Legal policy and legal culture

2021 ◽  
Author(s):  
Marina Haustova
Keyword(s):  
Civil Rights ◽  
Information Society ◽  
Effective Means ◽  
Modern Society ◽  
Legal Culture ◽  
Social Dimension ◽  
Modern World ◽  
Main Body ◽  
Legal Policy ◽  
Stage Of Development

Problem setting. The current stage of world development is characterized by the deepening of the processes of integration of political, economic, cultural life of the world. The term “globalization” has come into wide use as a characteristic of the formation of a single planetary society. Target of research is to highlight the main provisions of the dynamic system of knowledge about the information society, the legal policy of the country as a tool for legal development of modern society. Analysis of resent researches and publications. The issue of correlation between legal policy and legal culture has been analysed by V.D. Zorkin, A.V. Malko, V.A. Zatonsky, I.V. Yakovyuk and others. Articles main body. The article states that the implementation of effective legal policy at the present stage of development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening the rule of law, information society, digital competitive market economy, ensuring human and civil rights and freedoms. It is emphasized that the social dimension of globalization is studied in terms of the possibility of building a global civil society with common values and ideological attitudes, a high level of social mobility, the emergence of global culture and the globalization of public consciousness. The concept of digital society and its principles are analyzed. It is determined that legal policy is a reflection of the fact that the law itself should act as a way of building, arranging the modern world. The connection between legal policy and legal culture is emphasized Conclusions.and prospects for the development. It is concluded that legal policy, which is based on the legal culture of society and the individual, is an effective means of organization, a way of organizing the legal life of society. It is the state that must take on the roles of leader and experimenter, regulator and defender and promoter of digital transformations in Ukraine.

Human rights in information society in the context of globalization

2021 ◽  
pp. 91-103
Author(s):  
Marina Haustova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Modern Society ◽  
Legal Regulation ◽  
Modern World ◽  
Main Body ◽  
The World ◽  
New Challenges ◽  
Legal Globalization ◽  
The Impact

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

INFORMATION SOCIETY IN THE CONTEXT OF LEGAL CULTURE

2021 ◽  
Vol 6 (7) ◽  
pp. 5-18
Author(s):  
Igor Kudryavtsev ◽  
Keyword(s):  
Information Exchange ◽  
Information Society ◽  
Human Life ◽  
Modern Society ◽  
Legal Culture ◽  
Social Connections ◽  
Joint Activities ◽  
Modern Information ◽  
The Creation

This article explores the modern information society as a stage in the development of civilization, is a historically established form of joint activities of people, based on ensuring the priority of information over other resources, as well as on the prevailing use of information and telecommunication technologies for solving the basic tasks of human life and the formation of social connections. Recently, it has become common to characterize modern society as information society. An information society is a society in which each of its members is provided with the opportunity provided by law to be a participant in information exchange through the creation of information institutions for the most effective and full-fledged development.

scholarly journals Freedom and Independence During the Pandemic

2021 ◽  
pp. 39-47
Author(s):  
Svetlana Dimitrova ◽  
Kristina Ovdina
Keyword(s):  
Civil Rights ◽  
Effective Means ◽  
The State ◽  
Modern World ◽  
Bare Life ◽  
Life And Death ◽  
Responsible Attitude ◽  
To Come ◽  
Effective Development ◽  
Restrictive Measures

The scale and the speed of the spread of the new coronavirus strain and economic crises associated with it are becoming the reason to rethink the essential features and ways of interaction between freedom and independence. The aim of the research is to consider new and evaluate the significance of traditional approaches to defining independence and freedom. The authors analyze the mechanisms of the formation and development of biopower, the effectiveness of which is manifested in the possibility of turning people into "obedient bodies" (M. Foucault) and reducing human existence to the state of "bare life" (J. Agamben).The researchers emphasize that the highest form biopower manifestation, arose due to the effective development of medicine, became the possibility of transforming life and death into political concepts that require a "special solution". Therefore, the restrictive measures that arose during the spread of COVID-19 cannot be considered as a manifestation of total forms of addiction are established by biopolitics. The research allows the authors to come to the conclusion that the impossibility of achieving freedom and the loss of independence arise in the process of consistent implementation of the individualistic ideals. The results of the study contain a few contradictions identified by the authors. First of all, the development of biopower points that the concern for people's health enables the State to penetrate and manage all spheres of an individual's existence including issues of life and death. Biopolitics does not contribute to the establishment and development of civil rights, but creates effective means for reducing people to a state of "bare life". In the spread of COVID-19 the contradiction of following the individualistic ideals became obvious. Risks and threats that have a global character are confronted by a person unwilling to take responsibility. The revealed contradictions lead to the conclusion that a condition to maintain independence and achieve freedom in the modern world can be the formation of the new types of solidarities that make it possible to overcome the autonomy of existence and develop a responsible attitude to what is happening in the world.

scholarly journals Legal Policy of the Republic of Kazakhstan in Counteracting Terrorism and Religious Extremism

2021 ◽  
Vol 15 (4) ◽  
pp. 476-483
Author(s):  
Zaure Ayupova ◽  
Аliya Seralieva ◽  
Bakhytzhan Saparov
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Modern World ◽  
Main Body ◽  
Legal Policy ◽  
Religious Ideology ◽  
Religious Extremism ◽  
State Governance ◽  
The Republic ◽  
Key Indicators

The article discusses the problems of legal policy of the Republic of Kazakhstan aimed at counteracting terrorism and religious extremism. The goal of research is the development of political and legal mechanisms of preventing terrorism and religious extremism in modern Kazakh society, the analysis of key reasons behind the spread of extremist attitudes among some believers, the study of key factors behind the extremist religious ideology. The methodological basis of this research is the dialectic method freed from materialistic or idealistic monism and grounded in pluralistic, multi-linear interdependence of all political and legal phenomena. The authors used formal-legal and comparative-legal methods. They researched the State Program of Counteracting Religious Extremism and Terrorism in the Republic of Kazakhstan in 2018–2022, which foresees predominantly preventive measures. The key task of ensuring state security in a rule-of-law state with a well-developed legal system, which the Republic of Kazakhstan is, mainly consists in the development and successful enforcement of legal mechanisms of governance. In the modern world, religious and political extremism remains a phenomenon that destroys the basis of state power and the system of state governance, instigates hatred of representatives of other religious denominations, and contradicts the standards of morality and public behavior. Terrorism and religious extremism are a real threat to stability not only for the Republic of Kazakhstan, but for all countries of the world. The improvement of basic aspects in the criminal sphere, including the prevention of specific terrorism-related crimes, remains very topical today. The classification of criminal law norms connected with counteracting terrorism and religious extremism is based on a number of key indicators of criminal policy and fundamental criminal law institutes, whose description constitutes the main body of this article.

scholarly journals Features of the impact of crisis phenomena on the educational process in modern society

2021 ◽  
pp. 64-73
Author(s):  
Юрий Семенович Исаченко ◽  
Алексей Анатольевич Прядехо ◽  
Александр Павлович Тонких
Keyword(s):  
Social Relations ◽  
Dominant Role ◽  
Modern Society ◽  
Educational Process ◽  
Modern World ◽  
Teaching Staff ◽  
Stage Of Development ◽  
Younger Generation ◽  
The Individual ◽  
The Impact

Процесс воспитания и становления личности на современном этапе развития общества необходимо рассматривать в совокупности всех общественных процессов, которые неразрывно связаны в своем взаимосуществовании. Нежелание или неспособность субъектов социальных отношений видеть в личности абсолютную цель любого социального взаимодействия активизирует первоначальное противоречие между свободой и необходимостью, проявляющееся внешне в конфликте между индивидуумами в социальном конфликте. Его преодолевает приверженность моральному долгу и уважение к социальным нормам. Секрет ориентации на такого рода отношения достаточно прост: современный образовательный процесс – это феномен социальной культуры, который можно представить как процесс культурного образования или процесс личной инкультуры. В современном социуме был сформирован положительный стереотип школьной жизни: учитель соответствовал образу самого уважаемого человека – за его знания, мудрость, доброту и другие личностные качества. Этому способствовало как общество в целом (в первую очередь государственная пропаганда, в которой учителю отводилась главенствующая роль), так и конкретные педагогические работники. Люди четко представляли цель своей жизни и способы ее достижения. Причем эти способы не отражались негативом своего достижения на окружающих. В работе анализируется влияние средств массовой информации, кинематографа, эстрады на состояние воспитанности подрастающего поколения, выявлены последствия воздействия современного медиаресурса на формирование поведения и самосознания подрастающего поколения в современном мире. The process of education and formation of the individual at the present stage of development of society must be considered in the totality of all social processes that are inextricably linked in their mutual existence. The unwillingness or inability of the subjects of social relations to see in the individual the absolute goal of any social interaction activates the initial contradiction between freedom and necessity, which manifests itself externally in a conflict between individuals in a social conflict. It is overcome by a commitment to moral duty and respect for social norms. The secret of orientation to this kind of relationship is quite simple: the modern educational process is a phenomenon of social culture, which can be represented as a process of cultural education or a process of personal inculturation. In modern society, a positive stereotype of school life was formed: the teacher corresponded to the image of the most respected person – for his knowledge, wisdom, kindness and other personal qualities. This was facilitated both by society as a whole (first of all, by state propaganda, in which the teacher was given a dominant role), and by specific teaching staff. People had a clear idea of the purpose of their life and how to achieve it. Moreover, these methods were not reflected by the negative of their achievement on others. The paper analyzes the influence of mass media, cinema, pop music on the state of upbringing of the younger generation, reveals the consequences of the impact of modern media resources on the formation of behavior and self-consciousness of the younger generation in the modern world.

Power as a Source of Risk

2021 ◽  
pp. 5-23
Author(s):  
VICTOR BURLACHUK
Keyword(s):  
Nuclear Energy ◽  
Effective Means ◽  
Modern Society ◽  
Social Dimension ◽  
Industrial Society ◽  
Public Insurance ◽  
Current State ◽  
The World ◽  
Private And Public ◽  
The Subject

The problem of risk connected with the power administration requires a rethinking of traditional ideas about power. Its images of law and sovereignty, disciplinary domination within the framework of modern forms of government need to be rethought. The information theory of power developed by N. Luhmann and the concept of governmentality of M. Foucault are directed against the ideology of the subject, where the ruling subject is one of the effective means and images of power. For both Foucault and Luhmann, power is immanent in its own manifestations, it is synchronous with all transformations in the macrostructures of society and is not outside, but inside. For Luhmann, the risk of power is the risk of a decision. The topic of risk is not at all in the domain of the subject dimension; it must be sought in the state of the temporal and social dimension. However, modern society should present possible threats not in the risk mode, but in the danger mode. The problem is that it is impossible to identify false or correct decisions. Once the decision is made, the risk cannot be avoided. If there are no risk-free solutions, the multiplication of research and knowledge would not make it possible to move from risk to reliability. Luhmann's position is opposed by the followers of M. Foucault, who supplement the concept of government with the idea of reflexive control. Reflexive control abstracts from solution problems. For this direction, risk is a way of thinking about the world. Therefore, the task of management is to identify risky objects and accordingly coordinate management tasks and determine measures to eliminate or reduce the risk. The industrial society tried to protect itself by means of some kind of social contract against the dangers and damage generated by this society. A system of private and public insurance was established. Modern society questions the principle of insurance because it is unable to insure itself against the mega-hazards of nuclear energy or catastrophic climate change. The four pillars of "computable risks" are crumbling: compensation, constraint, security and computation. The risk has ceased to be calculable. Its incalculability characterizes the current state of society.

scholarly journals Socioinformation aspects of professional training of a student of a technical university.

2020 ◽  
Vol 12 (6) ◽  
pp. 93-100
Author(s):  
Dmitry V. Gulyakin ◽  
Keyword(s):  
Information Society ◽  
Professional Training ◽  
Modern Society ◽  
Professional Organization ◽  
Professional Activity ◽  
Modern Culture ◽  
Stage Of Development ◽  
Modern Development ◽  
Technical University ◽  
The University

The modern development of the social, informational and professional organization of society has led to a more dense integration of the university into the life of society. The integration of a modern technical university into the socio-cultural space requires that the activities of the university correspond to the development trends of modern culture, the emerging information society, economy, production and technology. The influence of culture, norms and values of society on the student substantiates the socio-humanitarian component of the training of students of a technical university. It also determines the socially acceptable trajectory of its technical projects, methods of their implementation and practical application. The task of an engineer at the present stage of development of the information society is not only the creation of technical mechanisms, devices and systems, but also ensuring their effective functioning in society. Today's reality is such that a modern specialist more and more must be able to independently include in the system of his activities the growing flow of social contacts and information, and not only professional ones, but also not directly related to professional activities. We are talking about the formation of a new quality and image of an engineer, adapted to the rapidly changing social and informational realities of modern society. As a result, a technical university should form an appropriate educational environment, including socio-informational aspects of the student's future professional activity.

Human rights in the digital age: Challenges, threats and prospects

2021 ◽  
Vol 28 (1) ◽  
pp. 15-23
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Relations ◽  
Socioeconomic Development ◽  
Personal Data ◽  
Digital Technologies ◽  
Modern Society ◽  
Stage Of Development ◽  
Digital Knowledge ◽  
The Right

The current stage of development of public relations is described by a rapid increase in digital technologies. Intensive development of science and active technological progress have become the main characteristic features of modern society. This has affected the specific features of people’s lives in society, the exercise of their rights and freedoms, and has become a catalyst for the development of a new category of human rights – “digital” rights. The purpose of the study is to analyse the main threats and challenges facing human rights and freedoms in the context of digitalisation, and to develop proposals on promising ways to protect against these threats. The study conducts a theoretical and legal research of problematic issues of the implementation of human rights in the context of mass digitalisation of public relations, indicates that the era of digital technologies provides completely new and qualitatively different opportunities for their implementation, but at the same time it creates new challenges and threats to ensure these rights and freedoms. It is noted that classical human rights and freedoms are being transformed, filled with new aspects and content, and branched out into those that are related to the digitalisation process. The results of digitalisation of many spheres of life require comprehension and adequate formulation of the legal mechanism for regulating, implementing, protecting the already existing and emerging human rights for the purpose of sustainable socioeconomic development, ensuring the implementation and protection of constitutional human and civil rights and freedoms. The study focuses on new rights such as the right to be forgotten, the right to anonymity, the right to protect personal data, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; rights to take part in property turnover in the digital sphere

scholarly journals CULTURE OF INTERETHNIC RELATIONS IN THE STRUCTURE OF HUMANITARIAN EDUCATION

2021 ◽  
Author(s):  
Y. V. Levcheniuk
Keyword(s):  
Ethnic Groups ◽  
Large Scale ◽  
Western Europe ◽  
Modern Society ◽  
The United States ◽  
Stable Set ◽  
Modern World ◽  
Interethnic Relations ◽  
Stage Of Development ◽  
The Individual

Goal. To carry out socio-philosophical conceptualization of the phenomenon of culture of interethnic relations as a factor of interaction between representatives of different cultures and nationalities. Today, culture is one of the identifiers in the modern world, which determines the originality and uniqueness of nations and ethnic groups. Theoretical basis. The authors proved that the culture of interethnic relations is a direct dialogue between representatives of different nationalities, which allows the existence and development of national culture in modern society (mass, virtual, global, information) and so on. It is substantiated that the main condition and consequence of the interaction of representatives of different nationalities and ethnic groups is the recognition of their originality and uniqueness, at the same time there is a formation of global identity, i.e. there is an awareness of the need to live together. Scientific novelty. It is substantiated that at the present stage of development, society is in a state of radical large-scale, systemic transformations. Humankind needs to learn the culture of interethnic relations, as modern migration flows change the cultural picture around the world, in particular in the United States and Western Europe. The culture of "aging" Europe is changing significantly under the pressure of migratory flows, which assert their own culture and religion. Conclusions. The beginning of the XXI century characterized by the development of post-globalization, which simultaneously affirms the global and national identity. Humankind recognizes the fact that political and economic factors are secondary to culture and religion, which are the main identifiers of nations and ethnic groups. It is culture that accumulates in itself the necessary, stable set of symbols, which both at the individual and collective level are the defining features of ethnic groups, nations, states. The nation or the state which is able to answer affirmatively the question "who are we?" is successful and strong at the geopolitical level.

scholarly journals The formation of legal policy of Ukraine at the present stage.

2021 ◽  
pp. 496-505
Author(s):  
Mykhailo Khodakivskyi
Keyword(s):  
European Union ◽  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Good Governance ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
Legal Policy ◽  
Stage Of Development

Introduction. Legal policy as a means of regulating the political and legal sphere of society is a prerequisite for optimizing political, economic, social and other relations in society. At the present stage, politics is considered through the prism of its governance function, and in turn, law is a means of normalizing and governing public relations. In this approach, legal policy is a strategic means of transforming society, which regulates the complex relationship between society and the state and ensures human and civil rights and freedoms. Most domestic research papers on legal policy cover some of its various aspects and expressions, but focus primarily on its theoretical foundations. The aim of the article. Today there is a certain lack of applied research in legal policy. We shall try to consider the applied aspects of legal policy at the present stage of development of Ukraine, regarding it as a set of governance tasks and political and legal decisions that regulate various social relations by legal means. Results. The process of Ukrainian eurointegration stimulates the development of a civilized legal policy. Its basic characteristics are laid down in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part. The institutional basis of this policy is the Ministry of Justice of Ukraine, which is becoming a national center for the formation of state legal policy. Further steps in this direction include the reorganization of its structure in such a way as to provide an institutional opportunity for the formation of state legal policy in all public spheres, which should be regulated by legal means. Conclusions. The key means of transforming legal policy at the present stage is the commitment made by Ukraine during the signing of the Association Agreement with the European Union. Ukrainian modern legal policy is based on such values as democratic principles, the rule of law, good governance, and so on. The structural elements of modern legal policy are the proper institutional basis for its making and the necessary content of social transformations. At the present stage, the institutional mechanism of introducing and making legal policy is being formed, based on the activity of the Ministry of Justice of Ukraine as the single national center for forming state legal policy, integrating structural subdivisions of other central executive bodies. The next stage of the reform of Ukrainian legal policy should be its content, which will also be carried out in the context of Ukrainian eurointegration.

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