽  
Growth Strategy ◽  
Innovative Development ◽  
Innovation Development ◽  
Agrarian Sector ◽  
Factors Influencing

The purpose of the article. Formation of effective state policy and mechanisms for managing innovative development of the agrarian sector in Ukraine is one of the priority tasks facing the state. In turn, the identification and analysis of factors hindering the implementation of the domestic state policy of innovation development of the agrarian sector is also a very important task. Methodology. In the course of the research general scientific and special methods of research were used, in particular: theoretical generalization, comparison and morphological analysis – in the process of formation of the conceptual-categorical apparatus of the research; Structural-structural-functional analysis - to justify the factors of the formation of the state policy of innovative development of the agrarian sector in Ukraine. Results. It has been established that in order to formulate the state policy of innovation development of the agrarian sector in Ukraine, it is necessary to have a clear idea of the structure of the innovative potential of the agrarian sector, the interrelations between its components, the system and factors that allow the most fully and effectively to implement in practice the opportunities laid down in it. In order to form an effective state policy for innovative development of the agrarian sector, a classification of the factors influencing it is proposed. Practical implications. The need to study the factors influencing the state policy of innovative development of the agrarian sector in Ukraine is primarily due to the substantiation of their content and possible forms of manifestation in the context of developing an effective system of state regulation aimed at activating innovation in the agricultural sector. In turn, the factors influencing the innovative development of the agrarian sector depend on the existing structural features of agrarian production, the level of scientific and educational and technical activities, etc. Value/originality. The proposed classification of factors that influence the formation of the state policy of innovative development of the agrarian sector in Ukraine: on the effectiveness of actions; by the nature of influence; on the structure of the infrastructure; by scale of influence. Based on the knowledge of the factors that significantly determine the dynamics of innovative development of the agrarian sector, it is possible to characterize its parameters and, on this basis, to develop recommendations related to the development of a sustainable economic growth strategy for the innovative development of the agrarian sector and the state as a whole.

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