Fascization of the State and Law

Abstract

The well-being and security of the individual and society largely depend on state regimes that determine the state of social institutions, economics and law. The trajectories of regime transformations in some states can cast doubt on the possibility of achieving a quality of life that corresponds to modern views on social prosperity. The idea of fascism as an ideology and a political regime that has remained in the past forever is hardly justified: under certain conditions, the probability of its revival in certain political and legal systems cannot be excluded. Knowledge of the conditions and signs of fascization of society makes it possible to recognize dangerous features in public policy and law in a timely manner. Fascism can be embodied in a variety of images and forms, but at any time the properties of extreme anti-liberalism as a complete denial of freedom and individual rights are inevitable and inseparable from it. It is characterized by the priority of the state over society and society over man, propaganda of xenophobia, rallying in hatred of a common enemy that act as the bearers of any disagreement. The study of the genesis of extreme right-wing forms of undemocratic political regimes that require the consolidation of the values of statism, false ideas of exclusivity and criminal methods of violence in politics and law for their existence is the basis of the system of countering the fascization of the state. The elements of this system include actualization of the social role and function of law, a high level of legal awareness and legal culture, liberal democratic traditions and maturity of civil society, which is obliged to be wary of any increase in violence, restriction of the rights of the media, persecution of political dissent, militarization and other signs of aggressive ideology that can destroy its civilized appearance. Extreme forms of undemocratic regimes can be resisted only by the sociopolitical principles of liberalism and the values of developed democracy, which are perceived by society: equality of citizens and the real exercise of their rights and freedoms, humanism and constitutionalism, as well as public understanding of the state as an organ limited in the forms and methods of exercising power to protect these principles and values.