Ukraine is on the way to building a new society

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Ukraine is on the way to building a new society

Introduction

The need to correct the mistakes made in the process of constitutional formation of the Ukrainian state is an urgent need. Political forces offer various options for constitutional reform in Ukraine. They include both a change in the scope of authority of the authorities and various ways to update the Basic Law, without excluding the adoption of a completely new document. Total non-compliance with the Constitution of Ukraine by the authorities has led the state and society to a systemic crisis, from which there is only one way out - the adoption of a new version of the Constitution of Ukraine and the formation of all state and local authorities on a new constitutional basis.

Today, it is impossible to carry out a successful constitutional reform without a broad public discussion and the direct participation of politically neutral constitutional experts. After all, it is the citizens who must form a public order for a new Constitution. Ukraine needs a new social contract between citizens, enshrined in the new version of the Constitution. The Social Contract as a set of principles and rules of coexistence in society is a matter of civil society itself, and power is only a system of ensuring the protection and realization of the interests of society. The new version of the Constitution should be created by civil society through its authorized representatives, who assume the performance of political functions in the state and must abide by them. Awareness of this leads us to believe that a way out of the constitutional crisis is possible only if the new Constitution is adopted as the implementation of the constituent power of the people on the basis of the rule of law. Also, there is an alternative to adopting an amendment to the existing Constitution in the form of a political and legal document, which will be the Charter of Human Rights like a similar document that exists in the EU. But it is impossible to limit oneself to this, although the Charter can provide for a codified part in the form of articles as in the constitution with a classical structure. This refers to the structure of the articles, which will be a hypothesis, disposition and sanction. Also, it will be possible to provide a part that will be based on precedent. Since time does not stand still, it is impossible to predict everything, due to the emergence of new relationships, which must be governed by law. In other words, the Constitution can be adopted on the basis of the New Social Contract, the National Charter of Human and Civil Rights, in codified form, and the National Code of Ethical Conduct for Citizens. Such documents will be aimed at strengthening the role of civil society.

The purpose of the article. to reveal the conceptual foundations of the New Social Treaty, which is extremely necessary for the organization of interaction between the state and society at the present stage of Ukraine's existence as a legally independent state.

The concepts of the social contract have been developed since ancient times. The founders of which were: Plato, Aristotle, Thomas Hobbes, John Locke, J. -J. Rousseau, Paul Henri Holbach. In our time, the following modern scientists have worked on the components of the concept of the Social Contract: Abolina T., Bakshtanovsky V., Prylutska A., Kapustin B., Luman N., Sogomonov Yu., Schreider Yu.

Presenting main material

At the present stage, in the existing scientific sources and mass media, several names are used, namely: Social Contract and Public Contract. The name Social Contract is outdated, although the founders of the theory of interaction between the state and society set out their concepts under this name. Public Contract is a more modern name. At the time of the founding of the theory of the social contract, such a document was not formalized in the form of a paper document. The theory of social contract was a system of views and principles of interaction between government and citizens in secret, in accordance with existing customs and traditions. The term Public Contract is now used, although the Social Contract, if formalized as a document, can be called public, as the main actors in the political process and the goals they are trying to achieve are the same. This interpretation is correct, because these documents use the same conceptual and categorical apparatus. Therefore, at first glance, although different names, but when acquainted with the content of these documents, we can conclude that they are the same. The name public contract has become popular recently due to the media, but paying tribute to the founders of contract theory, we will use the name social contract. [1]

The Social Contract must exist directly as the text on which the Constitution and other laws will be based. The Social Contract is not a one-time text of the agreement, it is a naturalized institution of agreements and negotiations of citizens.

Over time, the theory of social contract has changed. Thus, in Hobbes' time, the theory of the social contract was the idea of an authoritarian monarchy. Locke's theory defended the ideas of a liberal monarchy. Rousseau's social contract was based on liberal republicanism. At the present stage in Ukraine there is a model of social relations proposed by Rousseau, but a real Social Treaty since the declaration of independence in Ukraine did not actually exist. The social contract of independent Ukraine was abstract, fictitious and did not reflect the needs of Ukrainian society. Because of this, in our country for about 25 years, after the adoption of the existing Constitution, accumulated contradictions that overwhelmed the possible boundaries of existence.

The 1991 referendum stated the fact of the collapse of the USSR. That is why it is difficult to call the 1996 Constitution a social contract, which was adopted overnight as a compromise between President L. Kuchma and the majority in the Parliament. The question arises as to how the people took part in concluding such an agreement. The Constitution cannot be considered a social contract if it was adopted not as an Act of Statehood (Constituent Treaty), but as a law, and not by citizens, but by their representatives in the Parliament of Ukraine on June 28, 1996. Although at that time the text of the Constitution of Ukraine was one of the best in Europe. It guaranteed all possible rights for every citizen of the country. However, time has shown that the guaranteed rights were only declarative. The state failed to ensure the full realization of human and civil rights, not because of a lack of political will, but because of new economic relations, when the state lost important control over the political process, due to lack of communication between state institutions and civil society, due to public contempt. [3]

In Ukraine, a false political tradition has taken root, which is expressed in the fact that when a politician is elected, he makes various promises based on public opinion, and after the election, guided by their own useful motives in the exercise of power. Although the president is elected by direct vote, the tradition of ruling alone, regardless of society, does not escape the minds of most elected presidents. We can mention the following words: despotism leads to freedom, freedom breeds anarchy, and anarchy in turn returns to despotism. Such a course of the historical process is inevitable in the absence of a harmonious model of interaction between government and society.

Since the Constitution was not submitted to the All-Ukrainian referendum, and the participation of civil society in the adoption of the Basic Law was limited, it can be argued that there is no social contract and there are only some tacit agreements between the participants in the political process. Thus, in Ukraine there has never been a legitimate social contract between citizens and the state. The reason is as follows: we did not create a state from scratch, we got all the infrastructure (state, resource, educational and other) from the model of the USSR.

Some defenders of the current model of statehood believe that there is a "preliminary positive consensus on an illegal basis" in Ukraine. In other words, we have agreed, by default, to live together in the state of Ukraine. We associate ourselves with this state and identify ourselves as Ukrainians. And this is enough for the opponents of the Constituent Assembly. Everything else should be the responsibility of the elites, who "must agree among themselves." But this is by no means a social contract. In Ukrainian terms, it is an "agreement between the ruling" ruling "elite and the oligarchic groups. This agreement is defined as a" kleptocratic consensus "in the form of the formula" negative consensus of a narrow circle of the ruling class on an illegal basis. " "It looks like, 'You let us rule, and we let you survive.'[4]

The position of politicians and businessmen on the content of the Social Contract differs significantly from the position of ordinary people, as they have different approaches to the processes of interaction between government and society. The development of the Social Contract in Ukraine involved a wide range of experts who proposed various concepts, according to which it is necessary to choose the vector of movement on the way to the development of the provisions of this document. A large part of society supports such transformations in public life, namely: revolutionary changes and changes in the Constitution of Ukraine.

Since Ukraine's independence, two opposite but interrelated processes have taken place: periodic changes to the Constitution and protests and revolutions.

Since 1996, Ukraine has had a Constitution that establishes a presidential-parliamentary form of government. In 2004, amid the 29

Orange Revolution, there was pressure from independent proUkrainian political forces, led by V. Yushchenko and J. Tymoshenko, and from colonial pro-Russian political forces, V. Yanukovych, which led to the adoption of a new constitution that led to the transition. from presidential-parliamentary to parliamentary-presidential form of government.

After V. Yanukovych was elected the new President in 2010, these changes were illegitimately repealed by the Constitutional Court and returned to the 1996 Constitution, ie to the presidential- parliamentary form of government. The President of Ukraine was focused on relations with Russia and therefore paid little attention to the development of its own armed forces and navy, national security, allowed the destruction of connectivity and political balance between the regions of Ukraine given an independent political line. The inconsistency of the President's political line has led to a deep political crisis. This manifested itself at the beginning of the movement towards the European community, and then the refusal to enter into an association agreement with the EU.

As a result, this crisis led to the Revolution of Dignity in 2013-2014, after which the Parliament of Ukraine restored the 2004 Constitution, ie the parliamentary-presidential model. At the same time, the fighting in eastern Ukraine forced Ukrainians to elect an oligarch as President, who recreated the power of the oligarchs in Ukraine, and which ultimately led, in April 2016, to a counterrevolutionary coup in Parliament.

The current situation in Ukraine is characterized by prolonged hostilities in eastern Ukraine, the annexation of Crimea. Ukrainians are killed in an undeclared war. The government is unable to win or end this war. It is known that every war ends with peace talks, even in cases where one of the parties has been defeated, because on different sides there are not only political slogans and ideological orientations, but also the lives of ordinary people. [5]

The people, who are formally sovereign in Ukraine, do not have the opportunity to determine their future, because the government is oligarchic and unable to solve society's problems. The Constitution does not contain any responsibility of senior officials for their actions. The dignity of man and citizen in Ukraine is daily humiliated by injustice, poverty, lies.

Previous changes in the country's political life have failed to eliminate the following important circumstances: first, the inability of the privileged class of Ukraine to create a just republic, which would ensure the sovereignty, integrity of the country, noncorruption, strategic self-government; secondly, the failure of the community to obtain justice, true self-government and control over the public domain, as a result of two revolutions, so to speak, because the revolution involves a change of the ruling class. There was no such change in fact. As a result of revolutionary changes, the oligarchic government had to change the middle class, which includes the majority of citizens, although the definition of the middle class in Ukraine is very controversial, because, according to indicators that are decisive in developed countries, it is very difficult to classify a significant part of the citizens, whom most sociologists refer to this class. Despite this, it can be stated that the signs of revolution in the movement were originally. As a result of the accumulated contradictions, the government failed to govern in a new way, and society could no longer live under the old conditions. The rejection of the European course was the spark that led to the overthrow of the government. But at the same time, the Parliament of Ukraine, being a "club for the interests of large owners" managed to partially take control of the revolutionary process. This circumstance led to the fact that the revolution of dignity failed to change public relations in the state. People who sincerely supported the revolution of dignity were not only disappointed, but also disappointed by this state of affairs. Why people supported the revolution of dignity can be understood through a detailed analysis of the driving factors that prompted the civil protest. The majority could no longer agree with the corruption of the government, but the main circumstance was the economic situation of every Ukrainian. The hope of joining the European community would raise the standards of living standards, protection of human and civil rights. The authorities referred to the fact that there were no resources for such standards, but this was not true. It was necessary to fairly distribute and redistribute national wealth. Most people hoped that by joining the European community, Ukrainians would be able to move freely within the European Union. By the way, most of these citizens are workers from depressed regions who are forced to go to other countries to work in order to feed their families. There were also citizens who hoped that upon joining the EU they would be able to buy goods that are not produced by our country at reasonable prices. These hopes were not realized, and therefore many now have dual citizenship, although it is prohibited in Ukraine. The threat to statehood is precisely that the country is losing basic human resources. Ukrainians are leaving the country en masse in order to find a better fate in other countries, working for the benefit of the latter.

In 2013-2014, after the Revolution of Dignity, a number of social movements emerged that supported the idea of a new Republic. Among them the most famous are the "People's Constitution" and the "Charter of the Future". These groups led to the process of creating a new Constitution outside the influence of the privileged class. The documents developed by them, including the law on the Constituent Assembly, are sabotaged by the parliamentary majority. The situation changed when, after 2014, irreversible processes began not only in the government, but also in the majority of the politically active part of society. This allowed the drafting of the Social Contract and the Constitution, but at the same time significantly politicized the process. [6]

Now most of the oligarchs have used the opportunity to get rich by privatizing property, selling anything abroad, and therefore directly created and continue to create monopolies, thereby making capital in a dishonest way. This increasingly increases the dependence of citizens on the economically dominant class: rising tariffs, rising prices, increasing taxes on the middle class, limiting entrepreneurial initiative.

All attempts to overcome the crisis through reforms and improvements while preserving the existing political and legal content of the state are doomed to failure. This system reproduces only a highly toxic atmosphere in society, which kills any change for the better and faith in a common future. Total mistrust and betrayal accumulate, destroying the desire to live together in this area. We are already on the verge of total disintegration and atomization. Such changes to the Constitution will no longer save, because they are reduced exclusively to the redistribution of power and do not affect the fundamental principles: how and why we live together.

Therefore, the only way out of the situation of state collapse is to re-establish it by concluding a fixed New Social Contract. It must be based on the conscious act of a person who undertakes certain obligations to adhere to the norms and principles of coexistence. And it should not be an "pact of elites" or an agreement between the state, business and citizens, but an agreement between people and for people.

The world already has experience working with such documents. The new Social Contract should be based on the principles of co-management, co-ownership, self-realization and non-domination, replacement of the oligarchic state by a service corporation, plurality, personal autonomy of each citizen and general mutual assistance, delegation of rights and powers from communities to higher levels of government.

Representative democracy has not covered the deficit of participation and rationality of governance. With the introduction of universal suffrage, the state has not improved, although such a form exists in democracies. Our country needs a comprehensive approach to solving the problems that have accumulated over the years of independence.

With the development of information and communication technologies, there was a need for meritocratic tools and direct participation of citizens in management decisions. This approach will strengthen the role of civil society and make it possible to put into practice the rights and opportunities of the common man.

As one of the philosophers of republicanism, Quentin Skinner, points out, to be free (to have freedom) means to see one's own will in the laws that are passed. Do not delegate the right to legislate to professional politicians, but directly influence the process. In addition, co-administration is the right to elect a judge, sheriff and be able to recall them.

In the transition phase to real co-management, the institutions of control and punishment for violating the terms of the Social Contract will play an important role. The price of freedom is the indefatigable vigilance of citizens.

The people, alienated from their property by an imperfect system of legal norms, cannot fully realize the sovereignty of the country. The fact that the state is now a bad owner does not mean that citizens should be left without their property.

There are many ways to use this property for the benefit of society without the participation of the state, but they need to be formalized. To do this, cadastration should be carried out and open registers of property and assets should be formed, which can be attributed to the joint ones. It's not just about land, subsoil, natural resources, state-owned enterprises. In common, what we can jointly own and receive a specific benefit, including:

- part of the income received as a result of the useful use of property owned by citizens of the country on the basis of civil law agreements;

- part of the income received from natural heritage and other types of rent (lease) for the use of property of citizens of the country;

- part of the income received in connection with the application of sanctions in prosecution for violation of antitrust law;

- part of the income received as a result of nationalization of property on the bases determined by the laws of the country, etc.

We assume that by entering into the New Social Contract, citizens lay the foundations of an ecosystem partnership (partnership with Nature), and do not continue to consume predatory natural services.

In the Social Contract, each participant will have a guaranteed right to receive a personal share of public income from the use of common property. This is not a traditional form of "basic unconditional income" that should replace unemployment benefits, as in some countries. Citizens receive this share because they participate in the affairs of the country, perform civic duties, protect it, and co-manage. Although it is not big money, it is enough for physical survival. In addition, it will relieve the burden of many social benefits. For a decent life you still have to work.

The manner of implementation of this provision should be enshrined in the Constitution, which will be adopted on the basis of the New Social Contract.

Ukrainian society chronically suffers from a lack of trust: in government, in institutions, in each other. But history shows that we as a nation know how to trust. The fact is that our trust arises when there is active participation and focus on the future. There is a need to form among Ukrainians an awareness of the benefits of cooperation, as the main method of building relations between them, as an alternative to conflict. It can exist in the form of a peripheral "failed state" under the tutelage of Western "partners", or as a colony of Russia - a return to the space of "Russian measure". In both the first and the second case, among our fellow citizens there will be those who will feel comfortable in such conditions. As governors of the new metropolis, the oligarchs will continue to rob us. They will be fine. Politically active pro-Ukrainian citizens who want "their truth and strength" will have to die or emigrate. Citizens of Ukraine have all the prerequisites for conducting their own independent life line.

An important point for understanding the Social Contract is the contract concluded between the citizens, or between the citizens and the authorities. In our future socially oriented state, where all citizens have equal rights and opportunities in accordance with the Constitution, the state will act as an instrument of society, and therefore, the Social Contract can be between citizens, which will specify the mechanisms, means, bodies of civil society to government agencies. This can only reflect a society in which there are no contradictions. It can be stated that the contradictions that have accumulated over the years of independence cannot be resolved in such a simple way. In our country, the problems of the political economic crisis have accumulated for many years. There is no simple recipe, and therefore it is necessary not only to build a legal framework in which issues will be resolved, but also to reconsider the relations that previously arose during the development of the state.

It is the citizens of Ukraine who must be the protagonists of the constitutional process, as it is a question of the actual establishment of their own state. Citizens, as the founders of the state, must record their rights and responsibilities, develop rules of self-organization, the principles of organization of the system of government and the general framework for the functioning of politicians. [7]

Any attempts to impose on society artificial party-coalition draft amendments to the Constitution or a new version of the Constitution, developed exclusively by politicians on the presidential-parliamentary-governmental sidelines, to hold an allUkrainian referendum on them, will manipulate public opinion and doom new social conflicts..

To ensure the longevity of the constitutional tradition, the newly elected Parliament must adopt only amendments to the Constitution that will convene a constituent constitutional assembly, the Constitutional Assembly, to adopt the new Constitution of Ukraine.

Delegates of the Constitutional Assembly elected by citizens should be deprived of the right to be elected to any public authority for the next 10 years. Although this path is not perfect, it will allow the majority of the population to organize the process of adopting the New Social Contract. Delegates will coordinate the preparation not only of the New Social Contract but also of the new Constitution, the National Charter of Human and Civil Rights, and the National Code of Ethical Conduct for Citizens. On the way to building a renewed state, the last word should be for the people of Ukraine, who will directly adopt the above-mentioned documents, which will become the basis of public life. Following the adoption of the New Public Treaty and the new Constitution, early elections of central and local authorities are to be held.

At the present stage of existence, our state is going through a very difficult period and is on the verge of collapse. In order to cope with the crisis of statehood and to realize itself as an independent, sovereign, successful state in a peaceful way through intensive selfdevelopment and self-improvement, it is urgent to adopt the New Social Treaty. All parties to the contract must be on equal terms, have the same responsibilities, be able to control each other at all times.

Important reasons for the development of the Social Contract, which will form the basis of the next or even several subsequent Constitutions, are:

first, the inconsistency of the current version of the Constitution with today's challenges and needs of society (the old unspoken social contract has exhausted itself);

secondly, the inability to agree on the procedure for changing several political models and on a long-term economic, cultural or social strategy (the Constitution provides for only one political model);

third, the impossibility of postulating new legal norms, which can then be formalized at the level of theory (the Constitution is based on existing legal norms that have a stable theoretical basis).

The Social Contract is a complex integrated document in which citizens agree on a much wider range of issues than in the Constitution. It contains the principles of coexistence, attitudes, strategic guidelines, strategic resources (rates), the path with the stages of change of political and economic models, ways and tools of movement along this path. It is developed in direct environmental communication. First, experts work on it, then it is discussed by politically active citizens, and finally, it is adopted in a referendum together with the Constitution.

The future Social Treaty should pave the way for the transition from representative democracy to co-government of responsible citizens. We are talking about the introduction of a system of permanent plebiscites, citizen participation in the development, management decisions and control over their implementation. This is ensured through the introduction of BLOCK CHAIN and SMART-technologies in public administration, strengthening the role of professional self-regulatory communities that generate draft decisions. Co-management provides for the right of a citizen to initiate legislation.[8]

Since the principle of non-domination means the impossibility of dominating one will over another will, non-domination affects only those who have agreed on non-domination and adhere to this agreement (domination operates outside the agreement). Therefore, an agreement is needed between all participants in political life. In the economy, non-domination makes any monopoly impossible as something that hinders competition. Communities (contractual communities), which unite within territories and exercise selfgovernment, both local and extraterritorial, gradually deprive the state of a monopoly on the provision of infrastructure services and create a market for these services through municipal service associations.

The new Social Agreement will stipulate that every citizen of Ukraine is a co-owner of the Ukrainian common property. Everything except private property is the subject of our joint coownership, and every citizen, a party to this Agreement, has the right to directly co-manage this joint property.

Conclusions

society democracy reform

Due to the loss of real power by the authorities to implement reforms, there was a need for society not only to participate in the development of the New Public Treaty, but also to specifically guide the process of adopting such a political and legal document. The organization of the masses of the population should be entrusted to local governments, as such bodies cover on a territorial basis almost the entire population of our country.

The drafting of a New Social Contract should begin in specialized groups. Experts and specialists will formulate and analyze all the provisions of the agreement, then make it available for wide public discussion and suggestions on a publicly available online platform. After making changes proposed by the public, the final version of the Social Contract is crystallized, which can be submitted to the All-Ukrainian Referendum.

The state should become a platform for providing services to citizens in joint management, resource allocation and defense. Such services will not necessarily be provided only by government agents.

The path of Ukraine's long-term movement in the New Social Agreement can be divided into three steps, but these are not exhaustive actions that will have to be taken on this path to build a comfortable life in Ukraine:

First step. Adoption of the Declaration of Dignity, the new Constitution, the National Charter of Human and Civil Rights, the National Code of Ethics for Citizens of the New Republic, inventory and organize national public property, including private property and joint property, and create conditions for co-ownership and co-management acquisition in a transparent contractual manner. The second step. Entering into co-ownership of joint property and establishing mechanisms for co-management of this property on a contractual basis. Every citizen of the Republic has the right to an equal share of income from the use of common property in the form of a "national share" with other citizens of Ukraine.

The third step. Dissemination of experience of co-ownership and co-management in the world. Ukraine will be one of the first countries to apply the principle of social innovation in the field of ownership and distribution of national property. Ukraine should carry out such a process in view of the world practice of the most successful countries.

References

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5. Nedotsuk N.A. (2006) [Philosophy of Law: Lecture notes.] - Moscow: Exmo, [in Russia].

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