Constitutional State is the Main Component of Civil Society

  • L. Samofalov Ph.D in Law, Associate Professor, Associate Professor of the Department of Theory and History of State and Law, Constitutional Law of the Academy of State Penitentiary Service, Chernihiv, Ukraine;
  • O. Samofalov Ph.D in Law, Head of the College of the Academy of State Penitentiary Service, Chernihiv, Ukraine;
  • D. Shevchenko Lecturer of the Department of Theory and History of State and Law, Constitutional Law of the Academy of State Penitentiary Service, Chernihiv, Ukraine
Keywords: state, law, civil society, constitutional state, legislation, justice, democracy

Abstract

Development of Ukrainian democratic state, that aims to be a full rights member of the European commonwealth, can not be realized without establishing a civil society and a constitutional state. Declaring independence in 1991 and founding Ukrainian state was the first and main step on this way. Ukrainian people showed high political conscience and striving for democratic changes. But political and state elite did not manage to mobilize society for crucial changes. For more than 20 years Ukrainian state did not have essential progressive changes neither in independence nor in political sphere; moreover, corruption, economical disaster, decrease of educational level, harsh decrease of gross domestic product, essential shortening of people’ income spread in the country. Middle class is a basement of civil society, but it has not been formed in Ukraine. Matured civil society, that is able to control government officials, does not work for Ukrainian Government. That is why fundamental legislation, that would keep Government employees in certain frames, has not been passed yet. Civil society is well attached to the state, especially the constitutional one. Perception of state as a law entity of public power is the main idea of the legal state. Theoretical and practical experiences show that not only law and legislation are required but relevant organization of state power system, state organizations, clear defining of their competence, place in the system, character of relationship, ways of forming and forms of activities. Constitutional state is strictly attached to principal of justice. Justice is something that corresponds to law; and to act according to justice means to act according to law. In constitutional state guarantees of human rights and freedoms are related to justice. It became an indicator of democracy and legality in society. The Constitutional state is the same time a social state. But indicators from the Law of Ukraine, «On State Budget for 2016» show another picture. Conclusions for the article state: Civil Society is a social-economical and private sphere people activities and really existing relationship between them ant state; In Ukraine there is an essential ground for establishing and developing civil society; Constitutional state is supposed to serve society, to reflect its interests and be an instrument for their implementing into life; Forming constitutional state means dominating law in all spheres of public life, its headship among other legislation, and submission of all bodies to the law.

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Author Biographies

L. Samofalov
Ph.D in Law, Associate Professor, Associate Professor of the Department of Theory and History of State and Law, Constitutional Law of the Academy of State Penitentiary Service, Chernihiv, Ukraine;
O. Samofalov
Ph.D in Law, Head of the College of the Academy of State Penitentiary Service, Chernihiv, Ukraine;
D. Shevchenko
Lecturer of the Department of Theory and History of State and Law, Constitutional Law of the Academy of State Penitentiary Service, Chernihiv, Ukraine

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How to Cite
[1]
Samofalov, L., Samofalov, O. and Shevchenko, D. 1. Constitutional State is the Main Component of Civil Society. Law Magazine of the National Academy of Internal Affairs. 12, 2 (1), 189-197.
Section
Theoretical and historical aspects of legal science