scholarly journals The importance of people's control in the implementation of environmental rights: theoretical and legal aspect

2021 ◽  
pp. 40-43
Author(s):  
Halyna PRYSHLIAK
Keyword(s):  
Civil Society ◽  
The State ◽  
Theory And Practice ◽  
Necessary Condition ◽  
Legal Institution ◽  
Public Authorities ◽  
Theoretical Understanding ◽  
Environmental Rights ◽  
Public Control ◽  
The People

The problem of people's control, the importance of which is indisputable for the implementation of environmental rights in the state, is one of the most complex, significant and fundamental issues in the theory of state and law. Theoretical understanding and development of practical recommendations for solving this problem is a necessary condition for effective scientific management of social processes. Discovering the essence of the concept of "people's control" as a fundamentally new legal category for domestic science, as well as solving a number of other problems of theory and practice of such control requires a thorough study of its formation as a separate independent legal institution and approval and improvement of its forms. It should be noted that the control of the people is one of the types of public control, which consists in monitoring citizens over the activities of public authorities, their officials, as well as analysis and verification of these activities, aimed at preventing, detecting and stopping actions that cause violations and legitimate human interests, including environmental. In addition, control is an important factor in the formation of civil society and the element that ensures the relationship between government and the people, which in turn is a necessary condition for building a democratic and legal state. Thus, it can be noted that all the mentioned authors consider only certain areas of people's control, bypassing such an important factor as recognizing it as a separate independent legal institution that has an important impact on the implementation of rights, including environmental. The actualization of this provision is especially intensified in view of the fact that the process of institutionalization of civil society is underway in Ukraine, and the turbulent events of political life give it certain impulses. Thus, the importance of people's control in various spheres of state and public activity, including environmental, is not in doubt, and its level corresponds to the development of democracy, civil society institutions, their impact on public authorities. Public control is designed to increase the responsibility of the state to citizens for its decisions and for the achievement of state obligations, as well as to ensure the proper exercise of rights and freedoms, including environmental.

scholarly journals Crime and corruption prevention objects

2021 ◽  
Vol 2 (20) ◽  
pp. 12
Author(s):  
S. Yu. Lukashevych
Keyword(s):  
Crime Prevention ◽  
Local Governments ◽  
Social Reality ◽  
The State ◽  
Theory And Practice ◽  
Prevention Measures ◽  
Public Authorities ◽  
Theoretical Understanding ◽  
Corruption Prevention ◽  
Object Of Crime

Under today’s conditions, humanity and all social and state formations, including Ukraine, as part of the world order, is experiencing many changes: we are in a radically new political, economic, spiritual and ideological situation compared to the end of the twentieth century; its main features are socio-economic stagnation, political, cultural, educational and moral-psychological uncertainty, activation of old and the emergence of new stressors at the level of both individual and group (and even mass) consciousness. The complexity and contradictions of socio-economic and political development of our country necessitate the theoretical understanding and development of scientifically sound tools with which to make more effective the process of social interaction, non-criminogenic development of society, crime prevention and counteraction. Without theoretical knowledge that directly serves a specific state-building practice, it is impossible to fulfill a strategic task - to build a democratic state and civil society in Ukraine. Scientists rightly point out that the current criminal situation is characterized by new types of crime, dynamism of development, unpredictability of changes, spread of organized forms and professionalism and the inability of the state to resist corruption necessitates the effectiveness of the fight against crime. The purpose of this article is to study the objects of crime and corruption prevention, to determine their essential characteristics and to separate them from other objects of social reality. The methodological basis of the work is the dialectical method, the application of which allows to study the object and subject of research in their epistemological unity, relationship, as well as differences. The technique used in writing the article consists of several basic methods of scientific knowledge. Using the historical method, historical and general theoretical questions of the essence of the object of crime prevention and corruption are clarified. The use of methods of analysis and synthesis made it possible to separate the objects of prevention from other objects of social reality - this was also facilitated by the use of the structural-functional method. These methods also allowed to investigate the theoretical views on the nature and elements of the object of crime and corruption prevention. The logical-semantic method was used to determine the relationships and mutual influences of crime prevention and corruption objects with other objects. Scientific abstraction and generalization of scientific and theoretical information as a process of establishing general properties and signs, allowed to reach and formulate final conclusions on the subject of research. Based on the considerations set out in the article, it can be noted that the objects of preventive influence on the prevention of crime and corruption are negative phenomena and processes of reality of material or spiritual nature, which lead to causes and conditions conducive to crime. This should keep in mind the properties that are common to such objects, namely: criminogenicity; dynamism; potentiality; latency. Separate objects are objects of victimological influence. Information sources of various origins are covered, which testify to the origins of mass, group, individual victimization and the presence of dangerous victimhood at these levels, to which the theory and practice of victimological crime prevention are directed. , and the special objects of victimological prevention are social and psychological factors of victimization and victimhood as objects of preventive victimological influence at the individual level. Specific objects are the objects of influence in the prevention of corruption, which include: corruption-causing factors; corruption risks in the activities of public authorities, local governments, legal entities of public and private law and their officials; illegal behavior of officials and officials of public authorities and local governments. Thus, a deep and comprehensive knowledge of the nature of criminogenic objects, their scientific, historical and epistemological research will serve as a basis for understanding the danger of this social phenomenon and finding appropriate effective methods, tools and measures to influence it. The state must prevent crime by influencing certain criminogenic objects, which in essence will be the object of crime and corruption prevention at various levels of preventive activities – general social, special criminological, individual, as well as in the implementation of victim prevention measures

Domestic Colonies

2017 ◽  
Author(s):  
Barbara Arneil
Keyword(s):  
Civil Society ◽  
Political Theory ◽  
Mentally Ill ◽  
Abraham Lincoln ◽  
The State ◽  
Theory And Practice ◽  
Civil Society Organizations ◽  
Alexis De Tocqueville ◽  
Modern History ◽  
Peter Kropotkin

Colonization is generally defined as a process by which states settle and dominate foreign lands or peoples. Thus, modern colonies are assumed to be outside Europe and the colonized non-European. This volume contends such definitions of the colony, the colonized, and colonization need to be fundamentally rethought in light of hundreds of ‘domestic colonies’ proposed and/or created by governments and civil society organizations initially within Europe in the nineteenth and first half of the twentieth centuries and then beyond. The three categories of domestic colonies in this book are labour colonies for the idle poor, farm colonies for the mentally ill, and disabled and utopian colonies for racial, religious, and political minorities. All of these domestic colonies were justified by an ideology of domestic colonialism characterized by three principles: segregation, agrarian labour, improvement, through which, in the case of labour and farm colonies, the ‘idle’, ‘irrational’, and/or custom-bound would be transformed into ‘industrious and rational’ citizens while creating revenues for the state to maintain such populations. Utopian colonies needed segregation from society so their members could find freedom, work the land, and challenge the prevailing norms of the society around them. Defended by some of the leading progressive thinkers of the period, including Alexis de Tocqueville, Abraham Lincoln, Peter Kropotkin, Robert Owen, Tommy Douglas, and Booker T. Washington, the turn inward to colony not only provides a new lens with which to understand the scope of colonization and colonialism in modern history but a critically important way to distinguish ‘the colonial’ from ‘the imperial’ in Western political theory and practice.

scholarly journals Jan Sobieski’s latifundium and the soldiers (1652-1696)

2020 ◽  
Vol 1 (1) ◽  
pp. 62-69
Author(s):  
Magdalena Ujma
Keyword(s):  
Economic Activity ◽  
Military Service ◽  
18Th Century ◽  
Geographic Location ◽  
The State ◽  
Necessary Condition ◽  
Economic Market ◽  
The People ◽  
Actual Strength ◽  
The Military

Abstract An analysis of the relationship between Jan III Sobieski and the people he distinguished shows that there were many mutual benefits. Social promotion was more difficult if the candidate for the office did not come from a senatorial family34. It can be assumed that, especially in the case of Atanazy Walenty Miączyński, the economic activity in the Sobieski family was conducive to career development. However, the function of the plenipotentiary was not a necessary condition for this. Not all the people distinguished by Jan III Sobieski achieved the same. More important offices were entrusted primarily to Marek Matczyński. Stanisław Zygmunt Druszkiewicz’s career was definitely less brilliant. Druszkiewicz joined the group of senators thanks to Jan III, and Matczyński and Szczuka received ministerial offices only during the reign of Sobieski. Jan III certainly counted on the ability to manage a team of people acquired by his comrades-in-arms in the course of his military service. However, their other advantage was also important - good orientation in political matters and exerting an appropriate influence on the nobility. The economic basis of the magnate’s power is an issue that requires more extensive research. This issue was primarily of interest to historians dealing with latifundia in the 18th century. This was mainly due to the source material. Latifundial documentation was kept much more regularly in the 18th century than before and is well-organized. The economic activity of the magnate was related not only to the internal organization of landed estates. It cannot be separated from the military, because the goal of the magnate’s life was politics and, very often, also war. Despite its autonomy, the latifundium wasn’t isolated. Despite the existence of the decentralization process of the state, the magnate families remained in contact with the weakening center of the state and influenced changes in its social structure. The actual strength of the magnate family was determined not only by the area of land goods, but above all by their profitability, which depended on several factors: geographic location and natural conditions, the current situation on the economic market, and the management method adopted by the magnate. In the 17th century, crisis phenomena, visible in demography, agricultural and crafts production, money and trade, intensified. In these realities, attempts by Jan III Sobieski to reconstruct the lands destroyed by the war and to introduce military rigor in the management center did not bring the expected results. Sobieski, however, introduced “new people” to the group of senators, who implemented his policy at the sejmiks and the Parliament, participated in military expeditions and managed his property.

CIVIL SOCIETY AS THE MAIN DRIVER SUSTAINABILITY OF COMMUNITIES IN CONDITIONS OF DECENTRALIZATION

2017 ◽  
Author(s):  
Alla Orlova ◽  
Keyword(s):  
Civil Society ◽  
National Security ◽  
Financial Stability ◽  
Local Level ◽  
The State ◽  
Community Sustainability ◽  
Strategic Decisions ◽  
Public Authorities ◽  
Business Structures ◽  
The Impact

The article considers a set of issues related to the formation of sustainability in the state at different levels of government: national, regional and local, with an emphasis on the sustainability of territorial communities. The concept of "sustainability" is defined, the criteria of sustainability for national security and its components at the local level are analyzed, in particular, in the formation of affluent communities. Sustainability is considered in various aspects: as a component of national security and defense of the state, in relation to the concepts of "cohesion" and "national security". Financial stability is justified as an important sign of the viability of local communities. The role of civil society in shaping the sustainability of communities is revealed, as well as different views of scientists on the impact of civil society on sustainability are analyzed. The foreign experience of implementation of the basic principles of sustainability in the life of communities is studied. The most important component of sustainability is the ability of the community to consolidate to counteract harmful and dangerous external and internal influences. Open partnership of public authorities with business structures and the public should be a prerequisite for this. It is proved that in the conditions of decentralization and various internal and external challenges, civil society (active citizens and civil society institutions) can and should be a driver of community sustainability. It is assumed that the implementation of state policy to promote the development of civil society should create a solid foundation of democracy in Ukraine as a component of national sustainability. Since the systemic mechanisms for ensuring national sustainability in the Ukrainian state at both national and local levels are not yet fully formed, the development and implementation of comprehensive strategic decisions in this area requires proper scientific substantiation, which is why the author’s contribution to this topic.

scholarly journals Role of political parties in modern processes of state building in Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 7-12
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Local Governments ◽  
Political Power ◽  
State Building ◽  
The Political ◽  
Public Authorities ◽  
The People ◽  
Problematic Situations

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.

scholarly journals Virtuosity, Processual Democracy and Organised Networks

2013 ◽  
Vol 11 (2) ◽  
pp. 110-128
Author(s):  
Ned Rossiter
Keyword(s):  
Civil Society ◽  
Political Institutions ◽  
The State ◽  
The People ◽  
Agonistic Democracy

I start with the premise that the decoupling of the state from civil society and the reassertion of the multitudes over the unitary figure of ‘the people’ coincides with a vacuum in political institutions of the state. Against Chantal Mouffe’s promotion of an ‘agonistic democracy’, I argue that the emergent idiom of democracy within networked, informational settings is a non- or post-representative one that can be understood in terms of processuality. I maintain that a non-representative, processual democracy corresponds with new institutional formations peculiar to organised networks that subsist within informationality.

Civil society, oil and conflict in the Niger Delta region of Nigeria: ramifications of civil society for a regional resource struggle

2001 ◽  
Vol 39 (3) ◽  
pp. 437-469 ◽  
Author(s):  
Augustine Ikelegbe
Keyword(s):  
Civil Society ◽  
Multinational Corporations ◽  
Niger Delta ◽  
The State ◽  
Self Determination ◽  
Delta Region ◽  
Environmental Rights ◽  
Niger Delta Region

Civil society has been associated with challenges and popular struggles for state and democratic reforms. Though these may relate to the articulation of substantive ethnic, regional and communal demands, few studies have addressed the dynamics and ramifications of their engagement in struggles other than democratisation. This study focuses on the ramifications of the entrance of civil society into a regional resource agitation in the Niger Delta region of Nigeria. The study finds that civil society has flowered, taken over and escalated the struggle and constructed itself into a solid formation of regional resistance. Civil groups have reconstructed the agitation into a broad, participatory, highly mobilised and coordinated struggle and redirected it into a struggle for self-determination, equity and civil and environmental rights. The study denotes the roles that civil society can play in the sociopolitical process and reveals the dynamics of their encounters with the state and multinational corporations.

Protecting the Right of Local Self-Government

2005 ◽  
Vol 38 (4) ◽  
pp. 897-922 ◽  
Author(s):  
Warren Magnusson
Keyword(s):  
Civil Society ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Société Civile ◽  
The Right

Abstract.Many people in Canada are frightened by the right of local self-government, because they are afraid of the privatization of public authority. This article suggests that municipalities can be otherwise conceived, and that a right of local self-government can be vindicated without impairing the capacity of the state or encouraging a debilitating privatism. The key is to understand that municipalities can be non-exclusive public authorities, on a different register from the state or civil society.Résumé.La crainte de la privatisation des pouvoirs publics mène de nombreux Canadiens et Canadiennes à redouter le droit à l'autonomie gouvernementale locale. Cet article suggère qu'il est possible d'envisager les municipalités autrement, et qu'on peut justifier le droit à l'autonomie gouvernementale locale sans faire entrave aux compétences de l'État et sans encourager un privatisme débilitant. L'important est de comprendre que les municipalités peuvent exercer un pouvoir public non exclusif dans leur propre zone de compétence, jouant sur un registre différent de celui de l'État ou de la société civile.

scholarly journals From Anarchism to State Funding

2020 ◽  
Vol 43 (4) ◽  
pp. 597-631
Author(s):  
Jessica Wardhaugh
Keyword(s):  
The State ◽  
State Funding ◽  
Theory And Practice ◽  
Fin De Siecle ◽  
Political Actors ◽  
Common Concern ◽  
The People ◽  
The Common ◽  
Bourgeois Culture ◽  
The Relationship

Abstract In 1896 Louis Lumet despised the state and openly yearned for a “red messiah” to sweep away bourgeois culture and politics. By 1904 he was receiving state funding. This article unravels the paradox of his trajectory by focusing on the common concern that eventually united his interests with those of republican governments: the relationship between art and the people. Drawing on hitherto unknown writings by Lumet himself, as well as on little-used archives, the article explores Lumet's anarchist persona and connections in fin de siècle Paris, charts his involvement in the Théâtre d'Art Social and the Théâtre Civique, and examines his role in the state-supported Art pour Tous. The final discussion reveals areas of conflict and convergence in the perception of the people as political actors by both anarchists and the state, raising questions about the theory and practice of cultural democratization. En 1896, Louis Lumet souhaitait l'effondrement de l'Etat et l'apparition d'un Messie rouge qui balaierait et la culture et la politique bourgeoises. En 1904, il était subventionné par l'Etat. Cet article dévoile le mystère de ce personnage en interrogeant la relation entre l'art et le peuple qui attirait l'attention de Lumet ainsi que des gouvernements de la Troisième République. En s'appuyant sur les écrits peu connus de Lumet lui-même, ainsi que sur des documents d'archives, l'article met en évidence le rôle de Lumet dans les milieux anarchistes. Il retrace sa contribution aux initiatives comme le Théâtre d'art social et le Théâtre civique, et sa participation à l'Art pour tous (avec le soutien de l'Etat). Cette étude fournit la base d'une discussion plus approfondie sur la démocratisation culturelle, où les perspectives anarchistes et officielles se trouvent parfois étrangement rapprochées.

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