Impact of globalization on the security of the nation-state: legal and criminology aspects

Abstract

The article is devoted to the analysis of the main aspects of the impact of globalization on the security of the national state, as well as certain threats associated, on the one hand, with the active expansion of the social and state nature of unresolved problems of individual societies beyond their natural territories, and on the other hand, with a decrease in the level of management of society at the level of the nation-state itself. The purpose of the research was to determine the essence of globalization as a phenomenon, its economic, political and social aspects, risks and challenges, as well as the peculiarities of the functioning of the institution of the welfare state in the conditions of globalization, where the problem of the principles of coexistence of states, their citizens, as well as the peculiarities of the organization and regulation of all existing relations, where it is necessary to preserve the state (national) identity and at the same time take into account or join the world experience, organize life in accordance with this experience. The article examines the problems of issues related to globalization, which is manifested in ascertaining both positive and negative trends of this process. Much attention was paid to establishing the economic, political, legal and criminological causes, social prerequisites and consequences of the influence of the inevitable processes of globalization on conflicts for the equal distribution of material goods, the economic dependence of some countries on others, the growth of poverty, national and international crime, the strengthening of social and economic tensions due to the failure of competition in the global economy, the spread of economic and financial crises, which many countries are unable to withstand. The issues and directions of international legal and organizational-institutional organization of counteraction and compensation of the impact of uncontrolled globalization on the national state in the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, safety and well-being have been studied. An analysis of the relationship and interdependence of the globalization of crime with the consequences of economic, political, technological and cultural globalization was carried out, where the spread of interdependence between countries in the sphere of economic relations, credit and banking activities, political and cultural interactions, as well as the growth of cooperation in the technical and technological spheres leads a natural reproduction of criminal practices in them. It is concluded that the process of globalization of the entire world is an inevitable, objective, and to a large extent a natural process of human development, but this process is only indirectly managed and in the interests of the competitively oriented most influential world centers, primarily of political and economic direction, and globalization in in its current form generates many more negative aspects than positive ones, increases the differentiation of states and peoples in the ability to compete at the world level, spreads and generates new types of crime, open armed confrontations, poverty, loss of control by society over the movement of civilizational processes. The opinion is supported that the mentioned destructive economic, political and criminological aspects of the current state of the spread of globalization are closely related and mutually determining. The position is substantiated that the counteraction to uncontrolled globalization processes, which manifests itself primarily in the globalization of the legal space through the development of model international criminal laws and international legal standards and the unification of international and national mechanisms in the field of combating crime, encounters significant obstacles in the modern world in the impossibility of creating such legal laws , which would be mandatory for everyone. The argument is supported that for the formation of a progressive world order, its participants, in addition to preserving their own values, need the development and cultivation of an additional, supranational culture with the existence of moral norms, where a person is the supreme value, and which should be global, structured and legal, i.e. a concept of an order that goes beyond the perspectives and ideals of a single region or one country. It is proposed that the UN as a global, universal, multifunctional intergovernmental organization could assume the function of coordinator of the process of establishing law and order on the basis of general stable, understandable and non­retroactive rules that ensure the formal equality of all subjects of globalization, introducing into the legal field are planetary standards of social responsibility, which would mitigate accompanying threats, especially the economic polarization of countries with different levels of development of national economies. It is noted that the importance of global coexistence of sovereign states should be brought to the fore.