scholarly journals Characteristic aspects of the state as the central institution of political system (from the perspective of the guarantor of national security)

Moldoscopie ◽  
2021 ◽  
Author(s):  
Ludmila Oleinic ◽  

The establishment of a democratic state, an open society in which the citizen is the subject of social-political processes and feels safe, represent in essence a complex process. The main role in achieving these objectives largely depends by the state, by the public power, which is essentially obliged to create the right conditions and mechanisms for the involvement of all progressive forces in the construction of the new edifice. In this vein, the factor of awareness of the state’s correlation with national security is very important in order to make proposed objectives work. As a result, in order to increase the effectiveness the state focuses on reporting and accommodating to modern European standards and principles on the activity, organization and functioning of political processes and institutions in society as a whole in correlation with assuring national security issues.

Lex Russica ◽  
2019 ◽  
pp. 163-175
Author(s):  
A. V. Pogodin ◽  
A. V. Putintsev

The authors of the paper make an attempt of a complex theoretical and historical analysis of factorsthreats to the national security of Russia in the information space. Within the framework of the problem statement, the urgency of the study of national security issues within the framework of the general theory of state and law is substantiated, the features forming the concept of a factor-threat to national security are developed. The attention is focused on the role of passionate personalities in the processes of destabilization of society. It is hypothesized that a two-tier structure of the information space as an object of information security, including deep (ideology) and surface levels, the modeled relationships between processes occurring at these levels. Analyzing the periods of extreme transformations of the Russian statehood (revolutions of 1917 and perestroika), the authors find the connection between the efficiency of political processes regulation and the presence of changes in the information space. It is suggested that there is a stable connection between legal regulation, scientific and technological progress and the state of protection of national interests. The emergence or increase in the availability of new technical means of disseminating information to the population inevitably leads to a lag in the regulation of relevant public relations, which, combined with certain political and social factors, jeopardizes national security. The forecast of development of a situation in the short-term prospect is given taking into account the development of the Internet. As a conclusion, the authors propose to focus on the development of a new model of information security regulation, based on the awareness of the loss of the effectiveness of traditional means and methods of legal regulation, which the state had previously. Having lost the monopoly on control over the surface level of information space, the state can and should ensure stability at the level of ideology.


Author(s):  
Vira Burdiak

The article analyzes the political process in the Republic of Bulgaria and a number of elections to the National Assembly,which in 2021 were already in April, July and announced for November.The factors, which influenced the need to hold parliamentary elections three times in a row.This shows, that the state is going through a difficult period of instability and turbulence.Building a democratic state governed by the rule of law in Bulgaria,despite its membership in the EU, it is still in its infancy. The author emphasizes that the state is growing alienated from democratic political processes and despair of their effectiveness.This requires legal regulation of the following issues:ensuring universal suffrage;the possibility of campaigning and outreach among voters on others,in addition to the state (Bulgarian) languages,after all, large minorities live in Bulgaria (Turkish, Roma, etc.);improving the financing of election campaigning and the mechanism for appealing the results of parliamentary electionsbased on the transition from indirect to direct appeal by election participants to the NZB of their results. Solving the main problem of Bulgaria – reducing corruption,in fact, it did not happen.Positive success in the fight against corruption can be achieved with the support of the population,his belief that the state will be able to defeat corruption,clear enforcement of anti-corruption measures in various government agencies and institutions.The growth of political consciousness of citizens,which is expressed in a broad protest movement,in the medium term may become the internal basis for the formation of real,rather than a formal electoral system organized according to European standards.


Author(s):  
Corey Brettschneider

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.


2015 ◽  
Vol 5 (2) ◽  
pp. 279
Author(s):  
MA. Fisnik Sadiku ◽  
MA. Besnik Lokaj

Intelligence services are an important factor of national security. Their main role is to collect, process, analyze, and disseminate information on threats to the state and its population.Because of their “dark” activity, intelligence services for many ordinary citizens are synonymous of violence, fear and intimidation. This mostly comes out in theRepublicofKosovo, due to the murderous activities of the Serbian secret service in the past. Therefore, we will treat the work of intelligence services in democratic conditions, so that the reader can understand what is legitimate and legal of these services.In different countries of the world, security challenges continue to evolve and progress every day, and to fulfil these challenges, the state needs new ways of coordinating and developing the capability to shape the national security environment. However, the increase of intelligence in many countries has raised debates about legal and ethical issues regarding intelligence activities.Therefore, this paper will include a clear explanation of the term, meaning, process, transparency and secrecy, and the role that intelligence services have in analyzing potential threats to national security.The study is based on a wide range of print and electronic literature, including academic and scientific literature, and other documents of various intelligence agencies of developed countries.


Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.


Author(s):  
Steven Wheatley

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.


2019 ◽  
Vol 9 (5) ◽  
pp. 1551
Author(s):  
Marat G. AZHIBAYEV ◽  
Olzhas M. DZHANADILOV

Crime does not stand still and evolves with humanity. With the development of technologies, new types of crimes have appeared and, accordingly, new threats that today challenge not only an individual, but entire states, creating risks of harm not only to the economic sector, but to military and national security in general. At the same time, it is important that cybercrime in the field of military security can cause harm to the entire defense complex of the country, leaving the state defenseless against other threats which is unacceptable in order to preserve the sovereignty and the independence of the young democratic state. In this connection, it is necessary to recognize cybercrime at the state level as a threat that could cause harm to military security.


Author(s):  
Sri Endah Wahyuningsih ◽  

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyse the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.


Author(s):  
Pylyp Demchenko

Introduction. This article is devoted to the study of the phenomenon of the security within the framework of its understanding in the constitutional legal sphere of national legal science. The need to conduct this study is based on the relevance of the search for promising directions in ensuring the safety of human, society, and the state in a rapidly changing modern world, within the framework of which the main role is assigned to its legal foundations, in which the provisions of the norms of the Constitution of Ukraine play a primary role Purpose and objectives of the study. The main purpose of the article is to consider the concept of security in the framework of the basic legal and constitutional legal category on an analysis of the articles of the Constitution of Ukraine and normative legal aspects (in case of basics of The National Security Act 2018 and The Strategy of the National Security 2020), which enshrine the essence and foundations of ensuring of the security in Ukraine, and also presents the main doctrinal approaches to defining security in the framework of constitutional and legal researches. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of security as a phenomenon of public relations, assessing the main challenges and threats to the existence of a human, society, and the state in Ukraine at the present stage of their development, analyzing the legal framework for ensuring of security in Ukraine, as well as understanding of security as a constitutional legal category. Research conclusions. As a result of the study, the idea is given that security is a complex and multi-vector category, the nature of which depends on the definition of the scope of its implementation and provision. The legal component is the basis for ensuring of national security as the main way to ensure the security of a human, society, state in Ukraine, which is implemented within the framework of the provisions of the Constitution of Ukraine and special legislation. As part of the study of constitutional and legal approaches to defining national security as a broad category, it is necessary to single out its special component subspecies - constitutional security, which serves as the basis for the protection and stability of the development of constitutional legal institutions and constitutionalism in Ukraine.


2020 ◽  
Vol 34 (5) ◽  
pp. 790-817
Author(s):  
Charlotte Wagnsson ◽  
Eva-Karin Olsson ◽  
Isabella Nilsen

Gender differences have been observed regarding many political and social issues, yet we lack comprehensive evidence on differences in perceptions on a wide range of security issues increasingly important to voters: military threats, criminality, and terrorism. Previous research suggests that when women are highly politically mobilized, as they are in Sweden, gender differences in political opinion are large. On the other hand, Swedish politicians have worked hard to reduce gender stereotypical thinking. This prompts the question: Are there gender differences in attitudes on security issues in Sweden, and if so, in what ways do the attitudes differ? This study is based on comprehensive data from focus groups and a large-scale survey. The results show that women were more prone to respond with an “ethic of care,” across security issues. Women were more inclined to understand security problems as structural, explained by macho culture, segregation, and injustice. Women tend to support preventive measures that provide individuals with opportunities to choose “the right path,” such as education and economic investment in deprived areas. When asked about national security, women believe more in diplomacy and dialogue. In general, women are less inclined to support various repressive solutions.


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