scholarly journals Ensuring the State’s Legal Liability is the Key Challenge of Legal Reform in the Modern Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 21-30
Author(s):  
O. S. Bakumov
Keyword(s):  
State Power ◽  
Legal Liability ◽  
The State ◽  
Modern World ◽  
The Political ◽  
Public Authorities ◽  
Public And Private ◽  
Legal Personality ◽  
Stage Of Development ◽  
Long Time

Special attention has been paid to the fact that the doctrine of legal liability of the state to a person is increasingly affirmed in Ukraine as a theoretical basis for the functioning of state power in general and all its agencies in particular. However, despite the large number of scientific developments, the national legal science still can not boast of an unambiguous and generally recognized understanding of the essence of the phenomenon of legal liability of the state. It has been stressed that legal liability was interpreted for a long time as a kind of “continuation” of the state itself: in the context of the concept of state coercion means it was solely perceived as an instrument of state power for punishing offenders. However, such a concept denied the question about legal liability of the state itself as an equal personality of the subject of law. It has been stated that the phenomenon of legal liability of the state one can consider a certain continuation of the political and legal strategy on self-limitation of the state by law. Such liability is naturally considered a characteristic feature of the legal type of statehood, and it directly concerns only the democratic type of states. Instead, undemocratic states do not bear or acknowledge (or only declare) any real legal liability to society. Therefore, in terms of a democracy, the state is a real subject of liability to society, which is guaranteed on the normative and institutional levels. The current stage of development of the institution of legal liability of the state is characterized by the highest normative level of its institutionalization – constitutional one. This level ensures: 1) the irreversibility of the state’s course on the establishment of legal statehood; 2) fixing the starting, the main elements of the normative model of legal liability of the state; 3) completion of the registration of legal personality of the state in the modern world, which was incomplete without constitutional establishment of its legal liability; 4) the parity nature of the relations of the state with other subjects of law on the basis of a combination of dispositive and imperative, public and private components. The constitutional model of the state’s legal liability to a human being is based on the same principles in Ukraine. Such liability, in particular, is not limited to the political or moral liability of public authorities to society, but has the features of legal liability as applying measures of public and legal (constitutional or international) nature to the state and its agencies for the failure or improper performance of the duties.

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

Anthropological Perspectives on the Limits of the State

2018 ◽  
pp. 67-88
Author(s):  
Andrew Brandel ◽  
Shalini Randeria
Keyword(s):  
Political Power ◽  
State Capacity ◽  
State Power ◽  
Global South ◽  
The State ◽  
The Political ◽  
Everyday Experience ◽  
Public And Private ◽  
The World ◽  
Social Scientific

This chapter examines how anthropological work on the state and political power not only complements, but also contests the political scientific conception of limited statehood. The two disciplines are no longer distinguished by the methods they employ, or their analytical dispositions, or the regions of the world where they conduct research. Here it is suggested instead that anthropology continues to be defined by its commitment to challenging universalizing social scientific assumptions on the basis of ethnography that theorizes from everyday experience. Drawing on examples both from the global South and North, we delineate how anthropology nuances various conceptions of limits of state power, particularly those that structure the binaries of West and non-West, public and private, state and non-state, formal and informal, national and trans- or supranational, on which much of the discussion of state capacity, or its partial absence, is predicated.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

NON-TRADITIONAL RELIGIOSITY IN THE POLITICAL SPACE OF THE MODERN WORLD

2020 ◽  
Author(s):  
Валерия Игоревна Семенова
Keyword(s):  
The State ◽  
Modern World ◽  
The Political ◽  
Political Space ◽  
Traditional Religions

В данной статье автором рассматриваются особенности восприятия и понимания нетрадиционной религиозности, возможности диалога традиционных и нетрадиционных религий, перспективы их взаимоотношений, намечаются пути разрешения возможных конфликтов между ними. Особое внимание уделяется функционированию нетрадиционных религий в политическом пространстве, отношению к ним государства. In this article, the author examines the peculiarities of perception and understanding of non-traditional religiosity, the possibility of dialogue between traditional and non-traditional religions, the prospects for their relationship, and outlines ways to resolve possible conflicts between them. Special attention is paid to the functioning of non-traditional religions in the political space and the attitude of the state to them.

The Political Problem

Potentia ◽  
2020 ◽  
pp. 78-106
Author(s):  
Sandra Leonie Field
Keyword(s):  
State Power ◽  
The State ◽  
The Political ◽  
Political Problem ◽  
Early View

This chapter argues that Hobbes’s late view of human collective power, unlike the early view, is able to grasp informal and emergent collective power. Hobbes’s later works, with their new relational conception of potentia, offer both theoretical resources to conceive informal collective power distinct from the state, and also analytical reasons to expect such power to be politically troubling. The ‘political problem’ emerges: in order to achieve the concrete power sufficient to uphold its absolute authority (potestas), the state needs to harness or tame the informal collective powers within the populace. The chapter argues that the political problem explains the absence of the ‘sleeping sovereign’, so central to the radical democratic interpretation of Hobbes, from Hobbes’s later writings. But informal collective power cannot necessarily be celebrated as a welcome popular insurgency against excessive state power: for its characteristic inner structure is complex oligarchic allegiance rather than equal horizontal affiliation.

scholarly journals UKRAINIAN ARCHAEOLOGY: THE STATE AND PROSPECTS (The subjective impression about the objective state)

2019 ◽  
Vol 33 (4) ◽  
pp. 388-395
Author(s):  
L. L. Zalizniak
Keyword(s):  
Wide Distribution ◽  
The State ◽  
Modern World ◽  
Positive Role ◽  
Subjective Impression ◽  
Scientific Staff ◽  
Long Time ◽  
Science And Education ◽  
Academic Organization ◽  
Organization Of Science

Ukraine is one of the richest on archaeological sights countries of Eastern Europe. However this riches strike a discordant note with the traditionally small amount of the Ukrainian archaeologists. The lack of «white» academic and university archaeologists is compensated in Ukraine by the increase of quantity of «black archaeologists» that engage in the plunder of archaeological inheritance of country. Strategy of fight against illegal trade of archaeological artefacts it follows fundamentally to reform in Ukraine, limiting to him the hard scopes of law. Above «black archaeologists» it follows to set hard control of public organs with bringing in of professional archaeologists. A limit amount of specialists on archaeology and primitive history became one of reasons of wide distribution of amateur «conceptions» and wild fantasies about the ancient past of region. They inform a population untruthfully and discredit a country. The Academy of Sciences played a positive role in development of science, however in our time she does not answer the standards of organization of modern world science and needs deep reformation. Academic organization of science in soviet times had not only the strong parties but also numerous defects. Among them hard administration of science, numerous bureaucracy, lag from front-rank schools of western science through the insufficient financing and protracted artificial isolation from western colleagues, absence of contacts with university young people. The last resulted in the catastrophic aging of academic scientific staff. Ukrainian science and higher education already long time are in the state of deep crisis, to go out from that they can only by joint efforts, by deep reforms in direction of approaching to the world standards of organization of science and education.

scholarly journals «Activism» as a specific form of civil society influence on the state power in modern Ukraine

2017 ◽  
Vol 1 (1-2) ◽  
pp. 81-88
Author(s):  
A. K. Klyachin, Tit O.G.
Keyword(s):  
Civil Society ◽  
State Power ◽  
Public Organizations ◽  
Specific Form ◽  
The State ◽  
Public Authorities

The General characteristics of the concept of civil society, outlined its functions, the main features, institutions and forms of interaction with public authorities. The category «activism» is considered as a means of civil society to effectively implement and protect the interests of society. On the basis of the analysis of activity of public organizations the attempt of conditional allocation of varieties of «activism»is carried out. It is determined which form of «activism» has the most real ability to influence public authorities.

scholarly journals THE INSTITUTE OF COUNSELOR IN THE DOMESTIC SYSTEM OF PUBLIC SERVICE: THE STATE AND PROBLEMS OF LEGAL FIXING

2021 ◽  
pp. 106-112
Author(s):  
O. Pronevych
Keyword(s):  
Public Service ◽  
Best Management Practices ◽  
Local Governments ◽  
Management Practices ◽  
Legal Framework ◽  
The State ◽  
Public Authorities ◽  
Legal Personality ◽  
Social Mission ◽  
The Right

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

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