Basis Of Civil Society Research Articles

Constitutional foundations of local self-government in Ukraine

The constitutional foundations of local self­government in Ukraine are norms-principles reflected in more than 20 articles of the Constitution of Ukraine. Norms establishing the legal, organizational, material and financial foundations of local self-government provide for the establishment of a democratic decentralized management system, based on independent territorial communities, local self-government bodies, which are entrusted with the decision of all issues of local importance. Real effective local self-government is possible only in the presence of certain conditions that have objectively developed in society, and which collectively form the basis of local self-government. The basics of local self­government create the foundation, that is, the foundation on which the entire system of local self-government is built. One of the fundamental foundations of local self-government is the participation of citizens in the social and political life of the state. The topicality of the topic is due primarily to the fact that at the current stage of democratic transformation of our country, local self­government is the basis of civil society. Local self-government is one of the most important institutions of a democratic state. Its development is a central scientific problem of municipal law and a "cornerstone” in municipal science for many decades, since its inception. The 1996 Constitution of Ukraine created the legal basis for the development of local self-government as a special type of public power. The article analyzes the constitutional principles that established the status of municipal power, their influence on further legislation and practice of local self­government. The constitutional principles of local self-government are analyzed. The approaches available in modern jurisprudence regarding the definition of the concept of "basics of local self­government” have been considered. Arguments are presented in favor of separating the organizational- legal, territorial, and material-financial bases of the activity of local self-government bodies.

Zasada dobra wspólnego jako podstawa społeczeństwa obywatelskiego w Polsce

The article concerns the constitutional sources of civil society in Poland. Although the Polish Constitution does not refer directly to civil society, it expresses its key values and assumptions in numerous provisions. The constitutional principle of the common good should be regarded as the basis of civil society in the Republic of Poland. The article indicates the links between the principle of the common good and the constitutional model of civil society. The axiological convergence of both categories mentioned is based, inter alia, on the respect for civic rights and freedoms, but also on the emphasis on the duties that the individual-citizen performs for the state. It is for this reason that the principle of the common good in the Constitution of the Republic of Poland of 1997 combines elements of the individualist and communitarian conception of the civil society.

Important Aspects of Public Control in the Activities of Local Executive Bodies in the New Republic of Uzbekistan

The article is devoted to wide-ranging research, and the important aspects of public control in the activities of local executive bodies in Uzbekistan today, the normative and legal basis of the action, and the differences from the previously adopted legislation are analyzed. The purpose of the study is to identify problems and shortcomings in the system of public control over the activities of local executive bodies in the territory of the Republic of Uzbekistan. The article provides an analysis of the results of a sociological survey conducted on the legal, regulatory documents of public control of the activities of local executive bodies in the territory of the Republic of Uzbekistan. In addition, a retrospective analysis of the views of Western researchers and ancient Eastern thinkers, such as public opinion, justice, and the basis of civil society because of the control of society over power, is described. As a scientific innovation, differences were found between the legislation on public control adopted in Uzbekistan and several regulations and decisions adopted by the Cabinet of Ministers, the fact that they cover all processes and the duties and powers are returned, and the clearly defined sequence of tasks. As a result, in the conditions of New Uzbekistan, it was determined that it is necessary to improve the functions of representative bodies, develop the mechanisms of their implementation, and restore legal knowledge in higher education institutions.

THE VOICE OF THE MIDDLE CLASS AND ECONOMIC DEMOCRACY IN UKRAINE

The purpose of the article is to determine the role of the middle class in political democracy and economic democracy in Ukraine. The role of the Ukrainian middle class in the revolutionary events of 2004 and 2013-2014 – the Ukrainian Maidans, the influence of the middle class on the results of the parliamentary elections in Ukraine and its presentation in the Verkhovna Rada of Ukraine are noted. The pendulum-like oscillation of self-identification of the middle class between "service to the oligarchs" and "resistance to democracy," the basis of civil society, is noted. The emphasis is placed on the fact that democracy is the rule of the middle class, and the principle of equal freedom is at the core of economic democracy. The compromise between capitalism and democracy is the need to distribute the public good under the supervision of political democracy in the interests of the middle class. Methodology. The theory of economic democracy was used to study the essence and characteristics of the middle class in Ukraine. By means of sociological methods of empirical research middle class identification by indicators of income, education, labor (employment), consumer behavior is given. Differences of "European" middle class from Ukrainian middle class are marked. In connection with the fact that the level of income of the Ukrainian middle class does not correspond to the indicators of EU countries, the necessity of application of subjective indicators to determine self-identification of middle class representatives in Ukraine is substantiated. The definition of the middle class from the opposite, i.e., what the middle class is not (not the oligarchs, not the authorities, not the working class, etc.) is also applied. Results. The trajectories of the middle class in Ukraine have been defined – from active participation in the Ukrainian revolutions to the role of a servant of the oligarchic regime. The middle class is well positioned to establish a regime of political democracy and to oppose the oligarchic-lumpen alliance. What hinders this is the insufficient activity of the middle class during election campaigns and especially after them. The oligarchs' established monopoly in the economy and media space allows for effective election campaigns in the mass media and the financing of political parties. This nullifies attempts of the middle class to establish political democracy in Ukraine. The growing role of the new middle class – intellectuals and representatives of the creative industries – has been noted. The self-identification factors of the middle class include a sense of justice, responsibility for the future and the practice of democratic values. According to sociological research, representatives of the Ukrainian middle class strive for democratic changes, overcoming corruption, deconstruction of the oligarchic regime, and implementation of market reforms. They have higher education, are interested in art, go to restaurants, and can sometimes afford vacations abroad. The political parties that declared support for the middle class and defined it as a target group in the elections included the "Team of Winter Generation," "Veche," "Self Reliance", and "Voice". The first two were perceived as oligarchic projects, while the last two parties made it to parliament, respectively, in the eighth and ninth convocations. Separately, the 2019 elections, in which the voice of the middle class became truly powerful, are examined separately. The "old faces," representatives of the post-Soviet oligarchy, and bureaucrats lost in the majoritarian districts. The middle class refused to support those politicians and parties that had become "servants of the oligarchs" in parliament, taking an important step in building not only a political democracy, but also an economic democracy. Practical implications. The results of the study can be used in the process of European integration of Ukraine, the implementation of reforms to develop political democracy as the rule of the middle class and economic democracy as a democratic system of redistribution of public resources. Value/originality. This study of the middle class and economic democracy allows us to understand the economic factors that influence politics, the role of the middle class and its characteristics in the process of establishing political democracy and economic democracy in Ukraine.

Summer election campaign for the city duma in Siberia in 1917

The article is devoted to the electoral process in the city Duma of Siberia, which took place in the summer of 1917. The author notes that the fall of autocracy and the transition of power to bourgeois democracy led to the search for new forms of organization of public administration. The revolutionary events of 1917-1918 had a noticeable impact on the existence and functioning of municipal self-government bodies in Russia. After the February Revolution of 1917, the role of the Institute of urban self-government increased markedly. Dumas in many Siberian cities have become not only the center of the association of public organizations, but also the support of the central government on the ground. Under the influence of socio-political processes, city authorities in 1917 increasingly went beyond the narrow scope of economic functions. The paper presents the desire of political forces to accumulate the socio-political interests of their urban electorate, since in the revolutionary events, the city Duma, as a self-governing body, on the one hand, and on the other the administrative authorities, found themselves in the center of events, and took the position of liberal reformism. Thus, the de facto powers of the city self-government bodies were expanded, but de jure they remained unchanged. In reality, their influence has increased, including on the formation of public opinion. The author, relying on the legislative acts of the Provisional Government, minutes of meetings of city dumas and administrations, conducted his research and tried to recreate a concrete historical picture of the political life of Siberian cities in the inter-revolutionary period. In this regard, the politicization of city self-government bodies is traced, which reached its maximum in 1917, expressed in the election of vowels on party lists and in the identification of city dumas as a public support of the new government. The author characterizes the changes that occurred in the legal status of Siberian municipalities during the revolutionary transformations of 1917, which vividly manifested the process of transformation of the institution of central government and city self-government. The new government, represented by the Provisional Government, saw its support in the democratized system of public self-government of cities and zemstvos, and the self-government bodies, in turn, expected the Provisional Government to expand its legal framework. As the Provisional Government suggested, it was the democratized city Duma that was to become the basis of civil society. The author, analyzing the process of development of the institution of urban self-government, notes the transformation of city bodies into local state authorities, the creation of a support for a new democratic government in their person. However, in 1917, the city Duma in its renewed composition, in which many vowels had no experience of city work and were bound by party discipline, completely lost continuity with the former city government and largely turned into a political platform for party speakers. The article examines the causes, course and results of the election campaign to the city Duma in Siberia in the inter-revolutionary period. The pre-election platforms and tactical positions of political forces are analyzed, which reflect the political vicissitudes of the development of the revolutionary process in the country and the regional peculiarities of their perception by various party and social forces. It was determined that first of all on the agenda were pressing issues that had accumulated during the First World War. At the same time, the issues of a political nature caused by the events that took place in the European part of Russia were of little interest to the inhabitants of Siberian cities, which testified to the relative apolitical nature of the main part of Siberian society and a more calm, measured life in the city than in the central regions during this period.

ФОРМУВАННЯ СОЦІАЛЬНИХ МОТИВІВ І СОЦІАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ В УЧНІВСЬКОЇ І СТУДЕНТСЬКОЇ МОЛОДІ

The article considers the problem of formation and development of social motives and social responsibility in students. This problem becomes especially relevant in the current level of social, scientific, technical, information development of our country. On their own initiative, young people take part in public democratic movements for the preservation of peace, justice, advocacy for nature, the world around them, women’s rights, student youth and more. At the same time, changes in socio-economic and international relations require a rethinking of what has been achieved in the formation of social responsibility in young people, the development of new approaches to solving this problem. After all, today’s youth will be the basis of civil society in the near future. The formation of social motives and social responsibility is a long process. At each stage of human life, they are “born”, developed and improved. It is conditionally possible to allocate 3 stages of their formation: emergence of ideals, formation of world outlook and search of self-affirmation. At the first stage, a person (child) has a desire to get emotionally close to an image or a real person who is ideal for him. Most of the ideals for children are characters from movies and literature. In the second stage, identification for young people ceases to be sufficient. They begin to “land” their ideals and reflect on the meaning of life. The reassessment of one”s own personality begins, worldviews are formed, social relations are understood, and one”s place in society is sought. Parents, teachers, the public must help, direct the “search for yourself” in a personally and socially useful direction. The third stage, in our opinion, is the formation of social motives and social responsibility in higher education institutions. That is why it is important to formulate the pedagogical conditions for their effective work in this direction. These theses were the starting point when writing the article. The authors consider two areas of problem solving – the formation of social motives and social responsibility in educational teams (classes, universities) and in the process of civic activity. It is proposed to monitor the success of the pedagogical impact on the socialization of schoolchildren and students by using the criteria and indicators proposed by the authors of the article. Key words: social motives, social responsibility, social consciousness, civic activity, monitoring.

Rights and Property Rights: A Reflection Based on the Perspective of Young Marx

Modern Western political philosophy has formed paths around rights and property rights regarding the realization of individual freedom: early political philosophers emphasized the precedence of rights, and the category that best embodies individual rights is property rights. In contrast, the tradition of German political philosophy is to introduce rights from freedom, with rights as the external realization of inner ideas and property rights as the precondition and guarantee of human freedom. Young Marx explained the creation of property with the theory of alienation, pointing out that private property and money as the basis of civil society are the root of human alienation. Thus, Marx’s communist vision of renouncing private property to achieve individual freedom based on the association of free men formed a different ideological progression from the rights paradigm.

Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties.
 The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine.
 The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state.
 The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere.
 In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions.
 Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

Information Freedom - Legal Category of Formation of Basis of Civil Society

Information Freedom - Legal Category of Formation of Basis of Civil Society

Updating the Spatial Figures of Learning

The educational institution represents the basis of civil society: any great empire or civilzation began to be considered when it developed a structured educational system capable to educate aware citizens participating in public life. Retracing the etymological origin of hte term school, the latter suggests a hidden component which should still be at the basis of the idea of contemporary school. The word comes from the Latin schola, which derives from the ancient Greek scholè that means to take care of free time. The scholè was the time in which one rested form the effort of daily life, to devote himself to study and reasoning. The proposal in this paper is that the first hidden layer of architectural education is to give back to the school its authentic meaning of scholè, place of the otium, where the love of knowledge lives. The Place on one side and the Educator on the other are the first components to update our universities: open campus, informal spaces, off-the-record paths + innovative teaching are the main tools to pursue a better quality of architectural education.

“Letters to the Neighbors” by Conservative Publicist M. O. Menshikov as a Source on the History of Russian Everyday Life at the Beginning of 20th Century

“Letters to neighbors” by M. O. Menshikov are analyzed by the author of the article as a historical and literary source. It is reported that in the first volume of “Letters to the Neighbors” the most important contradictions and problems of Russian life were considered, the unresolvedness of which led to revolutions of the beginning of the 20th century. It is noted that the journalism of M. O. Menshikov had a deep social orientation. It is shown that he attached great importance to the problems of poverty, social stratification, illiteracy, drunkenness, backward healthcare, a raw materials economy, and the contradictions of capitalism. It is emphasized that the publicist paid attention to the problem of human loneliness in society in the context of the implementation of new technical inventions (aviation, railways, telephone, etc.), reflected on the idea of increasing alienation between the people and the authorities. The author of the article points to the value and fairness of M. O. Menshikov’s judgments about the importance of considering the press as the most important institution of civil society, as well as the need to form a powerful middle class as the basis of civil society. The biography of M. O. Menshikov is considered, its place in the history of domestic conservatism is characterized.

On the formation of the institutional basis of civil society in modern Russia

On the formation of the institutional basis of civil society in modern Russia

Theoretical and empirical aspects of the manifestation of stakeholder participation in city brand development activities

Theoretical and empirical aspects of the manifestation of stakeholder participation in city brand development activities

Specific constitutional frameworks for the functioning of civil society in Ukraine: freedom of enterprise activity

In the scientific article the actual questions of the constitutional and legal provision of individual freedom in the economic sphere are analyzed. In the course of the study the content and limits of individual freedom in economic relations were determined, the essence and structure of the right to entrepreneurial activity as a legitimate form of realization of freedom of the person was disclosed, the problem issues of the constitutionally-legal fixing of individual freedom in the economic sphere were revealed. The study emphasizes the idea that the realization of individual freedom in the economic sphere is based on the combination of the phenomenon of economic independence of the state and individual freedoms as the basis of civil society. In this case, the right must determine and direct the development of civilized economic relations that promote the freedom and independence of the person. The limits of individual freedom of a person in economic relations are much broader than the amount of subjective rights that it grants to the state, since in this case the legislator finds it inappropriate or impossible to fully regulate the realm of economic freedom. The realization of individual freedom through the mechanism of a market organization in terms of the needs of civil society aims, first of all, to form the middle class as the basis for the further development of civil society. The right to entrepreneurial activity, being one of the economic human rights and the form of realization of freedom in the economic sphere, is also one of the basic categories of constitutional law. The constitutional consolidation of the right to entrepreneurial activity actually institutionalized one of the central components of the entire mechanism of a market economy. The author notes that the main problems of the constitutional and legal provision of the right to entrepreneurial activity are due to the lack of a systematic approach in the Constitution of Ukraine in fixing economic order. In this case, the basic constitutional and legal regulation of the right to entrepreneurship in the process of modernization of the Basic Law, in our opinion, requires a change in the way of normative maintenance of freedom of business and the definition of the subjective composition of such a right

Фінансові проблеми малого бізнесу та його роль в структурі ринкової економіки.

The current stage of development the Ukrainian economy can be considered as a complex and contradictory process of transformation of economic structures, which predetermines the formation and development of new subjects of entrepreneurial activity. The world experience shows, that an important component of the economy is a small business, that provides the country with mobility, flexibility and innovative potential. The significance of small enterprises is not limited to their participation in the gross national product. It is also important the social role of small business, which allows to create jobs, to realize human capabilities, to form a middle class as the basis of civil society. The activity of small businesses in all areas of economy is associated with increased risk. There are many problems, that require a priority and urgent solution to ensure the stable and gradual development of small business. The great importance belongs to the financial security of small enterprises in the structure of market relations and to the mechanism of their regulation.

Доверие как основополагающий базис гражданского общества

Доверие как основополагающий базис гражданского общества

Karakter Historis Sufisme pada Masa Klasik, Modern, dan Kontemporer

Sufism is an actualization of the doctrine of Tasawuf about purification of the soul towards God as a form of realization of the Prophet’s hadith on al-iḥsān. Sufism presents three forms of activity, namely the purification of the soul, Sufi behavior, and Sufi movements. Historically, Sufism has featured a distinctive and dialectical character. Classical Sufism features five characters, namely ascetic, practical, asceticism driven by fear of God, the concept of maḥabbah, and the concept of maḥabbah for ma‘rifah. Modern Sufism features four characters, namely presentation of sharī‘ah-based Sufism with no prominent social role any longer, adaptability to modern environments, expression of new political role as a pioneer of the modern nationalist movement, expression of Sufi militancy movement in the late colonial context. Contemporary Sufism presents nine characters, namely Sufism as a variant of transnationalism, the change in the relationship of authority and pattern of association in Sufism, the emphasis of Sufism as a mean of dedication, accommodative attitude towards the new regime, Sufism as the basis of civil society for political mobilization, the development of unique forms of local voluntary associations, the solution-based attitude of Sufism in political archetype, merging of Sufism with the spirit of Salafi and political activism, and the existence of relations of globalization, transnationalism, and hybridity.

Про правові основи громадянського суспільства та його взаємодію з органами публічної влади

Про правові основи громадянського суспільства та його взаємодію з органами публічної влади

ACCESS TO JUSTICE AND ABUSES OF CONTRACT

Mass-market standardized fine print (boilerplate) altering the rights of consumers is greatly expanding in today’s digital environment Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, which is the basis of justifiable contractual enforcement, and leads to democratic degradation because it undermines the basis of civil society and the rule of law. A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice.

Access to Justice and Abuses of Contract

Mass-market standardized fine print altering the rights of consumers is greatly expanding in today’s digital environment. Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, the basis of justifiable contractual enforcement, and it leads to democratic degradation because it undermines the basis of civil society and the Rule of Law. A brief comparison of US and Canadian common-law suggests that Canada’s legal system is less willing to allow these inroads into access to justice.