САМОВРЯДНА ПАРАДИГМА У ФОРМУВАННІ ТА ФУНКЦІОНУВАННІ ДЕМОКРАТИЧНОЇ ПРАВОВОЇ ДЕРЖАВНОСТІ: ДО ВИЗНАЧЕННЯ ЗМІСТУ, РОЛІ ТА ЗНАЧЕННЯ

Abstract

The article is devoted to the scientific and theoretical substantiation of the problem of determining the content, role and significance of the self-governing paradigm in the formation and functioning of a democratic legal statehood. In domestic jurisprudence, this topic is practically not studied. The authors connect the appearance of this problem with the factors of formation, development and improvement of the phenomenology of democratic legal statehood, when it is in these conditions that permanent para-democratic, meta-democratic processes of a tactical and strategic nature arise and intensify, as well as purely democratic tendencies are formed, determined by these processes, which permanently stimulate as a phenomenology of statehood, emphasizing its potential promising opportunities, as well as new forms of communicative interaction and rather productive cooperation of actors. At the same time, it is noted that the above processes are stimulated not only at the level of intrastate relations: a) the state, b) its public authorities, including local selfgovernment bodies, c) citizens who are simultaneously residents of certain territories of the state, i.e. residents-members relevant territorial communities; d) other natural persons with different legal status (foreigners, stateless persons, refugees, etc.), who are legally on the territory of a specific state and permanently residing within its borders, are also residents and members of the relevant communities, who are in subordinate, coordination and reorientational subordination among themselves within the limits of national constitutional and administrative law in the understanding of communication of subjects of public authority. They are quite clearly and sensibly manifested at the level of actors of international legal relations: a) sovereign states; b) international intergovernmental and intergovernmental organizations, which enter on the basis of the sovereignty and equality of their patrimonial and other states in a complex and multifactorial inter-subject interaction within intergovernmental structures on the basis of the fundamental principles and norms of general international law. It is noted that the self-governing paradigm is based on the managerial humanisticself-governing paradigm "human rights - municipal human rights - municipal person", which, firstly, acts as its content, and, secondly, acts as a strategic and basic direction in the formation and the functioning of a democratic legal state, because it is within the limits of the Ministry of Internal Affairs that a person: a) carries out his life cycle; b) realizes all his life aspirations, needs and interests, which are transformed into human rights; c) the constitutional and legal status of a person and a citizen is realized in the sphere of the Ministry of Internal Affairs. It is noted that the paradigm "human rights - municipal human rights - municipal person" has a clear and understandable management character, has a number of identifying features: A) subject-object composition, B) structural organization, C) national and international regulatory legal support and provision, which, in turn, endows it with: a) a theoretical basis; b) doctrinal justification; c) praxeological realization; d) value-methodological orientation; d') existential essence and objective-existential potential; e) regulatory definition; e) ascertaining the existence of managerial impulses; g) objectification of management actions; g) connotational content; h) communicative coordinate system; i) strategic narrative content.