Paths and prospects of maintaining public order on the local level: search for consensus (philosophical-legal aspect)

Abstract

The problems related to development of public order and legal order are fundamental in the theory of law and largely carry a polemical character. Juridical science gives detailed attention to revelation of the essence and categorical analysis of this institution. The theoretical-legal substantiation of its functionality in the conditions of advancement of local self-governance is developed to a much lesser degree. This article analyzes the views of researchers on the representational nature of public order, determines its place within the system of local self-governance, expounds the significance in part of new approaches, including the amendments to the Constitution of the Russian Federation. The authors prove that public order is ensured by sustainable functionality of regulatory mechanisms that involve social structures. The role of the forming civil society is also significant in this regard. The articlegives assessment the state of public order, and demonstrates that it represents a dynamically developing state legal institution. The conclusion is substantiated that the need for protection of public order stems from its consistent social value for society as a whole. This contains the possibilities for controlling anarchy, mitigation of egoistic intentions of individuals, and retention of manageability by the state. Control of negative phenomena in the process of social development is capable of ensuring society from internal collapse.