scholarly journals CIVIL SOCIETY AS A SCIENTIFIC CATEGORY AND THE SUBJECT OF LEGAL RESEARCH

2020 ◽  
Vol 1 (9) ◽  
pp. 4-8
Author(s):  
Liliia Riabovol ◽  

The article emphasizes that the importance of civic initiatives in addressing various issues in almost all spheres of life and activity of domestic society and the state is constantly growing, and therefore, the issue of civil society continues to attract scientific interest. The purpose of the article is to determine the peculiarity of the scientific category «civil society»; summarize the results of scientific research on the essential features, structure and social purpose of civil society. It is established that civil society is a complex category, the essence of which is manifested in economic, social, sociological, political, legal, moral, national and other aspects. The essential features of this phenomenon are: its structure by types of relations and public institutions; independence and at the same time close relationship with the state on the basis of delimitation of competencies; recognition as the highest value of man, his rights, freedoms and legitimate interests; recognition of such principles of functioning as: equality and protection of all forms of ownership, freedom in choosing the forms of implementation and types of business activities, political and ideological pluralism, etc. The article systematizes the features of civil society, so, civil society is: a set of individuals who are free in economic, political, social, cultural aspects; an open social system, which is formed and functions under the influence of various factors, among which the state plays a special role; complex structured system based on universal and democratic values. Civil society allows to integrate a particular society, is a way and form of its self-organization and self-expression, acts as a guarantor of inviolability of rights, freedoms and legitimate interests of man and citizens, helps protect them in case of violation by state and local governments, generally promotes democratic institutions. what is the social purpose of civil society.

Author(s):  
Tetiana Guzenko

Communication between local governments and the public is an important component of democratic development of the state, formation and development of civil society and socially and politically active citizens. The Revolution of Dignity in 2014 activated the Ukrainian society, encouraged the emergence of new active local communities, which until then were almost not represented in the political life of the state and in fact were not involved in the process of preparing and making managerial decisions at all levels of public life. A breakdown in the established system of relations between local authorities and the public is taking place, which gives a powerful impetus to find the new models of interaction and active involvement in the decision-making process on local development of socially active citizens, public associations and social groups. In this context, the need to build an effective system of interaction and to provide local government with effective public relations, introduction of the European standards of communication “power-society” is extremely relevant, because they are the esssencial factors in legitimization of management decisions ensuring creation of conditions for real participation of the population in formation and implementation of state policy, especially in the field of local self-government. The article examines the issues of development of social institution of communication with civil society that is new for the Ukrainian society, state and local self-government bodies aimed at providing communication with local communities and creating conditions for their real participation in solution of local problems, specifying definitions, principles and rules of institutional analysis, working out the evaluation criteria system of efficiency of strategic models of communication with civil society that is used in local self-government bodies.


Author(s):  
R. Kelso

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.


Author(s):  
Laura Thaut Vinson

This chapter explores the problem of rising pastoralist–farmer and ethnic (religious and tribal) violence in the pluralistic Middle Belt region of Nigeria over the past thirty to forty years. In particular, it highlights the underlying issues and conflicts associated with these different categories of communal intergroup violence, the human and material costs of such conflict, and the broader implications for the Nigerian state. The federal government, states, local governments. and communities have not been passive in addressing the considerable challenges associated with preventing and resolving such conflicts. It is clear, however, that they face significant hurdles in resolving the underlying grievances and drivers of conflict, and their efforts have not always furthered the cause of conflict resolution and peacebuilding. Greater attention to patterns of inclusion and exclusion and to the allocation of rights and resources will be necessary, particularly at the state and local government levels, to create a more stable and peaceful Middle Belt.


2014 ◽  
Vol 27 (6) ◽  
pp. 462-474 ◽  
Author(s):  
Helena Santos Curto ◽  
Álvaro Dias

Purpose – The purpose of this paper is to clarify the relationship between administrative reform in Portugal and the impacts on the dependence of local governments in the face of budgetary resources of state and local municipal revenue collection, which is understood as a form, among others, participation civil society in local public policies. Design/methodology/approach – The study opts for an exploratory analysis using the grounded theory approach, including the use of data relating to local government structures and partnerships with the private sector, based on the main lines of the public administration reform. The data were supplemented by documentary analysis, including legislative documents and papers in specialized area of administrative decentralization and civil society participation in local public policies. Findings – The paper provides empirical insights about how the increased participation of civil society in local public policies is associated with less reliance on state budgets and a greater number of local managerial structures. Research limitations/implications – Due to the chosen research approach, the results cannot be generalized. A comparative study between several countries could bring several interesting insights. Social implications – The paper includes implications for economic and social development of new public policies in the context of administrative reforms. Originality/value – This paper makes several theoretical and empirical contributions on this research field specially about local public manager's decisions for financial resources transfers within the active policy of sustainable local development.


Author(s):  
Viktor Nyzhnyk ◽  
Oleh Rudyk

The study is devoted to the substantiation of the basic components of the mechanism of regulation of social and labor relations in the united territorial communities of Ukraine. The article analyzes the research on the role of the state and local governments in regulating and developing social and labor relations at the local level. The leading world concepts in regulating social and labor relations have been characterized. The purpose and role of local self- government bodies in regulating social and labor relations have been defined. The basic scientific approaches to the concept of “community development” have been investigated. Based on the research, the basic components of the mechanisms of regulation of social and labor relations in the united territorial communities have been identified and their characteristics have been given.


Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system. The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law. At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.


2019 ◽  
pp. 354-365 ◽  
Author(s):  
Nataliya Tyukhtenko ◽  
Serhii Makarenko ◽  
Nataliia Oliinyk ◽  
Krzysztof Gluc ◽  
Edwin Portugal ◽  
...  

In the conditions of limited sources of financing for the introduction of advanced innovative technologies and equipment modernization, to retain the existing positions and increase the overall level of competitiveness can only the company that establishes a close relationship with government bodies, local governments and trade union organizations with the aim of obtaining possible preferences for development within the existing regulatory right field. The purpose of the article is to analyze the main socio-economic indicators of the development of Ukraine and its regions, the definition and justification of possible areas of establishing interaction between private enterprises and government agencies. The methodological basis of the study consisted of scientific works of domestic and foreign scientists and leading specialists, statistical and analytical materials of state authorities. The results are obtained through the use of such methods as expert – to identify the impact of qualitative and quantitative indicators on the socio-economic development of the Kherson region; economics and mathematics – to study the influence of a defined group of indicators on the index of the physical volume of the gross regional product; abstract-logical – for a theoretical synthesis and formulation of conclusions. It is revealed that among the key areas of interaction is the promotion of the state and local authorities in the creation of industrial parks. The conducted research on identifying the strengths and weaknesses, opportunities and threats of the economy of the Kherson region indicates the need to develop measures to ensure the economic security of the region. To solve these problems at the regional level, it is proposed to implement a state policy that would be carried out in the following areas: ensuring a solid institutional protection of investor's property rights; improvement of the legislative framework; establishing an effective mechanism for combating corruption in Ukraine, developing an effective state policy on amnesty and unshadowing of incomes of individuals and legal entities. Keywords: socio-economic development, management, innovation, industrial park, competitiveness, foreign investment, amnesty of capital.


Author(s):  
Kateryna Malyuk

The article analyzes the theoretical and practical aspects of decentralization as a foundation for the formation of local governments in Ukraine. The importance of introducing the reform of decentralization of power on the path of development of Ukraine as a democratic, social, legal state is proved. The activity of local self-government in the conditions of decentralization is currently a priority among the reforms in Ukraine, as new trends in state building of our country, formation of civil society institutions, optimization of the system of local self-government determine new conditions for decentralization. Traditionally, a constant view of decentralization as a process in which independent units that form the bearers of local self-government are formed in a centralized state requires the development of new approaches to the analysis of its content and, accordingly, the search for new opportunities to achieve the goal. The role of decentralization in the formation of the institution of local self-government is crucial. After all, decentralization is a kind of management system, in which part of the functions of central government is transferred to local governments. Decentralization is one of the forms of democracy development, which at the same time preserves the unity of the state and its institutions while expanding the possibilities of local self-government. It aims to activate the population to meet their own needs, to narrow the sphere of state influence on society, to reduce expenditures on the maintenance of the state apparatus. This process promotes direct democracy, as it involves the transfer of control of a number of local affairs directly into the hands of stakeholders. Thus, we can say that decentralization helps to build the civil society we so strive for. As a result of local government reform and decentralization of power, the basis of the new system of local self-government should be united territorial communities, which are formed on a voluntary basis in accordance with the statutory procedure with their own self-government bodies, including executive bodies. The reform should help improve the lives of Ukrainian citizens, as well as build a legal, modern, efficient and, most importantly, competitive European state.


2021 ◽  
Vol 12 (1Sup1) ◽  
pp. 335-345
Author(s):  
Vasyl Marchuk ◽  
Liudmyla Pavlova ◽  
Hanna Ahafonova ◽  
Sergiy Vonsovych ◽  
Anna Simonian

The modern world space, which is affected by the post-pandemic consequences, is noted by the globalization of society, the increasing role of citizenship in making important state and international decisions has become possible in the context of the information revolution and has its own characteristics of communication in information and communication networks. The importance and need for a thorough study of the chosen topic is that the widespread use of various forms and methods of civil communication, free access of citizens to information at all stages of decision-making and the functioning of central and local governments, the participation of civil society institutions in the work of expert, consultative, and advisory public councils on the expression and protection of the rights and freedoms of citizens, public control, direct electronic receipt of public services, etc. are important factors in the democratization of government in post-pandemic modern times. After all, we are talking about a deliberate orientation to new values - the person and the collective, their direct participation in the democratic organization of life of the state and society. The main thing in this context is that the rational consensus of civil society and the state is a factor in universal social discourse and a strategic resource for democratic development in the context of post-pandemic modernity. The aim of the article is to consider the epistemological and sociocultural aspects of the functioning of the communication capabilities of civil society institutions in the context of revealing the possibility and significance of their involvement in the processes of implementing state security policy.


Author(s):  
Carol S. Weissert ◽  
Jessica L. Ice

This chapter reviews research on relations between state and local governments. The authors focus on the different types of local governmental units and their relationship to the state, decentralization and local autonomy, and state oversight and funding in policy implementation. The authors summarize the strengths and weaknesses of research on state–local relationships and offer suggestions for future research questions.


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