Consolidation and internationalization of civil society: new challenges, global realities and tasks

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Consolidation and internationalization of civil society: new challenges, global realities and tasks

Oleksandr Skrypniuk

Doctor of Law, Professor, Academician of the National Academy of legal sciences of Ukraine, Honored Lawyer of Ukraine, Director of V.M. Koretsky Institute of State and Law

National Academy of Sciences of Ukraine, Kyiv, Ukraine

Nataliia Onishchenko

Summary

Modern world processes related to the full-scale invasion of the russian federation into Ukraine have posed a number of important tasks to legal science, in particular, regarding the interaction and interdependence of civil society, the state and such a phenomenon of social reality as degradation manifestations in certain societies of the modern world. This article is devoted to the understanding of these and related phenomena. In a particularly acute form the problems of the formation and functioning of civil society appear in times of social unrest. Today, all aspects of the life of civil society in Ukraine are «exposed»: political, economic, social, philosophical and, of course, legal.One of the most important tasks today is determining the optimal relationship between the state and society. A separate vector of the publication outlines the role and significance of civic education in a civilized society. civil society social development

Keywords: civil society, social development, tasks of modern science, civic education, factors of ideology.

A lot of attention is currently focused on the processes that take place in social world development. It should be noted that the processes initiated by national societies largely determined and still determine the formats of interaction between states regarding assistance in various spheres of human life after the full-scale invasion of the russian federation into Ukraine.

So, it is clear that in the conditions of modern realities, the role and importance of a globalized, internationalized, consolidated civil society is growing in geometric progression.

However, we note that we are talking about civil society, which is formed and develops in the conditions of the progress of civilization. In this regard, before

proceeding directly to the coverage of the stated topic, we would like to pay attention (in summary) to the theoretical coverage of the role, properties and characteristics of modern civil society.

In particular, several «alphabetical» but important provisions for presentation:

a) civil society is emancipated, freed from the state;

b) institutions of civil society are interconnected, mutually corresponding to the development of a democratic, legal, social state;

c) civil society is «responsible» for representing human interests before the state; protects against excessive state interference in personal/private life;

d) it is the civil society and the state that are responsible for the socialization of the individual; for the education of an individual who is able to think independently, make decisions and, what is very important, to be responsible for the consequences of one's, including political, activities;

e) institutions and structures of civil society acquire a decisive importance in relation to the protection of human rights in today's realities; it is clear that the entire burden of «security mechanisms» cannot rely only on the state;

f) civil society does not aim to become a «twin» or «substitute» of the state; it does not appear out of nowhere. It is preceded by social and state development. So, these are two realities of social reality that exist and develop together.

We offer to delve deeper into this issue.

There is no doubt about the relevance of issues related to civil society in the context of relations with the legal state, consideration and protection of human rights and freedoms, development of civil society institutions, etc. However, a certain gap in our research is the analysis of mutual compliance, mutual consistency and interaction of civil society, the legal state and public life as a phenomenon of social reality.

Given that civil society is mostly defined as a set of individuals (namely individuals) and their associations with developed political, legal, cultural, economic ties, which acts formally independently of the state, although it interacts with it, it should be noted that individuals should influence the state in order to achieve the general public good. It is thanks to such interaction that civil solidarity is formed in society.

So, in the scientific literature, it is rightly noted that the importance of civil society in the conditions of the functioning of a democratic political regime and a social, legal state consists, in particular, in the following: 1) civil society forms an appropriate social environment in which personality is formed and developed by creating conditions to satisfy her basic needs and interests, that is, conditions are created for her broad self-realization; 2) civil society acts as a guarantee of protecting the interests of each individual, his natural rights and freedoms from excessive state interference in private life; 3) institutions of civil society formulate and represent public interests before the state, and also seek to ensure an effective dialogue with the state regarding the protection of these interests or the settlement of possible conflicts; 4) with the help of the inclusion of an individual in the structure of civil society, the realization of spiritual and material interests necessary for him, integration into the social environment takes place [1].

Civil society as a society of citizens who are equal in their rights and duties, a society that is nominally independent of the state, but interacts with it to achieve the common good, is the basis of the state. The state, in turn, protects the democratic principles of self-government of all non-governmental organizations that directly form civil society. For the civilized development of both phenomena, it is necessary to create a reliable, effective and harmonious mechanism of their interaction and mutual enrichment [1].

However, civil society does not appear in an empty place, it must be preceded by social and state development, moreover, the degree of perfection of civil society institutions depends on the perfection of both society and the state in certain spatiotemporal dimensions its greater or, unfortunately, less «maturity» and development.

Without the existence of the state (state bodies and other institutions of state power), there would be no civil society (its institutions) in the modern sense given to this concept today. After all, civil society gains its strength and ability to develop precisely in interaction (dialogue and partnership) or confrontation (conflict) with the state. Institutions of civil society do not function according to their own laws, which differ and do not depend on the complex national legal system. Once again, we want to emphasize that civil society is fighting against the totalitarian state, not against the legal state.

Many works, both articles and monographs, both scientific and publicistic, have been written about civil society in recent years. However, the analysis of this phenomenon impresses not only with its diversity, but also with significant contradictions. The understanding of civil society can be considered a somewhat «blurred» concept, since the number of definitions of the latter cannot be counted. However, some authors believe that all definitions are functional, and the absence of a single definition, on the contrary, represents a certain advantage for future research or journalistic projects.

The current state of Ukrainian society requires the scientific community to find answers to general social impulses, in particular, what reform strategies are needed: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the legal state and civil society that should become the basis for amendment and correcting the unstable economic situation.

Issues related to the legal and civil activity of citizens are becoming interesting, little studied and extremely important in view of the current political and legal processes in Ukraine. It is no secret that social, in general, and legal activism, in particular, significantly increases during the turning points in the legal state formation.

However, the lack of research on the interaction between the state, civil society and such a phenomenon of social reality as public life should be considered a certain gap in modern scientific development, we emphasize it once again. Thus, the question arises whether it is correct from a legal and scientific point of view to perceive civil society exclusively as a center of certain public organizations. The fact is that public organizations were and are being created with different goals, have different «programmatic» and prognostic directions, different spheres of activity and influence, and, although it is not indisputable (that is, it can be discussed), different worldview foundations. After all, some of them are focused on «sports» topics, others on the ethnic environment, some protect certain rights, while others, on the contrary, promote them.

In this way, it would be inappropriate to count on their consensus «vision» regarding the priority of development tasks in modern conditions. In addition, some active individuals of civil society may not yet choose a certain public organization for themselves, precisely because it does not yet exist, for example, in their administrative-territorial units. Therefore, one should realize that it is not possible (and probably not necessary) to completely identify civil society and public life. These are quite different phenomena of social reality, but, of course, they are mutually relevant, mutually necessary and mutually conditioned. Therefore, guidelines should be clearly outlined regarding the appropriate balance of civil society, the state, and public life as an effective form of establishing civil society.

Civil society can be relied upon and is entrusted with certain strategic tasks, it is a kind of compass, a kind of reference point for future actions. Moreover, it is characterized by appropriate forms of communication (for example, a public discussion exam, public hearings, etc.). Regarding a specific public organization, for example, the association of mass media and television - radio - communication workers, in our opinion, such an organization cannot perform, and it is not necessary, broader functions and tasks than are recognized by its charter or other regulatory documents, «replacing» the state as well, duplicating its functions.

In this way, we note once again that a mature, active and influential civil society [2] cannot be identified with a quantitative indicator of the presence or absence of certain public organizations. Another thing is that public organizations are called to properly perform their functions and tasks, which is a necessary condition for civilized social and state development in accordance with the current legislation. The issue of civic education is indicative in this aspect. So, today, speaking about the proper political and legal activity of an individual, one should start from «beginnings» - proper civic education (as a process) and proper civic education (as a result).

After all, only a person who is brought up in the ideals of democracy, the best examples of a developed civil society, humanity, decency, high service to humanity, and devotion to a civic position can become a worthy member of Ukrainian society.

Today, we all need a revival of respect for the law, the principle of the rule of law, principle of legality, increasing the authority of public opinion, and the formation and development of a citizen's position.

Taking into account the specified format, I would like to stop with a scientific review of the category «civic education», or rather its components - legal and moral saturation. Without denying that civic education, in addition to the specified components, have many other factors, such as: ethical, aesthetic, religious, etc. Nevertheless, we will devote this analysis to the role of legal and moral principles in the formation and development of civic education.

Morality is an important social institution. It is a set of principles, views, assessments, convictions that were formed historically and are developing, and norms of behavior based on them, which determine and regulate the attitude of people to each other, to society, the state, the family, the team, and the surrounding reality.

There is no doubt that civic education is the «prologue» to the effective protection of human rights and freedoms, which is impossible today:

1) without effective intervention of civil society in all processes of law and state formation;

2) without proper development of all institutions of the modern European state;

3) without harmonious and balanced action of institutions of civil society and the legal state;

4) without the education of a socially active personality capable of reformatory changes in the conditions of the development of civil society.

Now a few illustrative considerations specifically regarding the processes associated with the degradation of society in the russian federation:

1) in no case is it possible to claim that this society is emancipated from the state. On the contrary, this society is «fused» with the state, connected with it by «inseparable» umbilical ligaments, regarding criminal intentions and encroachments;

2) society in the russian federation is characterized by a pronounced «militarized» character, which demonstrates the corresponding state tracing paper, organizational structure, completely detached from the realities of today. That is, the purpose of the existence and functioning of this society is limited to the name of the well-known and long-known song «Back in the USSR»;

3) moreover, in no case can modern civil society aim at a purely «destructive» nature of its activities, such as: killing civilians, especially children. To date, 348 children have died in Ukraine;

4) one of the vivid illustrative examples of this is the existence of so-called «proscription» lists - lists of «enemies of the people» (the term «proscription lists» is received from the History of Ancient Rome). This does not require additional justification, given the appropriate attitude towards progressive representatives of art, literature and science in the russian federation, of whom there are actually much more than the russian mass media have shown;

5) it is hardly possible to deny the fact that the ideological basis of russian society is in some places outright fakes (for example, the creation of Ukraine by V. I. Lenin). Propagandists, not scientists, become the representatives of ideological social development, so the «instructions» of the ideological variety, such as not to use serious scientific justifications, monographic works, ideas, concepts, which would be equal to or more than 100 pages (society does not need), do not cause surprise, justifications should be of «small arithmetical forms», not to mention meaningful content.

It is clear that in any civilized society, the opinion and motivation of scientists always deserve appropriate attention. Once again, we state that scientists - political scientists, lawyers, philosophers in the russian federation have been replaced by propaganda «slogan» patriots of television programs, which are quite far from any scientific understanding and scientific generalizations. Therefore, considering the scientific community of the russian federation as a certain segment of society, it is possible to ascertain both the general decline of scientific thought in general (humanitarian in particular), and of russian society in the context of various forms and processes of the anti-democratic regime in the russian federation.

Литература

[1] Шемшученко, Ю.С., Оніщенко, Н.М., Пархоменко, Н.М., Стоєцький, С.В., Фощан, Я.І., Макаренко, Л.О., Львова, О.Л. & Сунєгін, С.О. (2015). Концепція удосконалення діалогу громадянського суспільства, особи та держави в контексті забезпечення та захисту прав людини в Україні. Київ: Ін-т держави і права імені В.М. Корецького НАН України.

[2] Про Національну стратегію сприяння розвитку громадянського суспільства в Україні на 2021 -2026 роки (Указ Президента України). № 487/2021. (2021). Вилучено з https://zakon.rada.gov.ua/laws/show/487/2021 #n17.

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