scholarly journals The influence of political parties on the development of civil society and the state

2020 ◽  
Vol 9 (30) ◽  
pp. 32-39
Author(s):  
Dmytro Rozumeiko ◽  
Krystyna Zhebrovska ◽  
Lina Sushcha ◽  
Yuliia Kylymnyk
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Legal Status ◽  
Theoretical Method ◽  
The State ◽  
Political Will ◽  
Political Freedoms ◽  
Methodological Principles ◽  
Observation Method ◽  
Definition Of

The article examines the influence of political parties as an association of citizens on the emergence of civil society and the development of the state. The object of the study is to determine the political and legal significance of political parties as subjects of relations and their influence on the development of civil society and the state. The following methodological principles and methods were used as a basis for the study: the principle of historicism; the principle of systematicity; logical-theoretical method; structural and functional methods help to determine the nature of the influence of parties on the development of civil society; sociological methods (information analysis method, observation method). The purpose of this article is to determine the influence of political parties on the emergence of civil society and the state. It is stated that multiparty characterization is a characteristic of a democratic society, which is characterized by the institutionalized pluralism of political interests and where it is a practical realization of the basic political freedoms of citizens. The definition of the party, in addition to purely theoretical, has a practical character. After all, the presence in a particular organization of the features of the "party" depends on its respective legal status, its rights and obligations, a special functional position in the state mechanism. The authors conclude that the main institutional form of citizens' associations, which ensures the formation of their political will, as well as the expression of political will of different social groups in state bodies, are political parties, which is enshrined in the Constitution, laws and other normative - legal acts.

scholarly journals Formation of the phenomenology of municipal man within civil society and the state

2020 ◽  
pp. 110-118
Author(s):  
Oleksandr Boyarsky
Keyword(s):  
Life Cycle ◽  
Civil Society ◽  
Human Cell ◽  
Local Governments ◽  
Legal Status ◽  
The State ◽  
Self Organization ◽  
Definition Of ◽  
Further Development

The article analyzes the concept of a municipal person in the contextualization of the formation of its phenomenology within civilsociety and the state. It is proved that the processes of existence, formation, development and improvement of an autonomous civil societyare accompanied by the close interaction of homo municipalis and homo politicus – and the role of homo municipalis in this processis primary and decisive. Based on the above guidelines, the definition of homo municipalis is proposed. The phenomenon of “municipalperson” should be understood as an individual who has different legal status (citizenship, foreignness, statelessness, refugees, etc.), butdespite it consciously and proactively carries out its life cycle in everyday life within the territorial community of people, united by commongeographical, historical and modern existential interests, values and needs that can be realized only in local government, throughjoint synergetic human activities within the territorial community and civil society, through the activities of local governments and otherentities and local governments that are part of its system, carried out on the principles of self-organization, initiative, self-governmentand self-government, in order to create appropriate conditions for support and ensure the existence and functioning of a human cell thathas a teleological dominant to continue to exist and further development of human civilization in a state-organized society.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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 Romania’s Civil Society and its Moral Underpinnings: The Symbolic Discourse of a Post-Socialist State

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Mitchell O. Hopkins
Keyword(s):  
Civil Society ◽  
Ottoman Empire ◽  
Social Space ◽  
The State ◽  
Socialist State ◽  
The Everyday ◽  
Definition Of ◽  
The Eu

Using Katherine Verdery’s definition of civil society as the population of a social space between the everyday household and the state, the paper looks at how such events as the rise and fall of the USSR, the advent of the EU, or even the workings of the Ottoman Empire have affected the discussion and development of civil society in Romania.

‘What Will We Be without Them?’ Rural Intellectuals in the State and NGOs in Zimbabwe’s Crisis-Ridden Countryside

2016 ◽  
Vol 44 (4-5) ◽  
pp. 595-610 ◽  
Author(s):  
David Moore ◽  
Zenzo Moyo
Keyword(s):  
Social Movements ◽  
Civil Society ◽  
Political Parties ◽  
Urban Areas ◽  
The State ◽  
Governmental Organizations ◽  
South West ◽  
Non Governmental Organizations ◽  
State Organizations ◽  
The Many

Research on NGOs in rural Zimbabwe suggests that ideas of automatic opposition between ‘civil society’ and/or non-governmental organizations and authoritarian states are too simple. Rather, relations between state and non-state organizations such as those referenced in this article, in the rural district of Mangwe about 200 kilometres south-west of Zimbabwe’s Bulawayo, are symbiotic. This contrasts with urban areas where political histories have led to more contested state-civil society relations in the last two decades, during which social movements with a degree of counter-hegemonic (or counter-regime) aspirations were allied with many NGOs and opposition political parties. Gramsci’s idea of ‘rural intellectuals’ could complement the widely used notion of ‘organic intellectuals’ to examine the members of the intelligentsia appearing to be at one with subordinate groups in the countryside and at odds with the state. Likewise state workers distant from the centre and close to their class peers in NGOs as well as their ‘subjects’ may operate with autonomy from their masters in ruling parties and states to assist, rather than repress, citizens and also to co-operate with NGO workers. This research indicates that discerning how hegemony works across whole state-society complexes is more complicated than usually perceived, given the many regional variations therein.

scholarly journals IS THERE CIVIL SOCIETY IN BANGLADESH?

2018 ◽  
pp. 36-38
Author(s):  
M. S. Islam
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Social Development ◽  
The State ◽  
Civil Society Organizations ◽  
Historical Method ◽  
The Government ◽  
And Control ◽  
Local Levels

Сivil society is a group of people excluded from the government and the army and providing a counterbalance and control of the state at the national and local levels in the country. In Bangladesh, since independence in 1971, civil society organizations have been successfully involved in social development, but they have been criticized not to be able promote democracy in Bangladesh because of their support for political parties. Therefore, it impedes strong opposition to corruption and non-democratic activities in the country. In this article, using the historical method, the author analyzes the features and role of civil society in Bangladesh.

scholarly journals Methodical principles of analysis of the concept of “organizational and economic mechanism of public-private partnership”

2021 ◽  
pp. 137
Author(s):  
Angela Kuznyetsova ◽  
Vladislav Maslov
Keyword(s):  
Corporate Strategy ◽  
Public Private Partnership ◽  
The State ◽  
Private Partnership ◽  
Scientific Methods ◽  
Economic Mechanism ◽  
The Board Of Directors ◽  
Theoretical Generalization ◽  
Methodological Principles ◽  
Definition Of

Introduction. In recent years in Ukraine, the task of ensuring multi-faceted cooperation between the state and private business has been relevant. The formation of effective principles of realization of public-private partnership determines the need for a detailed study of the essence, characteristics and principles of its organizational and economic mechanism.Goal. The purpose of the article is to reflect and analyze the methodological principles of determining the essence and bases of formation of the organizational and economic mechanism of public-private partnership.Methods. In order to achieve the defined goal, a complex of general scientific methods applied: theoretical generalization - to determine the methodological principles and essence of the organizational and economic mechanism of public-private partnership, a method of scientific abstraction - in the distinguishing components and results of the organizational and efficient mechanism of cooperation between the state and business, abstract-logical Theoretical generalization and formulation of conclusions.Results. During the analysis of the methodological principles of the concept of «organizational and economic mechanism of public-private partnership», the basis of research of the methodology of development of a system of public-private partnerships is determined on the basis of the concept of the organizational and economic mechanism for implementing public-private partnership. The tasks and processes that are most accurate characterize the components of organizational and economic mechanisms and include the formation of corporate strategy, dividend policy, management of management, improvement of the payment system, participation in the Board of Directors, hostile acceptance, receipt of powers of power and bankruptcy. The main tasks of the economic mechanism of which include: ensuring the profitability of the system of establishing a mutually beneficial cooperation of the system elements, which resulted in a single center to provide a balance of horizontal integration and vertical management purposes, as well as optimize internal- system transaction and organizational costs and mutually beneficial cooperation of the elements of the system, which involves the integration of their activities, which increases their potential separately and the system as a whole. It is noted that the result of the functioning of the economic mechanism is to create conditions for highly efficient activity due to effective resource management and achieve the effect of synergy from optimal use both in individual elements and in the scope of the entire system. Discussion. A promising direction of the study arises the need to improve methodological approaches to the definition of the essence and meaningful characteristics of public-private partnership as a new form of intensification of business development in Ukraine.

scholarly journals Securing Social Governability: Party-Movement Relationships in Lula's Brazil

2015 ◽  
Vol 47 (3) ◽  
pp. 567-593 ◽  
Author(s):  
HERNÁN F. GÓMEZ BRUERA
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
State Power ◽  
The State ◽  
Public Office ◽  
State Apparatus ◽  
New Interpretation ◽  
State Subsidies

AbstractThis article provides a new interpretation of the changes that occur in party-civil society relations when progressive parties of mass-based origin gain state power by looking at the experience of the Brazilian Workers’ Party (PT) during the Lula administration. The need to preserve what is defined here as ‘social governability’ changes the nature of party-movement relationships when political parties move from opposition to government. The article shows how the PT in national executive public office, to a large extent, managed to secure social governability through reward-based linkages, such as the distribution of jobs in the state apparatus and the allocation of massive state subsidies.

The Legal Status of American Political Parties, II

1940 ◽  
Vol 34 (4) ◽  
pp. 685-699
Author(s):  
Joseph R. Starr
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Policy Making ◽  
Legal Status ◽  
Equal Treatment ◽  
Minimum Size ◽  
Set Up ◽  
Definition Of ◽  
Direct Primary ◽  
Liberal Policy

Political parties that cannot meet the requirements set up by statute for participation in the direct primary, or for the holding of legal conventions, are authorized in most states to choose their candidates by an alternative method. The statutory provisions on this matter vary widely. Some states follow a liberal policy, making it relatively easy for small parties to get a place on the ballot with their candidates' names identified by the party name or emblem. A few states follow a different policy, and make it difficult for small parties to put forward their candidates and allow no distinction upon the ballot between independent candidates and the candidates of small parties.The forty-eight states may be divided into several classes as respects their statutory provisions for the nomination of candidates by new political parties and small parties which cannot meet the statutory definition of a political party:1. States prescribing no minimum size for a political party to participate in the favored method of nomination, whether convention or direct primary—six states. In these states, new and small parties are in the most favored position. In the matter of nominating candidates and gaining a place on the general election ballot, they are accorded equal treatment with parties of long standing and substantial size.

scholarly journals Causes of Democratization Failure in Pakistan: An Analysis

2018 ◽  
Vol 1 (1) ◽  
pp. 9-19
Author(s):  
Muhammad Adil ◽  
Muhammad Umar
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
The State ◽  
Positive Role ◽  
Quality Of Democracy ◽  
Democratic Norms

This study analyzes the causes of democratization failure in Pakistan. The data collected by questionnaire. The study's main objective is to investigate the problems closely concerned with the collapse of democracy and the prevalence in the country of democratic norms. The study finds that the Overall Quality of Democracy, Independence of Media, Belief in Political Parties, Presentation of an Independence Cabinet causes failure of Democracy in Pakistan. According to this, the State, supporting parties, civil society, and youth must perform their positive role in engaging in a recreation of democracy to generate liberty for institutional democratization in Pakistan confidently.

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