State and legal views of L. Lukyanenko

2021 ◽  
pp. 47-54
Author(s):  
Lidiia Fedyk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
The State ◽  
Practical Significance ◽  
Necessary Condition ◽  
International Human Rights Law ◽  
Legal Method ◽  
Role Of The State ◽  
Democratic State ◽  
The Government

The purpose of the study is to identify the features of state and legal views of L. Lukyanenko through the prism of modern state formation. Methods. The priority research methods were: historical and legal - used to understand the evolution of L. Lukyanenko's ideas about the state and law and the connection of ideas with state-building and law-making activities, specifically-search - in analyzing, updating and classifying archival and printed sources, formally -legal method was used in the study of theoretical and legal heritage of L. Lukyanenko. Results. The main provisions of the state and legal views of L. Lukyanenko are revealed. Determinants among them are the idea of the priority of man over the state and the limitation of the functions of the state to resolve disputes in the field of human rights, democracy is a balance between the people and the government. Democracy is a necessary condition for the formation of civil society. The latter is formed on the basis of structuring society. Especially in a democracy, there are strong political parties that represent the interests of different social groups and to some extent limit power. Scientific novelty. The article examines L. Lukyanenko’s views on the state and law. Determinants of state and legal views are the idea of national elite, democracy and civil society, based on the concept of limited role of the state in favor of natural human rights, and the priority of international human rights law over national. The study shows L. Lukyanenko’s views on the formation of civil society and a democratic state. Practical significance. The problems considered in the work can contribute to the further study of state and legal views of L. Lukyanenko, will help to fill the "Ukrainian historical content" of such categories of legal science as "state", "democracy", "civil society".

scholarly journals Poverty as a Political Choice: a Comparative Analysis of Reports of the UN Rapporteur’s Visits to the UK and Spain

2021 ◽  
Author(s):  
Ian Cummins ◽  
Emilio José Gómez-Ciriano
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Comparative Analysis ◽  
Social Workers ◽  
The State ◽  
The Other ◽  
Role Of The State ◽  
The Uk ◽  
The Impact

AbstractThis paper presents a comparative analysis of two reports by the UN Rapporteur on Extreme Poverty and Human Rights, one for Spain and one for the UK. In both countries, austerity policies were introduced following the banking crisis of 2008. The UN Rapporteur reports highlight the damage that was done by welfare retrenchment. In particular, the reports document the impact of austerity on the most vulnerable individuals and communities. The paper uses Somers' (2008) conceptual model of citizenship as the basis for a comparative analysis of two reports. Somers' (2008) model of citizenship is a triadic one which sees the state, market and civil society as competing elements. Each one can serve to regulate and limit the influence or excesses of the other two. Somers argues that neoliberalism has seen the dominance of the market at the expense of the role of the state and the institutions of civil society. Austerity policies saw the market dominating. Having examined the context of the two reports and their conclusions, the paper discussed the implications for individual social workers’ practice and the role of social work as a profession in tackling poverty and marginalisation.

scholarly journals TARPTAUTINĖ BENDRUOMENĖ PRIVALO RŪPINTIS KIEKVIENO ASMENS BIOETIKOS APSAUGA – SUFORMUOTI BENDRĄ TARPTAUTINIŲ IR NACIONALINIŲ BIOETIKOS TEISMŲ SISTEMĄ

Teisė ◽  
2013 ◽  
Vol 87 ◽  
pp. 231-2360
Author(s):  
Victoria Grygoryevna Tretiakova
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
The State ◽  
Specific Nature ◽  
Democratic State ◽  
Core Value ◽  
Judicial Protection ◽  
Intensive Development

The author made a research on the state of development human rights bioethical legislation and judicial protection of bioethical rights under intensive development of civil society, in which everybody’s life, health, physical and mental integrity and dignity are core value for the latter, and thus require immediate attention of every democratic state. The author makes her proposals for unified specialized bioethical justice and unified system of specialized bioethical courts at the international, regional and national levels, justifying necessity of them by specific nature of bioethical legal relations and socially based prioritisation of the protection of bioethical rights.

When elites polarize over polarization: Framing the polarization debate in Turkey – RETRACTED

2018 ◽  
Vol 59 ◽  
pp. 109-133
Author(s):  
Senem Aydın-Düzgit ◽  
Evren Balta
Keyword(s):  
Civil Society ◽  
Qualitative Interviews ◽  
Radical Change ◽  
The State ◽  
Considerable Degree ◽  
Institutional Factors ◽  
Degree Of Polarization ◽  
State Of Polarization ◽  
The Government ◽  
Near Future

AbstractThis article aims to explore the views of the Turkish elite on the state of polarization in Turkey. By identifying four political frames—namely, harmony, continuity/decline, conspiracy, and conflict—that selected Turkish political and civil society elites use in discussing the phenomenon of polarization in the country through their contributions to a workshop and in-depth qualitative interviews, the article finds that there is a considerable degree of polarization among the Turkish elite regarding their views on the presence of polarization in Turkey. Moreover, this overlaps with the divide between the government and the opposition in the country. An analysis of the justificatory arguments employed in constituting the aforementioned frames shows that, while those elites who deny the existence of polarization seek its absence in essentialist characteristics of society, in reductionist comparisons with history, or in internal/external enemies, those who acknowledge polarization’s presence look for its roots in political and institutional factors and processes. The article highlights how, given the denial of polarization by the pro-government elite and the substantial gap between the two camps’ justificatory narratives, the currently reported high rates of polarization in Turkey can, at best, be expected to remain as is in the near future, barring a radical change in political constellations.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals POLITICAL REGIONAL TOURISM IN CIVIL SOCIETY PERSPECTIVE (Profile of Development Strategy of Situ Bagendit Tourism Object, Banyuresmi District, Garut Regency, West Java Province)

2019 ◽  
Vol 1 (1) ◽  
pp. 24-50
Author(s):  
Hasan Mustapa
Keyword(s):  
Civil Society ◽  
Development Strategy ◽  
The State ◽  
Main Question ◽  
Public And Private ◽  
Regional Tourism ◽  
Role Of The State ◽  
Development Politics ◽  
Tourism Potential ◽  
Society Perspective

The main question of this study is how the politics of tourism development in the Situ Bagendit area is in the perspective of civil society. The theoretical foundation used in this paper is the concept of Civil Society expressed by Janoski (1998: 12) which states that the idea of civil society rests on intensive discourse between the four domains, namely the state, markets, public and private / private. To clarify the understanding of the main statements, it was elaborated through several conceptions about the politics of development and regional tourism with various variations. So that the good relations that are correlational in nature and the relevance between the politics of development are positive and the progress of regional tourism through an effective review of civil society implementation The role of the state is very effective by delegating ownership from the center to the district for the management of Situ Bagendit. In contrast, in the realm of the market there seems to be less contribution. There has not been a productive effort in the public domain for the development of this tourist attraction. Similarly, personal awareness to develop this tourism potential so that going international is still low. Every tourism potential can become a regional icon that is able to compete on an international scale. One of the strategies is with productive development politics in the synergy between the state and related institutions.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

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