Взаимоотношения гражданина и государства: между должным и сущи

Abstract

The article is devoted to the conceptual rethinking of the relationship between the existing and the due prevailing in the modern civilizational space in the relationship between the citizen, the institutions of civil society, on the one hand, and the state, on the other. It is noted that, unlike the moral basis of this relationship, so characteristic of ancient Greece, the beginning of a different, legislative approach to this area was laid by the Roman era. At the same time, the logic of social rationing, so characteristic of the Greek polis: freedom – duties – rights, gives way to a completely different logic: law – rights – freedom. The further dominance of this logic in the state arrangement of society was largely facilitated by the ideas that developed in modern times. They greatly contributed to the legitimization of the inalienability of so-called “natural” human rights. Unfortunately, the ideas of representatives of German classical philosophy, which revived the moral principles of state-building in society, where the dominant in all spheres of public life even today is the “domination-submission” attitude, remain not in demand. It can be traced how the further practical embodiment of natural legal ideas was reflected in such documents as the French “Declaration of Human and Civil Rights” (1789) and the American “Bill of Rights” (1789). Special attention was paid to the fact that the very concept of “citizen” underwent a change. In this case, only the one whose activities are regulated by the legal jurisdiction of a particular state is a citizen. It is noted that the modern civilizational space continues to function in conditions where the paradigm of this legal naturalism is dominant. It is demonstrated that an alternative to this can be means that have long been tested and successfully used in legislative activity. At the same time, the initial legal relationship is the ambivalent relationship between legal prohibition (obligation) and legal permission (right). For example, the impressive period of the invariable existence of the current US Constitution is largely due to the methodological principles of its formation determined in the article. The development of Kazakhstan’s own strategy in overcoming both accumulated and future problems is largely due to the legislative legitimization in the field of civil relations of the priority due over the existing one.