Modern Democratic State Research Articles

The Institute of Advocacy as a Key Element of Building the Rule of Law: Modern Challenges and Prospects

The article examines the role and place of the institution of advocacy in a modern democratic state. The author analyzes the key aspects of the functioning of the legal profession as an integral component of the legal system and civil society, its importance in ensuring the right to protection, access to justice and the implementation of the principle of the rule of law. The evolution of the role of the legal profession from the simple provision of legal assistance to active participation in the formation of the legal policy of the state, improvement of legislation and improvement of the legal culture of society is considered. Special attention is paid to the double meaning of advocacy – individual and social. The author emphasizes the importance of advocacy as a mechanism of public control in the sphere of justice, its role in ensuring the justice of the judiciary and strengthening the rule of law. The relationship between the effectiveness of advocacy and the level of democracy, compliance with the rule of law and human rights in society is analyzed. The article considers the right to qualified legal assistance as a fundamental human right, which acts as a guarantee of the realization of the entire set of rights and legitimate interests of a person. The author emphasizes the need to create effective mechanisms for the protection of human and citizen rights and freedoms, emphasizing the role of advocacy in this process. The impact of European integration processes on the development of the legal profession in Ukraine, the need for adaptation to European standards and principles is studied. The author analyzes the modern challenges faced by the legal profession and the prospects for its development in the context of the development of the rule of law. The conclusions emphasize the key role of the legal profession in ensuring a balance between the interests of the individual, society and the state, its importance for the development of democracy and the establishment of the rule of law. The author emphasizes the need for further improvement of the institution of advocacy in order to effectively perform its functions in modern conditions.

Collective Wisdom in Constitutional, Informational and Digital Dimensions: on the Concept and Nature of Popular Deliberative Constitutionalism for Public Law

The article discusses the scientific and intellectual origins of collective wisdom in the constitutional, information and digital dimensions, reveals the doctrinal approaches and normative foundations of popular deliberative constitutionalism, the development of an inclusive constitutional paradigm and its significance for the use of procedures and technologies for citizen participation, expert opinion and civil society institutions in the constitutional development, in social transformations, in constitutional changes brought to life by the needs of society and the state. Popular deliberative constitutionalism is identified in the article as a public legal meta-concept that explains the process and need for constitutional involvement of citizens. The author concludes that popular deliberative constitutionalism allows us to better understand the problems of implementing the principle of popular sovereignty in modern democratic states, create an optimal model and consider the forms of exercising the constituent power of the people when implementing constitutional changes. In the article, the author notes that the future of democratic constitutionalism is associated with the creation and use of collective intelligence technologies in the public legal sphere, which, in the context of the development of an algorithmic and information society, combine classical procedures for discussing constitutional issues and the use of aggregated preferences. The practical application of the achievements of natural and artificial intelligence is intended to discuss and resolve issues of public legal significance, is based on co-evolutionary development and leads to the emergence of mini-publics, civil assemblies, and constitutional crowdsourcing.

Manifestation of national identity in the socio-political values of student youth

The problem of national identity is one of the most controversial, not losing scientific and socio-political relevance for many centuries. National identity is based on a system of value guidelines that unites individuals into a single historical, cultural and social community. The formation of national self-awareness occurs in the process of internalization by an individual of the value system of his country. At the same time, the self-perception of belonging to a certain nation is not predetermined by formal citizenship and is not given once and for all; throughout the life of an individual there is the possibility of choice and change of national identity. This choice is inevitable when the country’s value guidelines change. The modern period in Russian history, and indeed the whole world, is a kind of bifurcation point; the values of the globalizing world, the so-called Western values, come into conflict with traditional Russian values. For the preservation of Russian national identity, the choice of young people is of particular importance. The future of the country depends on what value guidelines form the basis of the national self-determination of today's Russian youth. The article presents the results of a study of the relationship between socio-political values and the choice of national identity of Russian students. It is not by chance that students are identified as the object of observation. As the avant-garde, the most educated part of young people with high ambitions and a desire for social independence, students are the most receptive to change. For the analysis, empirical data from a study by the Center for Political Science of the Institute of Socio-Political Research of FCTAS RAS “Students of Russia: civic culture and life strategies” were used. Using the method of factor analysis, based on the results of an empirical study, three basic types of identity were identified: “Russian, person of his city”, “person of the world, the Internet”, “Asian”. It has been proven that the prevailing type of student identity is closely related to his socio-political attitudes and guidelines. The types that differ most in their views are “Russian, person of the city” and “person of the world, the Internet.” The first type is characterized by pronounced positive assessments of Russia's situation on the world stage, optimistic forecasts for the development of both the economy and the development of the country as a whole in 10-15 years. Representatives of this type see the main national idea in the unity of the peoples of Russia in order to revive the country as a great power. Representatives of the “person of the world, Internet” type are characterized by less positive assessments of the present and future of Russia. The main national idea for them is to create a legal and modern democratic state, the path of development is a free market economy. Among the values, such concepts as human rights, freedom and democracy are more significantly represented. But the most important difference between the second type is the pronounced migration sentiment.

Functions of the Police in a Modern Democratic State: Essence and Classification

Functions of the Police in a Modern Democratic State: Essence and Classification

Internal Affairs Bodies and Their Place in the System of Tasks and Functions of a Modern Democratic State: Issues of Legal Doctrine

The author points out that among the main priorities of Ukraine’s domestic policy since independence has been the creation of reliable mechanisms for security, political stability, and democracy that would correspond to the relevant mechanisms employed in the European Union. The prospect of EU membership is defined at the constitutional level and is a strategic guideline for Ukrainian aspirations for transformation and a key goal for which reforms are being carried out within the Ukrainian state. The creation and implementation of such mechanisms is the standard that will allow Ukraine to join the EU’s common security system, increase the effectiveness of control over the movement and non-proliferation of weapons of mass destruction, and bring international cooperation in the fight against organized crime, illegal migration, smuggling, terrorism, and drug trafficking to a new level. It is noted that Ukraine’s intentions to integrate into the European space have necessitated significant changes in national legislation aimed at adapting to a wide range of norms and standards generally accepted in international and European practice. The sphere of public security protection deserves special attention from lawmakers, as human rights protection is an invariable «gold standard» that distinguishes a democratic state. Given the state-forming importance of the national police, its improvement is in the zone of increased attention from both the government and society. It is extremely important today to create an effective organizational model of police bodies capable of reliably protecting the interests of the economy and citizens, implementing such principles of reforming the Ukrainian police that would result not only in excellent work in detecting and stopping offenses but also in creating significant resources for preventing offenses. The author demonstrates the dependence of the functional orientation of police structures on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. Therefore, the logical idea arises that the functional orientation of police structures may depend on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform.

Functional characteristics of police in a modern democratic state

The article discusses the role of police in modern democracies, focusing on their core functions and how to categorize them. It highlights the need to balance public safety with individual rights as law enforcement adapts to societal changes. The author reviews various scholarly perspectives on police functions, tracing how these views have evolved since the Soviet era towards a more democratic approach. The paper examines the legally defined duties of Ukraine’s National Police and how these shape the police’s functional priorities. Emphasizing crime prevention as a key police function in democracies, the author proposes a new classification system for police functions. This system includes five main areas: prevention, protection, crime response, service provision, and information sharing. The article explores «function» as a legal concept, particularly in relation to policing. It notes that police functions stem from and serve to accomplish their assigned tasks. In conclusion, the author offers a new definition of police functions in modern democracies, stressing their transparent, apolitical nature and focus on crime prevention and rights protection.

Access to justice as an element of the rule of law in the modern democratic state

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations.

Мобилизационный демократический конституционализм и конституционные изменения: теоретические, российские и сравнительные аспекты

The study reveals the theoretical and public legal foundations of constitutional mobilization and mobilization constitutionalism, distinguishes between the categories of “constitutional changes” and “constitutional modernization”. The mobilization of various subjects of constitutional law with powers of authority, professional knowledge and ordinary citizens is an important trend in modern democratic states when carrying out constitutional changes. The author of the article believes that in comparative constitutionalism a new area of research on public legal and constitutional politics is emerging, which reflects the process of involving various subjects of constitutional law in constitutional mobilization and constitutional changes.

ინტეგრაციისა და რეინტეგრაციის ბენეფიციარების საჭიროების კვლევა

Georgia faces significant challenges, the main of which is the rapid and sustainable development of the country's economy in adherence to the principles of the free market, the establishment of institutions relevant to the modern European and universal democratic values system, the provision of social welfare, and integration into the European and Euro-Atlantic space. Overcoming these challenges and building a modern democratic state requires systemic changes in the management and implementation of state policy. Despite the legislative reforms implemented in the field of migration in recent years, the improvement of legal mechanisms for regulating this area remains a challenge, while certain issues still require legal regulation due to the needs of the beneficiaries. Based on the results of the survey, it is advisable to implement the following measures in order to better integrate internationally protected persons: promoting the teaching of the Georgian language, improving access to public services, employment assistance, budget increase of integration programs.

The threat posed by a woman inventor: law, labour and the subjugation of Louisa Lawson

In 1896–1897, Louisa Lawson (1848–1920) filed a number of patent applications. This article explains how her inventions were an expression of modern feminist practice and aligned with the progressive suffragette campaign for equal economic rights for women. It plots the unrelenting opposition to Lawson’s entrepreneurship and explains why her successful litigation to enforce her legal rights was a hollow victory. This history raises significant questions of contemporary relevance about law, culture, power and political strategy demonstrating the historical resistance of all major institutions of the modern democratic state – unions, bureaucracy, parliament and the courts – to gender inclusion.

The ‘glass ceiling’ of Germany’s socio-ecological transformation: Citizen, expert, and local stakeholder perspectives on responsibility for change

The IPCC (2022) underscores the urgent need to transform economic and social systems to stay within the ~1.5 °C warming threshold, with the pressure placed on states to lead the processes of transformation. Germany’s market economy is currently neither socially nor ecologically sustainable, requiring a socio-ecological transformation towards sustainable consumption and production systems. As the imperatives of the modern democratic welfare state require high levels of material welfare, economic growth and legitimation through (over)consumption, there is currently a “glass ceiling” to any such transformation. Through a combination of empirical research methods, including 11 expert interviews, a gamified citizen workshop with 22 citizens, and a local stakeholder workshop with 27 stakeholders, this paper explores the readiness and perspectives of German citizens, experts, and local stakeholders for a socio-ecological transformation. The findings highlight the contradictory role given to the state in the transformation, the difficulties of transforming “imperial modes of living”, and the collective evasion of responsibility, which suggests a “glass ceiling” to transforming the German market economy into a genuinely social and ecological model.

Prospects for the development of constitutional principles of the constitutional and legal status of a person and a citizen

The article substantiates the need for further development of the constitutional principles of the constitutional and legal status of a person and a citizen in Ukraine. In order to solve this task, the current legislation in the field of the constitutional and legal status of a person and a citizen was analyzed, recognizing that the Constitution of Ukraine created an effective constitutional and legal basis for further law-making and rule-making activities of state structures regarding the principles of the constitutional status of a person and a citizen. At the current stage of state formation, the observance of human rights in Ukraine is connected with the legal trend of their recognition at the state-legal level. It should be noted that they are enshrined in various international legal acts, and above all, they are aimed at the development of rights and freedoms, as well as individual guarantees. The problems of the real guarantee of the rights and freedoms of a person and a citizen within the framework of their consolidation in the constitutional principles of the legal status of a person and a citizen, as well as the question of the actual state of the position of these things, rarely become the subject of scientific research. It is this that determines the need to research the aspect of the prospects for the development of the principles of the constitutional status of a person and a citizen, as well as the elements and mechanisms of its implementation. It is argued that the modern constitutional development of Ukraine in the context of the European dimension of political transformations determines the problem of rethinking the role and meaning of the constitutional principles of the status of a person and a citizen in Ukraine in the process of forming a new legal reality. It was determined that despite the establishment of the basic principles of the constitutional and legal status of a person and a citizen in the Constitution of Ukraine, there is an urgent need for their further development in the context of building a modern democratic legal state. A conclusion is made about the special role and significance of modern transformations of constitutional norms, which highlight the status of a person and a citizen, for the sake of normal and harmonious formation of prospects for the development of the principles of the constitutional status of a person and a citizen, and the introduction of appropriate changes to the Constitution of Ukraine.

DEVELOPMENT OF MODERN DEMOCRATIC STATES AND THEIR POLITICAL SYSTEMS WITH REFERENCE TO THE POLITICAL SYSTEM OF THE REPUBLIC OF SERBIA

The identity of a state is expressed in its external relations, as well as in its internal organization, i.e. the policy it implements. A democratically formed political system implies that the state is successfully organized, the main understanding of society is freedom and justice, democracy does not know war, the principles of justice rule between groups, which means that each group with its own characteristics has the freedom to organize its life and relations with all others groups, the right of independent development must be nurtured, which complements the duties of each individual group. The paper presents the theoretical framework of the appearance of modern democratic states, describes the contemporary practice from developed political systems, expresses the effects of the modern political system and defines three approaches to assessing the validity of the political system, shows a special review of the political system of the Republic of Serbia. The scientific and social justification of this research work is based on pointing out and highlighting the factors that contribute to a greater degree of democracy and less class differences, which certainly determines the political system and society of a modern state, where the Republic of Serbia aspires to be.

이스라엘의 하레디 유대인들은 누구인가

This paper analyzes the political characteristics of Haredi Jews and evaluates their impact on Israeli political development. This paper analyzes and utilizes information from Jewish organizations and Haredi Jewish organizations, papers published in Haredi professional journals and religious journals, books on Haredi Jews, materials from Israeli government and Knesset, and Israeli, British, and American newspapers. I re-wrote this below This paper analyzes the political characteristics of Haredi Jews and evaluates their impact on Israeli political development by utilizing information from Jewish organizations, the academic literature, materials from Israeli government, and Israeli, British, and American newspapers. Historically, most Haredi Jews have pursued the political and economic interests of their community while changing their positions on the state of Israel and Zionism. In recent years, Haredi political parties have emerged as important influential actors in Israeli politics. Haredi Jews are a key element of Israel's identity as a Jewish state. However, the active participation of Haredi Jews in politics can be a fatal weakness and a major obstacle to Israel's development into a modern democratic state.

LOCAL SELF-GOVERNMENT AS THE BASIS FOR THE AGRICULTURAL DEVELOPMENT AND THE AGRARIAN POLICY IMPLEMENTATION IN THE REPUBLIC OF SERBIA

The development of modern democratic states implies respect for the principle of subsidiarity, which means bringing down decisions and their execution to the local level. The decisions regarding the use of agrarian potential in the Republic of Serbia are still under the jurisdiction of the central government authorities, which contributes inadequately to the overall stability and development of agriculture in modern geopolitical correlations. The goal of this paper is to point out to the necessity of understanding the need to enable as much as possible the authorities at the local self-government level of the Republic of Serbia to implement the strategic goals of agrarian policy while improving permanently their agricultural capacities. Based on the research on the opinions of relevant state and local authorities and on empirical and theoretical arguments, the authors support this claim and provide a new perspective for the content of agrarian policy, as well as the development of the rich agricultural potential that the Republic of Serbia has at its disposal.

Pravno regulisanje prekida trudnoće u komparativnom pravu / Legal Regulation of the Termination of Pregnancy in Comparative Law

This paper explores the legal regulations on the termination of pregnancy in comparative law, a sensitive topic that, although it does represent the exclusive domain of state regulation, encroaches into human rights as well. The basic research question is how selected modern democratic states legally regulate the issue of the termination of pregnancy. Hence, the research goal is to prove that the trend of modern democratic states is to allow the termination of pregnancy even on request, but also to determine the existence of recent retrograde trends in this area. In this paper and research, except for the comparative method, the analytic, dogmatic, normative, and axiological methods are utilized. Although the core of the research is comparative legal, the historic and international legal segments are presented in short in this paper. In researching the following selected states, BiH, Serbia, Croatia, Germany, USA and Ireland, it is determined that the termination of pregnancy is currently largely allowed even on the request of a pregnant woman, especially for justified reasons, with regards to a specific legal regime (Germany), a sudden shift in complete liberalization (Ireland), and even for retrograde changes towards absolute prohibition (USA). In the argument section, the right of the state to ban a medical procedure out of arbitrary reasons (at least in modern discourse) is considered (even disputed). The conclusion is, considering the practice and development of democratic states, the trend of allowing the termination of pregnancy in early stages on demand of a pregnant woman without a reason, and in later stages with a reason, is evident. Concerning the region, the situation is relative satisfactory, although in greater parts of Bosnia and Herzegovina as well as Croatia the outdated legislation needs innovations, as well as certain improvements, which at this point is inevitable.

To the question of the feasibility of using legal propaganda as a form of legal nurturing

The article attempts to clarify the term "legal propaganda” on the basis of clarification the essence of propaganda and justify the inappropriateness of using this phrase in relation to the form of legal education in a modern democratic state.
 It was found that both in the legislation and at the doctrinal level, the term "propaganda” is given a mostly negative meaning and is considered as a tool for spreading mostly anti-social, harmful, socially dangerous and frankly illegal phenomena and processes.
 It has been shown that most definitions of propaganda contain the words "manipulation”, "pressure”, "deception”, which clearly demonstrate that any propaganda implicitly includes false or distorted information, a deliberate violation of the rules of formal logic and is a hidden manipulation. It is argued that propaganda is rightly opposed to pluralism, and this makes this term inconsistent with the general principles (fundamentals of the constitutional system) of a modern democratic legal state.
 The given "systematic signs of propaganda” prove the impracticality of using the term propaganda in relation to positive phenomena and processes, such as "legal propaganda”:
 It is assumed that the use of the term "legal propaganda” can be avoided due to the development of doctrinal thought regarding legal influence and the method of persuasion.
 The possibility of a limited application of legal propaganda as a special-legal aspect of the operation of law in society, for example, some legal and educational areas in the activities of the police ("propaganda for compliance with traffic rules”), is assumed.
 The opinion that any coercion, suggestion, manipulation, imposition in law is inappropriate in view of the prevailing anthropocentrism is defended. It was concluded that the method of action through the system of values is more relevant and effective.

The right to freedom of expression and its limitations according to Albanian legislation

Abstract The right to freedom of expression, not without purpose provided for in the first amendment of the Constitution of the United States of America, is one of the main basic rights on which modern democratic states were founded. The enjoyment of this freedom is closely related to a series of other equally basic rights, such as freedom of belief, freedom of organization, the right not to be harassed for personal opinions, the freedom to be attached to a certain political party, etc (Salvatore, 2019). The right to freedom of expression is one of the oldest freedoms that arose as a result of freedom of religion, mentioned by the first Christian writers during the II-III century, and then during the conflicts between Catholics and Protestants in the centuries XVI-XVII. On the other hand, it was encouraged and elaborated by the great theorists of the freedom of scientific research (just think of Descartes and Galileo) and of political freedom (such as Milton). Later, the right of Freedom of Expression was elaborated by philosophers of the XVIII-XIX centuries such as Voltaire, Fichte, Benthan. In this sense, John Stuart Mill said that freedom of expression protects us from corrupt power, tyranny, and this freedom is one of the basic guarantees for an open and pluralistic society (Mihajllova, Bacovaska and Shekerxhiev, 2013). Since the circulation of ideas is a prerequisite for the communication of thought, the freedom of expression or manifestation of thought has always been considered by Italian constitutional jurisprudence as the cornerstone of the democratic system (Bin and Pitruzzella, 2012). Main objective of this manuscript is the analysis of the Albanian legislation and jurisprudence about the freedom of expression.

Ketaatan, Ketidaktaatan, dan Keadilan dalam Negara Hukum

Laws are systematic rules that aim to guarantee citizen’s rights and freedom as well as to maintain social order. And yet, legal rules are often not obeyed because the essence and the law-making process do not provide a sense of justice to society. It raises a question: What is the principle for citizens to obey or disobey the law? Through an expository-critical approach, this article seeks to answer this question by reflecting Plato’s notion on obedience, disobedience, and justice in the state based on rule of law. It argues that justice is the main principle for citizens to obey or disobey the law since it is an architectonic principle which unify all other virtues. This theory has become an inspiration of the theory of law and the theory of civil disobedience in the modern democratic states.

Democratic republicanism and political competence in treatments of radical Enlightenment

ABSTRACT This article argues that what was understood as democracy in the eighteenth century differs fundamentally from modern democracy. While modern democratic states take locally born or naturalized personhood as the criterion of citizenship, eighteenth-century advocates of democracy demanded proof of political competence to allow participation in politics. While the requirement of competence to engage in any activity is not unreasonable, if defined, as it was by most Enlightenment thinkers, as a combination of independence, cultural standing and wealth, it is clearly elitist. Enlightenment criticisms of birth and status as criteria of political standing should not be mistaken for demands for broadly inclusive, modern conceptions of equality and democracy. Rather, most Enlightenment thinkers and publicists, fully aware of the implications of widespread and debilitating poverty, expressed reservations about granting the ‘people’ an effective role in politics. Far from being ‘radical’, Enlightenment political theory called for the replacement of an elitism based on status and privilege with an elitism of ability and wealth.