scholarly journals Functioning and development of civil society under constitutional basis

Author(s):  
Danylo Akulenko

This article was studied the сonstitutional norms for civil society, which, in the author's view, should be the doctrinal basis for its functioning. The question arises because of the critical need of society in legal and political movements for a European model of relations between the state and the citizen, the urgency is determined not only by the author’s personal convictions, but also by the unstable situation inside the Ukrainian politics, according to which only anti-democratic pseudosocial post-Soviet movements have unity and one point of view. In such conditions, the uncertainty of the Basic Law does not leave an opportunity to develop new, more effective legal norms that could increase the effectiveness of civil society. The scientific basis for this article were the works of V. Batanov, A. Krusyan, N. Onishchenko, T. Podorozhna, S. Petkov, O. Skripniuk, S. Sunegin, Y. Shemshuchenko. The aim of the work is to study the possible instruments of constitutional influence to achieve the ultimate goal of each democratic and legal state - building an effective civil society with a self-regulatory function. The analysis of the real situation inside the country shows that the level of efficiency of civil society is currently critically low. Indicators of this are the following negative socio-legal phenomena: - legal and political nihilism; - the dependence of the media on the so-called "tycoons"; - a small number of non-state entities of legal relations (organizations, foundations, unions, associations, federations, consumer societies, etc.) especially in sparsely populated rural areas; - low level of labor protection and social guarantees; - ineffective financing of political movements, parties and youth party cells; - low level of civil self-identification in certain regions of the country; - ineffective distribution of financial resources to state monopolies, which are unprofitable to preserve employment. This article provides possible ways of overcoming problems which can positively affect the further development of interaction between society and the state with an integrated approach to their implementation and strike a balance between state influence and civil pressure, the purpose of which is to ensure a decent level of protection of the rights, freedoms and interests of citizens.

2020 ◽  
Vol 10 ◽  
pp. 18-22
Author(s):  
Aleksandr V. Averin ◽  
◽  
Irina V. Pogodina ◽  
Danila A. Avdeev ◽  
◽  
...  

Governments are showing an interest in, or incorporating, gamification into their governance processes and/or services to citizens. The article describes the concept of gamification, examines its potential from the point of view of using elements of the game in public administration, for example, on the websites of authorities and special platforms, as well as in offline mode. The conclusion is made about the goals of introducing gamification into the practice of public authorities. The state administration can not only be the author of these projects, but also assist civil society institutions (public associations, citizens) in their development.


2018 ◽  
Vol 22 (5) ◽  
pp. 56-72
Author(s):  
Yu.  N.  Vorob’ev ◽  
L.  M.  Borshch

The purpose of our study was to substantiate theoretically and applied integrated approaches to the functioning and development of the fnancial system in the context of the state fnancial policy under the international sanctions. The study has been based on the theory of fnance, the dialectical method, and scientifc argumentation. We used a systemic approach, historical and economic-statistical methods as well. The authors substantiate the important scientifc direction of the modern fnancial system — modernization and progressive development and determine the consolidating functions of the state fnancial regulation, aimed at eliminating the imbalance, including new approaches to fnancing the budget defcit at the expense of borrowed funds. New approaches to macroeconomic orientation form new opportunities for modern modifcations in the fnancial system. On the basis of scientific arguments, the authors showed that although the federal budget of Russia plays a key role in the development of the fnancial system and the fnancial market, and the state fnancial policy acts as a macroeconomic regulator, the fnancial system of Russia develops on the basis of its own laws arising within it. The authors substantiate the point of view that the state fnancial policy is aimed at revealing the diversity of the functions of money circulation. This has an impact not only on social reproduction but also on the functioning and development of the fnancial system as a whole. The public fnancial policy should take into account the peculiarities of the functioning and development of the fnancial system in the context of constantly occurring macro-, meso-, and microeconomic processes. Of course, this will allow applying new approaches to modern changes in the fnancial system, and will also indicate the existence of a communicative convergent market, which is a sign of the formation of a “market of symbolic exchange of signs”, and hence of the new monetary changes.


Author(s):  
Rômulo Leite Amorim ◽  
Vânia De Vasconcelos Gico

ResumoDiscute-se como vem sendo elaborada uma nova estratégia de planejamento no Estado da Paraíba, envolvendo a participação da sociedade civil. Aponta-se como objetivo: verificar qual a estratégia de gestão que se desenvolve na Paraíba e quais os princípios que norteiam o Orçamento Democrático Estadual? Desenvolve-se como aporte teórico as teorias sobre a democracia defendida por Avritzer, sobre participação, descentralização e sociedade civil em Dagnino e Jacobi, bem como as teorias da administração de Trigueiro, Costin, e Kanaane. O estudo realizado permitiu compreender que o Planejamento Estratégico elaborado pelo Governo do Estado da Paraíba, modifica a visão tradicional da administração pública, ao incentivar e criar um instrumento de participação da sociedade na discussão das leis orçamentárias. Por fim, através do caso referenciado, vislumbra-se como a democracia participativa enquanto instituição política pode interferir na vida do Estado, mudando sua organização e seu modo de agir em relação aos cidadãos e cidadãs. Palavras-chave:Orçamento Democrático Estadual–PB. Democracia Participativa- PB. Planejamento Estratégico Estadual- PB. **********************************************************************Budget of the democratic state:a strategy for public management AbstractAn analysis is presented of how a new planning strategy has been developed in the state of Paraiba, with the participation of civil society. The objective is to verify what has been the management strategy developed in Paraiba and the principles that rule democratic provincial budget. As a theoretical contribution, Avritzer’s theory of democracy, Dagnino’s and Jacobi’s theory of participation, decentralization and civil society, and Tariq’s, Costin’s and Kanaane’s theory of administration are developed.The study allowed us to understand that the strategic plan prepared by the Government of State of Pariba changes the traditional point of view of public administration, to foment and create a participation tool society in the discussion of budget law. Lastly, through the reference case, it is apparent how participative democracy as political institution can interfere in the life of the State, changing its organization and mode of action in relation with the citizens.   Key words:Provincial democratic budget, Participative democracy, Provincial strategic planning. **********************************************************************  Presupuesto del estado democrático:una estrategia para la gestión pública ResumenSe analiza cómo se ha desarrollado una nueva estrategia de planificación en el estado de Paraiba, con la participación de la sociedad civil. Se señala como objetivo verificar cual ha sido la estrategia de gestión que se ha desarrollado en Paraíba y los principios que rigen el presupuesto democratico provincial. Se desarrolla como aporte teórico las teorías  de Avritzer sobre la democracia,  de Dagnino y Jacobi sobre la participación, descentralización y sociedad civil y de Tariq, Costin y Kanaane, sobre la administración.El estudio permitió entender que el plan estratégico elaborado por el Gobierno del Estado de Paraiba, cambia el punto de vista tradicional de la administración pública, para fomentar y crear una sociedad con la herramienta de la participación en la discusión de la ley de presupuestos. Por último, a través del caso de referencia, se ve como la democracia participativa como institución política puede interferir en la vida del Estado, cambiando su organización y modo de acción en relación con los ciudadanos. Palabras clave: Presupuesto Democrático Provincial- PB. Democracia Participativa- PB. Planificación Estratégica Provincial- PB. 


Religions ◽  
2019 ◽  
Vol 10 (4) ◽  
pp. 230
Author(s):  
Veena Howard

This paper focuses on the branch of Santmat (thus far, unstudied by scholars of Indian religions), prevalent in the rural areas of Bihar, India. Santmat—literally meaning “the Path of Sants” or “Point of View of the Sants”—of Bihar represents a unique synthesis of the elements of the Vedic traditions, rural Hindu practices, and esoteric experiences, as recorded in the poetry of the medieval Sant Tradition. I characterize this tradition as “Santmat of Bihar” to differentiate it from the other branches of Santmat. The tradition has spread to all parts of India, but its highest concentration remains in Bihar. Maharishi Mehi, a twentieth-century Sant from Bihar State, identifies Santmat’s goal as śānti. Maharishi Mehi defines Śānti as the state of deep stillness, equilibrium, and the unity with the Divine. He considers those individuals sants who are established in this state. The state of sublime peace is equally available to all human beings, irrespective of gender, religion, ethnicity, or status. However, it requires a systematic path. Drawing on the writings of the texts of Sanātana Dharma, teachings of the Sants and personal experiences, Maharishi Mehi lays out a systematic path that encompasses the moral observances and detailed esoteric experiences. He also provides an in-depth description of the esoteric practices of divine light (dṛṣti yoga) and sound (surat śabda yoga) in the inner meditation. After providing a brief overview of the history and distinctive features of Santmat of Bihar, this paper will focus on the specifics and unique interpretations of the four structural principles of the tradition: Guru (spiritual teacher), dhyān (inner path of mediation), satsaṅg (spiritual discourses or congregating practitioners for meditation or study), and sadācār (moral conduct). Through a close analysis of textual sources, Sants’ oral discourses that I translated, as well as insights from my participant-observant experiences, I will examine how the four elements reorient the practitioner from the mundane world to the sacred inner experience of śānti.


Author(s):  
Jean L. Cohen

In modern social and political philosophy civil society has come to refer to a sphere of human activity and a set of institutions outside state or government. It embraces families, churches, voluntary associations and social movements. The contrast between civil society and state was first drawn by eighteenth-century liberals for the purpose of attacking absolutism. Originally the term civil society (in Aristotelian Greek, politike koinonia) referred to a political community of equal citizens who participate in ruling and being ruled. In the twentieth century the separation of philosophy from social sciences, and the greatly expanded role of the state in economic and social life, have seemed to deprive the concept of both its intellectual home and its critical force. Yet, approaching the end of the century, the discourse of civil society is now enormously influential. What explains the concept’s revival? Does it have any application in societies that are not constitutional democracies? From a normative point of view, what distinguishes civil society from both the state and the formal economy?


2020 ◽  
Author(s):  
Aleksandr Bratko

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.


2021 ◽  
Vol 1 (91) ◽  
pp. 37-46
Author(s):  
Iveta Golta

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.


Author(s):  
Petr V. Klenin

The article deals with the historical and philosophical examination of the educational concepts by Plato and Fichte. The philosophers selected for comparative studies present a view of education as an engine of political changes, that`s why the article emphasizes philosophical explication of their positions. Plato’s and Fichte’s views on the problem of education are different as they both lived in different époques, but they were times of crisis. However, their loyalty to the societal ideal, the purpose of rethinking the value of education in the state, make it possible to compare their teachings. Education in Plato’s philosophy aims to change the state fundamentally, when education in Fichte’s philosophy contributes to its transformation. The specific pedagogical procedures established by both philosophers are in focus of this article and are important for understanding the relationship of philosophy and education. Thus, Plato proposes to divide pedagogical tasks in accordance with inequality of social estates, while Fichte considers education as a national project for civil society. The relevance of this problem stems from modern appeals to reform the education system depending on political and social problems, but philosophers approach this issue from а different point of view and it is important to trace the peculiarities of this approach in light of history of Philosophy.


Author(s):  
A. V. Tonkovidova

The article studies the problem of the theoretical foundations for the definition and construction of humanitarian criteria for social innovation. The actual components of this problem of implementing social innovations in a number of areas of activity, both of the state and civil society, are examined. The possible grounds for determining the humanitarian criteria for social innovation are highlighted: immanent and transcendental. The utilitarian approach is presented in its various historical actualizations as a possible theoretical basis for the humanitarian criteria of social innovation. The positive and negative sides of certain forms of utilitarianism, as a theoretical basis for creating effective criteria for social innovation, are revealed. As a result of the study of the problem, it was determined that the humanitarian criterion of social innovation should include an integrated approach that combines a utilitarian approach and a functional approach.


2019 ◽  
Vol 7 (4) ◽  
pp. 36-40
Author(s):  
Igor Tushkanov

The article analyzes the works of Russian political and legal thinkers of the protective direction of the XIX-XX centuries, which expressed their point of view on civil society and its role in the development of the state. The author makes a reasonable conclusion that the majority of state security experts supported the active participation of civil society structures and individual citizens in monitoring the activities of state authorities.


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