Determining significance for the entire process of formation in the country civil society have constitutional provisions on the rights and freedoms of man and citizen, on the innate and inalienable nature of fundamental human rights and freedoms. Without such a humanitarian component - free, full-fledged individuals - the very emergence of civil society is impossible. Of course, as V.S. correctly notes. Nersesyants, the practical implementation of the rights and freedoms of people depends on many subjective and objective factors, but ultimately it is the efforts of free individuals pursuing their goals and realizing their private interests within the framework of a common legal order for all that determine the nature, content and character of the civil society being formed. Unfortunately, in Russia the state elite in in a broad sense This word has not yet formed an opinion about the priority of these issues, their enormous applied and economic significance.
Nersesyants V.S. General theory of law and state: Textbook for universities. M.: Norma; Infra-M, 1999. P. 317.
Podberezkin A.I., Abakumov S.A. Civil society and the future of the Russian state: in search of an effective development algorithm. M.: Image-Press, 2004. P. 42.
Post-socialist transformations in the country opened the way to the formation of a civil society; its foundations and necessary structural components are enshrined in the Constitution of the Russian Federation of 1993. The social structure of post-socialist society (the social component of civil society) is in the process of formation. The process of breaking down previous social classes, layers and groups and the formation of new ones is still far from complete.
The essence of civil society, according to P.P. Baranov, lies in the active legal behavior of broad sections of the population and the transformation of the institution of the state into an instrument for achieving the goal determined by the organized and unorganized masses. Such political and legal institutions as democratic elections, referendum (including initiative), participation of parties in politics, the right of petitions, other forms of direct democracy, the right of legislative initiative, etc., contribute not only to public control over public authorities, but do the latter (within certain limits) dependent on the politically active public.
Baranov P.P. Civil society institutions in the legal space modern Russia: Dis. ...cand. legal Sci. Rostov-on-Don, 2003. P. 67.
The definition of the concept of “civil society” is possible only through a system of public institutions, many of which have not yet fully developed in our country. According to A.I. Podberezkin, it would be correct to understand civil society as a set of non-state public institutions and relations that allow individuals and their groups to realize private and group interests that are guaranteed and protected by the Constitution of the Russian Federation. On the other hand, civil society is a society of economically and spiritually free citizens and their associations, who, in addition to rights, also have responsibilities to the state, clearly defined in the Basic Law of the country.
Podberezkin A.I., Abakumov S.A. Civil society and the future of the Russian state: in search of an effective development algorithm. M.: Image-Press, 2004. P. 15.
At the Civil Forum on November 21 - 22, 2001, President of the Russian Federation V.V. Putin said: “I consider it absolutely unproductive, and in principle impossible and even dangerous, to try to create a civil society “from above.” It must become independent, have its own root base, and be nourished by the spirit of freedom.” The organization of the Civil Forum in 2001 proved that the government does not build civil society, but turns to it kindly to discuss problems together Russian modernization. One of the results of the 2001 Civil Forum was a clear understanding and awareness that it is impossible to build civil society “from above,” that is, through the strong-willed efforts of the state power itself with the help of the bureaucratic apparatus. It should be the result of the nation’s social initiative. It follows from this that civil society is something fundamentally different from the political and administrative structure that exists in a country. Moreover, according to S.A. Abakumov and A.I. Podberezkin, civil society is the basic form of realization of public interests, and the state, for its part, ensures and guarantees its vital activity. Civil society cannot exist without its main bearer - the citizen, a person who is capable and able to independently determine and realize his goals and vital interests. The subjects of civil society are individuals and their associations. Depending on the quality in which these subjects act, the following can be distinguished among them: individual, family, school, church, social groups (in particular, owners and entrepreneurs), public associations, opposition political parties and movements, available funds mass media and etc.
Right there. P. 24.
The initial and main element of civil society is the individual, and the social institutions formed by him are a derivative. Each individual participates in legal relations within civil society as an independent subject, a family member, a member or participant of a public association, and part of a social group. However, civil society presupposes the activity of an individual to a greater extent within the framework of one or another association, depending on his interests and needs.
An important and integral element of civil society is a developed system of public associations, with the help of which people can jointly solve common problems, satisfy and protect their needs and interests in the sphere of politics, economics, culture, and in all areas of public life. These are organizations independent from the state that are capable of influencing state institutions and protecting people from the latter’s unjustified interference in public life. The associations that make up civil society reflect a wide range of economic, family, legal, cultural and other interests of citizens and organizations.
The specificity of all organizations that form civil society is that they are created not by the state, but by citizens and enterprises themselves, and exist independently of states, but within the framework of current laws.
A democratic state is called upon to satisfy as much as possible the numerous interests and needs of its citizens. To achieve this goal, there is a need to inform the state about the specific interests of citizens, which can only be satisfied by the forces and means of the state itself. And this is effective only when acting through the institutions of civil society. At the same time, satisfaction of specific interests and needs by individuals is often possible without government intervention, by the efforts of the individuals themselves, united on the basis of the realization of these interests. This is the most important function of associations within civil society.
There are many civil society organizations in every democratic country. They are organized in connection with specific problems of the region and even a separate city, in connection with professional, cultural, and spiritual interests. These are charitable organizations and foundations, numerous movements. Important institutions of civil society - associations of individuals - are the media and political parties.
Civil society is structurally represented by its organizations and associations in all spheres of public life.
The economic structure of society (the economic component of civil society) is determined by the presence of various forms of property - private, state, municipal, etc., which, according to the Constitution (Part 2 of Article 8) are “recognized and protected equally.” In accordance with this, each member of society is recognized with the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. The right of private property is protected by law. An important guarantee of the right to private property is the constitutional provision that “no one can be deprived of his property except by a court decision” (Part 3 of Article 35 of the Constitution). Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation. The right of inheritance is also guaranteed.
Nersesyants V.S. General theory of law and state: Textbook for universities. M.: Norma; Infra-M, 1999. P. 318.
Market relations are the basis modern economy- are impossible without pluralism of forms of ownership and a wide class of private owners. It is market relations that constitute economic basis civil society, stimulating the development of initiative and entrepreneurship of citizens. Market relations are the economic system most adapted to functioning within civil society. Only an economically wealthy individual is able to fully understand and realize their rights and freedoms, act within the framework of civil society associations in defense of their rights and freedoms, influence public policy by consciously participating in political life, the activities of political parties, elections and referendums.
In the economic sphere, there is a wide network of civil society organizations formed by individuals and non-state enterprises (industrial, commercial, financial and others), which constitute the absolute majority in modern democratic states. It should be especially emphasized that civil society consists of unions and associations that are both commercial and non-commercial in nature. Such organizations can be both economic entities themselves (joint-stock companies, limited liability companies, other business entities and partnerships), and their associations, which, according to Russian legislation, are non-profit organizations, and therefore set the task not of making a profit, but of protecting the interests of economic entities.
The social sphere of civil society includes associations of citizens created to realize their socio-economic rights: trade unions, charitable organizations, mutual aid societies, societies for the disabled, labor collectives, etc.
Family is one of the most important institutions social system civil society, that sphere of relations where a person spends a significant part of his life. Family, its goals, its extent material well-being, spiritual relationships within a family largely determine a person’s life, his social activity, and ultimately influence the successes and achievements of the entire civil society. Not to mention the fact that the family is the basis of the demographic policy of society and the state and, therefore, the guarantee of the very existence of the state. The family can be considered as primary social structure, in which the education of future members of society takes place, the foundations are laid social behavior person.
In the political sphere of civil society, there are such associations of individuals as socio-political organizations and movements; various shapes social activity citizens (rallies, meetings, demonstrations, strikes); organs public self-government at the place of residence; non-state media.
Among public associations in this area, political parties should be especially noted. The Constitutional Court of the Russian Federation classifies all political parties as civil society due to the voluntariness of their formation and the fact that the activities of political parties are directly related to the organization and functioning of public (political) power. However, this is not quite true.
Resolution of the Constitutional Court of the Russian Federation dated February 1, 2005 N 1-P “In the case of verifying the constitutionality of paragraphs second and third paragraph 2 of Article 3 and paragraph 6 of Article 47 of the Federal Law “On Political Parties” in connection with the complaint of the socio-political organization “Baltic Republican Party" // Social Protection of the Russian Federation. 2005. N 6. Art. 491.
The fact is that parties set one of their main goals to conquer and implement political power. At the same time, a political party that has received and exercises power in the state automatically becomes part of it, since it forms government bodies from its members, carries out its policies through them, and becomes state policy while it is in power. Indeed, in a multi-party system, only political parties (and sometimes dozens of them) that are not in power fully meet the criteria of civil society actors. However, in democratic states it is not uncommon for different parties to exercise legislative and executive powers. In any case, only parties that are not in power can be classified as subjects of civil society.
It should be especially noted that civil society can only exist in a state in which a real multi-party system has been created. It is interesting that, to one degree or another, the loss of a political party from the sphere of civil society does not yet threaten Russia with its unformed party system. Russia is characterized by the formation of parties from persons already exercising power, and the creation of “parties of power”, which exist only as long as their leaders are in power, and disintegrate as the “administrative resource” weakens. Some authors (for example, V.A. Ryzhkov) include local self-government as an element of the civil society system. Local self-government in scientific literature is understood as the ability of the local community to govern own affairs. Because of this, local self-government is an institution of public power through which the local community carries out a variety of activities to resolve issues of local importance based on the principles of self-organization and responsibility.
Ryzhkov V.A. Fourth Republic. Essay on the political history of modern Russia. M., 2000. P. 73.
However, as already noted in this work, the primary element of civil society should be recognized as a person, the secondary - an association of people, a community (group). In this case, an integral element, a subsystem of civil society is the local community, and not local self-government, as V.A. believes. Ryzhkov. At the same time, local self-government is a necessary element in the formation of civil society, since it allows the local community to self-organize and independently bear responsibility for solving its own affairs. Thus, internal connections between community members develop, and their responsibility for the state of affairs of the community increases.
The process of formation of a local community in Russia is characterized by significant features. Most often it is associated with protest against the actions of the authorities. For example, the unification of citizens into territorial self-governing communities, associations at the place of residence are aimed at protecting the rights of citizens to favorable environment. These associations protect forest parks, defend the need to comply with sanitary standards during construction, demand improved quality of public services, etc. When there is no external pressure on citizens, their unification does not occur. Such processes are more typical of large cities, where the disunity of residents is historically higher than in villages.
The spiritual sphere of civil society is called upon to ensure freedom of thought, speech, real opportunity publicly express their opinions, autonomy and independence of creative associations. It is directly related to people’s lifestyle, their morality, scientific creativity, and spiritual improvement. In this area there are public associations of cultural figures, educational, creative unions, interest associations, and religious organizations.
Among the spiritual and moral sphere public relations in civil society important role plays a social institution such as the church. Church and religion form a system of human norms and values, regulate social behavior a person, his attitude towards society, family, other people. The church is often the custodian of national traditions, the identity of the people, the foundations of morality, morality, and culture.
The formation of civil society is most successfully carried out in a secular state, in which no religion is proclaimed as official or compulsory. The separation of church and state should provide for the neutrality of the state in matters of faith, non-interference of state authorities in internal church affairs and, accordingly, non-interference of the church in the affairs of the state. Freedom of religion as an element of freedom of conscience implies the right of a person to choose and profess any religion. It is possible to form a civil society in a clerical state (for example, Great Britain), but under no circumstances can a civil society arise in a theocratic state.
For more information about the church as a link between civil society and the state, see paragraph 5 of Chapter 3 of this work.
Of particular note information system civil society. It arose and took shape only in the second half of the 20th century. together with the formation of the so-called information society and the rapid development of the media and means of transmitting information over a distance. Through the emergence of the Internet, there is a globalization of the penetration of information and, to a certain extent, the interweaving of civil society institutions of different states, their interpenetration and mutual influence.
Civil society actors operating in information sphere, are non-state media. Their role in the state and civil society is extremely important. The media are practically the “eyes and ears” of civil society. The media are called upon to inform civil society about the activities of the authorities, about attempts to limit the rights of individuals and society, about the illegal actions of government officials. It is through them that civil society exercises control over the activities of the state. And they are the ones who implement feedback between the state and civil society, informing the authorities about the attitude of the population to the actions of the authorities and the problems of individuals and their associations that need help from the state.
The difference in the structures of civil society and the state predetermines different ways of legal regulation of private and public relations. In civil society, the principle “everything that is not prohibited is permitted,” state intervention in its sphere is strictly limited, the law can establish rules only for the future, it does not have retroactive effect.
In the public sphere, the principle “everything that is not permitted is prohibited” applies, therefore the status of government bodies and officials, their competence are regulated in detail by law. In public law, a law can have retroactive effect if the state improves the legal status of individuals in some way; the law must necessarily have retroactive effect if it mitigates the punishment for any offense or eliminates the illegality of this act. The relationship between civil society and the state in reality has developed in such a way that the state prevails, in which political power is concentrated in its hands. At the same time, it should be noted that civil society is the largest social force that the state cannot but take into account.
Civil society is one of the important and powerful levers in the system of checks and balances on the desire of political power for absolute dominance, having many means for this: active participation of citizens in election campaigns and referendums, great opportunities in the formation public opinion(in particular, with the help of independent television and radio channels and periodicals), opportunities to organize campaigns of resistance to certain government reforms; at the same time, civil society itself needs state support Therefore, representatives of civil society organizations actively participate in the work of a number of government bodies.
Civil society is the source of legitimacy for political forces in power; contacts with civil society organizations are for the state a large-scale source of information about the state of society, its interests, sentiments, and attitude towards the dominant political power; into complex historical periods(economic crises, wars, etc.) civil society, as a rule, becomes a powerful force supporting the state. In general democratic regime involves close interaction between the state and civil society as the basis of political and economic stability.
Civil society is internally contradictory; it is dominated by private interest, the activities of various subjects coincide and collide. Civil society, at its core, must develop the social and economic activity of individuals, their awareness of their rights and interests, their personal individuality. Within the framework of the processes of civil society, this individuality is most clearly manifested and, consequently, personal competition, rivalry, and internal contradictions between individuals arise. These contradictions are the driving force behind the development of civil society and its progress. The state, on the contrary, pursues common interests, unites the activities of individuals and social groups into one whole, and strives to achieve a compromise between various subjects of civil society. It plays the role of a factor restraining the development of contradictions to a level capable of destroying civil society. The purpose of the state is to level out social contradictions, realize common interests, and establish social peace.
Civil society is the economic and personal sphere of relationships between people. State intervention in it should be minimized to socially necessary amounts. The role of the state lies mainly in maintaining law and order, fighting crime, creating conditions for citizens to exercise their rights and freedoms, and private initiatives. Civil society is a depoliticized and deideologized society.
This does not mean that it does not pursue any policies, does not profess any ideas and views. This only means that it cannot have a mono-ideology and absolute dominance of any political force.
From the beginning of the 19th century. There are two opposite lines in the justification of the paradigm: civil society - state. One line is based on the German cultural tradition(G. Hegel): only the state (as the absolute spirit and universal political community) is capable of achieving common interest. Because of this, the state dominates civil society and can interfere in its activities to achieve common interests. K. Marx proposed to solve the problem by eliminating the differences between civil society and the state through the so-called socialization of the state and politics. This led to the state becoming equal to society and absorbing it.
The other line shifts the center of gravity to freedom, placing it above other values, to the self-regulatory function of civil society. Proponents of this approach focus their attention on the destructive power of the state, which can have a destructive impact on institutions such as the family, church, trade unions, associations, etc. .
Golenkova Z.T. Civil society in Russia // Socis. 1997. N 3. S. 27 - 28.
Successfully, in our opinion, it was possible to formulate the provisions on which the relationship between civil society and the state is based, Z.M. Chernilovsky. In particular, he notes that: 1)
there is no clear relationship between the existence of the state and the presence or absence of civil principles in the life of society. The opposition between civil society and the state arises when the state monopolizes certain functions, sometimes unusual for it, and its apparatus turns into a corporation divorced from society; 2)
it is the state within which a given civil society exists that gives it due protection in what concerns the welfare of citizens and their special goals, if the latter do not contradict the laws; 3)
From the state, civil society has the right to demand protection of the life, health, and safety of its citizens; 4)
the state has the responsibility to implement social programs that can mitigate the contradictions between the prosperity of some and the poverty of others; 5)
state, its foreign policy and defensive power can ensure the very existence of a given community, its material and spiritual rapprochement with other peoples.
Chernilovsky Z.M. Civil society: research experience // State and law. 1992. N 6. P. 150.
A strict separation between civil society and the state is unacceptable. In particular, there is currently an increase in the penetration of the state into the sphere of civil society activities. This is expressed in the following: 1.
The legal principles in the life of civil society are strengthening. 2.
The social role of the state is changing; it takes care of socially vulnerable segments of the population and intervenes in the demographic situation of society. In addition, a state that calls itself social must promote the development of science, culture, education, and the implementation of human rights. 3.
The penetration of the state into the economic sphere is increasing. In no country in the world is the market free from government regulation. The principle of planning, widely used in socialist countries, has been adopted by many Western countries. In some of them, planning regulation is carried out at the level of ordinary laws (for example, in France), in others planning provisions are enshrined in constitutions. Centralized influence in civil society is maintained, but not through command and willful methods, but through taxes, loans, benefits, duties, tariffs, laws, support for basic industries, political stability, countering unemployment, fighting corruption, etc. 4.
The state ensures the external and internal security of citizens and the social security of society.
The interaction between the state and civil society is also manifested in the fact that public councils, commissions, and structures are created under government bodies that represent civil society when government bodies make decisions in certain areas of activity and at the same time monitor the state’s compliance with public interests.
There are fewer and fewer areas that would be the exclusive competence of civil society, free from government interference. Some researchers even suggest moving away from the opposition between civil society and the state, their supposedly inevitable struggle, believing that in modern conditions the rule of law and its apparatus can be classified as elements of civil society, from which it arose at one time. Without attempting to evaluate this thesis in relation to all states, we note that it is not yet applicable to the Russian state. However, despite all the factors listed above, civil society must continue to remain an area in which government intervention is kept to a minimum.
Odintsova A.V. Civil society: history and modernity. Material for discussion. M., 1990. S. 5, 41.
Civil society performs a number of functions both in relation to the individual and in relation to the state. There is no single point of view on the issue of classifying the functions of civil society. It is generally accepted to highlight the following functions of civil society. 1.
Through the institutions of civil society, a certain balance of personal and public interests is created. The economic independence of a person belonging to civil society, his autonomy and self-discipline, their guarantees give rise to a certain moral obligation to other members of civil society and force him to refrain from unlawful acts in the hope that the same principle will be observed in relation to him. 2.
Civil society is the social space in which most of rights and freedoms, as well as human responsibilities, a socially active individual is formed. 3.
Stabilization social development. Many institutions of civil society (religion, church, family, property) are very conservative and are rarely subject to radical revision, which means they save the individual from shocks, thereby contributing to the stable development of society and the state. 4.
The production of norms and values, which are then consolidated and protected by the state. 5.
Civil society acts as a mediator between the individual and the state. On the one hand, it allows the individual, uniting with other people, to influence the state in order to ensure the realization of their interests and needs. On the other hand, through civil society, private life is protected from unnecessary interference and regulation by the state. 6.
Influence on the state, its formation in accordance with the democratic aspirations of citizens.
Levin I.V. Civil society in the West and in Russia // Polis. 1996. N 5. P. 8.
An effectively functioning civil society is capable of taking on a number of functions of the state, for example, the development of culture, science, education, solving problems of demography and family, etc. At the same time, as noted by A.D. Kerimov, the development of civil society should in no case be carried out at the expense of weakening the state or removing it from performing the functions entrusted to it.
Kerimov A.D. On the issue of the formation of civil society in Russia // Citizen and Law. 2002. N 3. P. 18.
Civil society and the rule of law must take on the function of ensuring human and civil rights, dividing it as follows: the state ensures the rights of the citizen (i.e. political rights), and civil society ensures human rights (i.e. personal and social rights) . Important condition The functioning of civil society presupposes the presence in the mentality of citizens of such an important value as freedom. In relation to civil society, freedom is understood, first of all, as non-interference by the state in privacy citizens.
See, for example: Nersesyants V.S. Issues of legal understanding in the context of human rights, complexity and contradictions in ensuring human rights in the national, environmental, demographic, migration spheres / Human rights: results of the century, trends, prospects // State and law. 2001. N 5. P. 90; Morshchakova T.G. Human rights literally according to Zhvanetsky // Izvestia. 2002. December 10; Rudinsky F.M. Civil human rights: general theoretical issues // Law and Life. 2000. N 31.
Directly related to the value of freedom is the principle of respect for the law.
The freedom of one person, as we know, ends where the freedom of another person begins. Freedom, not supported by law, is permissiveness, which can give rise to a “war of all against all” rather than civilized relations of civil society.
Speaking about civil society, we should proceed from the concept of man and citizen, i.e. its rights and freedoms as the main determinant of the political system of a society that strives to be democratic. Under these conditions, the responsibility of each member of society for the decisions he makes increases many times over, and the importance of civic culture increases. Without civic culture, talking about a citizen as a valuable individual in the modern sense of the word, and therefore about civil society, is meaningless. Civil culture is a reflection of the diversity of public life, civil rights and has a decisive influence on the approval social status citizen. This concept conveys the individual’s level of awareness of social tasks, social problems, his activity in putting them into practice.
Civil culture is a broader concept than political culture; it embraces the diversity of interests of social groups in the civil sphere of public life. Civil culture as a whole determines the fundamental values of civil consciousness, civil society and, therefore, underlies the relationship between the citizen, the state and civil society.
Avdeenkova M.P., Dmitriev Yu.A. Constitutional law in the Russian Federation: Course of lectures: In 9 volumes. T. 2. Fundamentals of the constitutional system of the Russian Federation. M., 2007. P. 269.
In order to most effectively and completely study the institutions of civil society, as well as the state and legal mechanisms for their formation and support in Russia, civil society institutions should be classified according to the scope and specifics of the activities they carry out into three types: A)
advocacy; -
notary;
social movements; -
Even if this classification is not complete, it is still representative enough to show that, theoretically, the authorities have plenty to choose from and have whom to recruit partners from.
It is important to note that the construction of a civil society, a democratic, legal state is not only an internal political need, but also an external necessity, which is dictated by the development of Russia in the context of a globalized world. In essence, despite all the diversity, the world is united in the fact that true progress occurs only where social conditions have been created for the development of the main resource of civilization - man. The world is now more interconnected than in previous times. Therefore, Russia, as V.N. correctly notes. Vlaznev, can become an equal partner in the global progressive community only when it is a democratic and legal country with developed economic relations, high cultural and spiritual potential of civil society.
Abakumov S.A. Civil society and government: opponents or partners? M.: Galeria, 2005. P. 38.
Vlaznev V.N. Civil society as a subject of constitutional and legal research: Dis. ...cand. legal Sci. M., 2002. P. 181.
Civil society in the context of modern industrial development represents a sphere of “organized” economic, political and ideological pluralism. Organized pluralism means that in reality society is formed not so much from the activities of individual individuals, but from the interaction of their associations organized by interests, small and medium-sized social groups and other naturally developing associations. Thus, a “corporate-structured society” emerges, in which the basic unit and narrowest group is the family, and at higher levels structural levels wider groups and associations function and, finally, the highest level of association of interests is the “state organized community”.
Groups are the main naturally occurring structural elements of society. Representatives of the group are united primarily by the commonality of their social status, determined by their place and role, mainly in the systems of production, distribution and management. This is where their common interests, worldview, and social and political values come from. In contrast to groups, associations are organized structural elements of society, the purpose of which is the external (in relation to the environment of the association) expression of homogeneous interests, their protection and inclusion in the complex of externally expressed interests, from which, as a kind of “resultant force”, state-protected common interests are formed interests.
Groups and associations play different roles in civil society and in its impact on the state as an apparatus of public power, and therefore jurisprudence does not ignore the ethnic coloring of modern migrations, the situation of refugees and internally displaced persons, and the problems of their adaptation. Moreover, in the process of interaction between civil society and the state, it is necessary to comprehensively examine the reasons for the exacerbation of interethnic relations and disintegration processes in the CIS member countries, the emergence of limitless “sovereignization” and zones of interethnic conflicts. Without a state-legal assessment, national and regional policies, new federalism in Russia, and all possibilities for harmonizing national relations and reintegration are unlikely to be successfully implemented.
Thus, in civil society, a special role is played by peoples and, accordingly, the science of peoples - ethnography. But no less important is the legal status of peoples, legal organization the power of the people (democracy), studied by legal science. Here with the right is contacted ethnic composition, national population structure, ethnopolitical and ethnosociological portrait of a particular nation.
“Qualitative” differences in the structural elements of civil society are determined by the level, the measure of their organization, and, of course, in this regard, groups are inferior to associations. However, associations do not cover the entire range of interests that claim to be externally expressed. They arise only insofar as the conditions of social existence suggest the need for more organized forms of external expression of group interests, or because out-group and supra-group interests arise. In short, the expression of private interests through the interests of a group is the primary and most fundamental form of manifestation of interests in modern civil society. At the same time, the individual’s belonging to certain group is of greater importance for its existence, the wider the group’s representation in the population, the higher the “proportion of group interests” in the interests of general social interests, the more impeccable the objective possibilities of self-organization of the group.
Vlaznev V.N. Civil society as a subject of constitutional and legal research: Dis. ...cand. legal Sci. M., 2002. P. 65.
The pluralism of groups and associations with their interests is considered in theory as equivalent to the pluralism of individual interests in the social model of classical liberalism. From this point of view, in a “collective liberal society” interests must interact and be balanced in the process of reaching a consensus of organized social forces, each of which has its own share public authority(social partnership model). However, social partnership relations actually develop only insofar as social power is distributed relatively evenly and the clashing social forces approximately balance each other.
Therefore, in reality, the representation of the interests of many small groups in the general interest (as a “resultant force”) and in social partnership relations should be questioned. This is not only about the fact that the disproportionality of the distribution of social power leads to the dominance of the interests of stronger groups in this kind of common interest by crowding out the interests of weaker ones. We are also talking about the fact that there are groups that do not have any power at all (for example, the unemployed, housewives, disabled people, low-skilled foreign workers, etc.).
Meanwhile, it is the modern state, acting as a defender of the general interest, that takes into account the interests of these “powerless” groups in its management activities. At the same time, the model of a “collective liberal society,” if it corresponded to reality, would exclude the possibility of representing the interests of these groups in the common interest, understood as the result of the natural interaction of clashing group interests.
Thus, as V.N. correctly notes. Vlaznev, there is a certain contradiction between the “collective-liberal model of self-regulation”, according to which the general interest includes the interests of not all, but mainly the most active social forces, and state regulation in accordance with such an understanding of the general interest, which presupposes the need take into account, at least minimally, the interests of everyone.
Vlaznev V.N. Civil society as a subject of constitutional and legal research: Dis. ...cand. legal Sci. M., 2002. S. 66 - 67.
Based on the above, we will draw the following conclusions.
Firstly, the institutions of civil society are understood as social groups (communities) formed by its elements (individuals) and independent from the state, whose activities, firstly, give rise to legal relations aimed at the implementation and protection by individuals of their rights and freedoms, the solution of common problems in in the sphere of economics, culture, in all areas of public life, and secondly, it is able to influence state institutions and protect people from the latter’s unjustified interference in public life.
Secondly, civil society is a source of legitimacy for political forces in power; contacts with civil society organizations are for the state a large-scale source of information about the state of society, its interests, sentiments, and attitude towards the dominant political power; in difficult historical periods (economic crises, wars, etc.), civil society, as a rule, becomes a powerful force supporting the state.
Thirdly, a feature of civil society is the internal contradiction inherent in its institutions: the dominant private interest in them, developing the social and economic activity of individuals, their awareness of their rights and interests, their personal individuality, inevitably gives rise to their competition and confrontation in various non-state spheres ( economic, social, cultural, etc.). This internal contradiction is the driving force behind the development of civil society, the progress of society and the state.
Fourthly, in order to most effectively and completely study the institutions of civil society, as well as the state and legal mechanisms for their formation and support in Russia, civil society institutions should be classified into three types according to the scope and specifics of the activities they carry out: A)
civil society institutions in the field of providing qualified legal assistance: -
advocacy; -
public associations of lawyers; -
notary;
B) civil society institutions in the political sphere: political parties; B)
civil society institutions in the socio-economic and cultural spheres: -
non-profit public organizations; -
social movements; -
public funds, institutions, trade unions; -
mass media; -
church (religious organizations, confessional associations).
In addition to this classification, as a separate category of institutions that are not directly (by their legal nature) related to civil society, but operating in its field, it is necessary to highlight state entities, promoting the formation and support of civil society institutions: the Institute of the Commissioner for Human Rights in the Russian Federation, the Public Chamber of the Russian Federation, the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights, the Council under the President of the Russian Federation for improving justice, the Council under the President of the Russian Federation for interaction with religious associations, Public Council under the Ministry of Internal Affairs of Russia.
One of the goals Russian reforms is to build a civil society. But few “mere mortals” can really explain what it is. The idea put forward, as noted in the press, sounds attractive, but is difficult to understand for the vast majority of the population. The question immediately arises: isn’t our society civil?
The phrase “civil society” is conditional, since “uncivil”, and especially “anti-civil” society does not exist. Any society consists of citizens and is unthinkable without them. Only a pre-state, uncivilized (tribal) society could not be called civil. Firstly, due to its immaturity, primitiveness, and underdevelopment; secondly, because there were no such concepts as “citizen” or “citizenship” at all.
Strictly speaking, a slave-owning society could not be civil, since it did not recognize a significant part of its members as free and equal. Slaves were not subjects, but objects of claims from their own kind. The same can be said about the feudal system with its serfdom. But this is the external, formal side of the issue.
Essentially term "civil society" acquired its own special content in scientific literature and in modern interpretation expresses a certain type (state, character) of society, its socio-economic, political and legal nature, degree of maturity and development. In other words, this concept refers to a society that meets a number of criteria developed by historical experience. This is a higher stage in the development of a social community.
Behind the epithet “civil,” despite its convention, there is extensive and rich content. The meaning of this phenomenon is multifaceted and ambiguous, and is interpreted by scientists in different ways. However, it is clear that not every society consisting of citizens is civil, just as not every state where the law operates can be called legal. For example, Soviet society has never been and could not be either legal or civil, just as Russian society has not yet become such. But today's Russia has proclaimed this goal.
The concept of civil society, being known for a long time, nevertheless turned out to be relatively new and undeveloped for our science. This idea itself is very poorly distributed among the broad masses, in the public consciousness. The idea of the rule of law became much more established. Civil society is not clearly reflected in the new Russian Constitution, which does not even contain this term, although certain elements of civil society are still enshrined in it (private property, market economy, human rights, political pluralism, freedom of speech, multi-party system, etc.).
As already noted, Russia has proclaimed the goal of building a civil society and a rule of law state. Therefore, they don't exist yet. However, the general contours of the building being constructed are clear, the main elements (assemblies, blocks, load-bearing structures) are known. But a project is one thing, its actual implementation is another. So far, only a certain ideal image of civil society has emerged, which requires deep scientific understanding. Moreover, the implementation of the plan is carried out in the most difficult conditions of Russian reality.
The essence of civil society lies in the fact that it unites and expresses, first of all, the interests of citizens, their aspirations, freedom, requests, needs, and not the will of the ruling elites, authorities, and the state. The latter (the state) is called upon to act only as a servant of society, its trusted representative. The state is for society, not society for the state. At the same time, there should be no antagonism between them.
You can indicate a number of the most general ideas and principles, which form the basis of any civil society, regardless of the specifics of a particular country. These include:
1) economic freedom, diversity of forms of ownership, market relations;
2) unconditional recognition and protection of the natural rights of man and citizen;
3) legitimacy and democratic nature of power;
4) equality of all before the law and justice, reliable legal protection of the individual;
5) a legal state based on the principle of separation and interaction of powers;
6) political and ideological pluralism, the presence of legal opposition;
7) freedom of opinion, speech and press, independence of the media;
8) non-interference by the state in the private life of citizens, their mutual duties and responsibilities;
9) class peace, partnership and national harmony;
10) effective social policy that ensures a decent standard of living for people.
Civil society- not a state-political, but mainly an economic and personal, private sphere of people’s life, the really developing relationships between them. This is a free democratic legal civilized society, where there is no place for a regime of personal power, voluntaristic methods of government, class hatred, totalitarianism, violence against people, where law and morality, the principles of humanism and justice are respected. This is a market, multi-structured competitive society with a mixed economy, a society of proactive entrepreneurship, a reasonable balance of interests of various social strata.
The role of the state is, first of all, to maintain law and order, fight crime, create the necessary conditions for the unhindered activities of individual and collective owners, their exercise of their rights and freedoms, activity and entrepreneurship. The state should primarily perform the functions of “conducting general affairs” (K. Marx). Its task is not to “disturb” the normal flow of economic life.
Civil society begins with the citizen and his freedom. The very title “citizen” at one time sounded like a synonym for independence, equality, dignity and self-respect of the individual. It was opposed to all sorts of class ranks, privileges, caste differences, and was perceived as a challenge to the oppressed position of people, inequality and restrictions on rights. The status of “subjects”, serfs, was humiliating or at least disadvantaged, not to mention the position of slaves.
At the same time, the title “citizen” expressed a sense of duty, responsibility, service to the people, society (“You may not be a poet, but you must be a citizen.” - N.A. Nekrasov). It is necessary to distinguish between citizenship and citizenship - these are different concepts. The title of citizen was especially elevated by the Great French Revolution, the ideas of which were embodied in the famous Declaration of the Rights of Man and Citizen of 1789.
Civil society- an open, democratic, anti-totalitarian, self-developing society in which the central place is occupied by the person, the citizen, the individual. It is incompatible with a directive-distributive economy, the imposition of forced patterns of life and activity from above. Free individual owners unite to jointly satisfy their interests and serve the common good.
However, today there are no more than 25% of property owners in Russia, therefore, the middle class (the basis of civil society) has not yet emerged, and there is no normal market. The state and law still regulate a significant part of social relations and consolidate the principles of organizing society and the social system. As noted in the literature (V.E. Chirkin), the idea of civil society at one time was intended to emphasize its independence from the absolute, police state, “to outline the circle of relations where the authorities cannot interfere” 7 . In other words, the “separate” existence of state and society is unthinkable. Another question is what kind of relationship should there be between them, what is the nature of the state.
It is in this sense that civil society opposes political-ideological, and even more so, authoritarian-bureaucratic society based on command methods of management. The key role in it is played by the family as the initial model and supporting institution of social life. Hegel considered the family the first basis of the state, the second - the estate. And Marx wrote that “in reality, the family and civil society constitute the necessary prerequisites for the state.”
Components of the structure of civil society are: 1) personality; 2) family; 3) school; 4) church; 5) property and entrepreneurship; 6) social groups, layers, classes; 7) private life of citizens and its guarantees; 8) institutions of democracy; 9) public associations, political parties and movements; 10) independent justice; 11) system of upbringing and education; 12) free media; 13) non-state socio-economic relations, etc.
Family, property, personality, freedom, law, spirituality, order, statehood - these are the cornerstones and at the same time the fundamental values of civil society. These priorities are not about making everyone, without fail, owners - many simply do not want this, but this opportunity should be preserved for everyone. This is the root of the issue.
Property is the main prerequisite for freedom of the individual and the entire society. Where there is no respect for property, there is no respect for the individual. Property “is the existence of freedom; it in itself is an essential goal” (Hegel). At the same time, it is important that the class of owners is formed not through criminal means, as in modern Russia, but in the process of normal civilized development.
The market is a self-organizing system, but this does not mean that the state cannot participate in debugging and improving this mechanism. It must create and balance a balance of interests between competing subjects (individual and collective). The state is a powerful factor in the formation and maintenance of a market environment.
Summarizing all of the above and taking into account the opinions expressed in the literature, we can briefly define civil society as a set of extra-state and extra-political relations (economic, social, cultural, moral, spiritual, corporate, family, religious), forming a special sphere of specific interests of free individual owners and their associations.
At the same time, civil society and the rule of law are not parts cut off or isolated from each other, but interdependent, although not identifiable systems. The connections between them are strictly determined. After all, the state is a form of organization of society, and for this reason they are inseparable.
The formation of civil society in Russia is a major and long-term task, the solution of which depends on many factors and conditions. For this, it is necessary that the prerequisites mentioned above be formed. Despite the crisis situation in the country, the entire course of ongoing reforms ultimately leads to the achievement of this goal.
The concept of the rule of law.
Let's consider the concept of the rule of law. To begin with, it is worth mentioning that humanity has not always been as it is now, and the state has not previously served people. The concept of a “rule of law” arose only in the twentieth century. His idea was not realized immediately and not in all countries of the world. The concept and principles of the rule of law It is a significant achievement modern civilization. What does the concept of the rule of law include? This term means a state that is significantly limited in its power by established law and is directly subject to the will of the sovereign law, which in turn is clearly expressed in the constitution. His vocation is to ensure fundamental freedoms, as well as individual rights. Yes, this concept the rule of law is correct. Let us now consider its signs. These include the following: - Law dominates absolutely in every sphere of public life. This means that both are in the same legal position higher authorities authorities, and ordinary people. Officials cannot abuse their positions, as retribution for such actions will follow immediately. - The system that oversees compliance with all applicable laws operates smoothly, continuously, and effectively. - The separation of powers must be real. The point is that the branches of power should touch only the bare minimum, and then only if necessary. The system of checks and balances ensures the independence of individual government bodies. - Freedoms and rights of people must be guaranteed. The state is obliged to recognize that they are the highest value. It must strive to ensure that the system for protecting these freedoms and rights is constantly improved and developed. - The individual and the state must be responsible for their actions to each other. - Law and law must be united. The point is that any legal acts must fully comply with natural law principles, as well as international legal norms that relate to people's rights. - The state must have ideological as well as political pluralism. This is expressed in a multi-party system, the existence huge amount public associations and so on. The concept of the rule of law is quite complex. Which of the signs listed here are the most important? They are all equally important. Constitutional state creates the conditions necessary for the emergence of civil society. It implies that not only the state will control people, but people themselves will control each other. Yes, the law is observed not only by citizens, but also by government officials. This means that everyone without exception must bear the punishment for non-compliance. The prerequisites for the formation of a rule of law state include diversity of forms of ownership, independence, as well as economic independence of individuals, freedom of enterprise, sovereignty of the people, democracy, consistent legislation, civil society, and a high level of social and political culture. A person in a legal state develops freely and unhindered; he does not encounter any serious barriers or obstacles on the way to his development. Such education will never arise on its own, since it is a product of the purposeful development of the entire society. It cannot be said that it exists in our country. What exists in Russia today can only be called an illusion of a rule of law state.
Concept of civil society
Civil society- the level of development of society, which is characterized by unconditional respect for human rights, the implementation of responsibilities, and the responsibility of members of society for its fate.
The elements and values of civil society developed in Europe already in the 18th century. For the first time, the English philosopher tried to distinguish between the concepts of “civil society” and “state”. J. Locke(1632-1704). In his opinion, the state could only claim the scope of powers that were sanctioned by the social contract between citizens. His ideas were continued in the contractual concept J.-J. Rousseau. Subsequently, the concept of “civil society” was developed in the works of G. Hegel And K. Marx. According to K. Marx, civil society is "the true source and theater of all history."
In modern conditions, civil society acts as a variety of relationships between free and equal individuals not mediated by the state in market conditions and democratic legal statehood. In civil society, unlike government structures, it is not vertical (hierarchical) structures that predominate, but horizontal connections- relations of competition and solidarity between legally free and equal partners.
The basis of the process of formation of civil society is priority of the rights of the individual as an independent subject.
Autonomy of society - important element civil society, meaning independence from the state of various public spheres and associations (economy, trade unions, press, science, associations of citizens and individual professions, religious associations). Role of the State in relation to these social agents should be reduced towards establishing the most general framework in the form of a law regulating the rules that everyone must follow so as not to jeopardize the rights and freedoms of other citizens.
Signs of civil law
Civil society is in close contact and interacts with the rule of law state, which is characterized by following signs:
§ the rule of law in all spheres of society:
§ separation of powers into legislative, executive and judicial;
§ mutual responsibility of the individual and the state;
§ the reality of the rights and freedoms of a citizen, their legal and social security;
§ political and ideological pluralism, which consists in the free functioning of various parties, organizations, associations operating within the framework of the constitution;
§ the presence of different ideological concepts, movements, views;
§ legality and order in society.
Constitutional state is a state that serves the needs of civil society and the legal economy, the purpose of which is to ensure freedom and prosperity.
It should be noted that civil society is a necessary element in the modernization of Russian society. Over the years of reform in Russia there have been significant shifts towards the formation of civil society. Thus, I manage to create an economic foundation based on a variety of forms of ownership and a socially oriented market economy, real political pluralism, and establish freedom of speech. However, this is not yet enough.
According to experts, for the successful construction of civil society in Russia it is necessary: 1) institutionalization of Russian society; 2) establishing basic order in society: 3) forming an integral system of democratic legal norms capable of regulating the most important areas of social life.
Basic institutions of civil society.
The term "civil society" was first introduced by J. Locke. Subsequently, many thinkers expanded and narrowed this concept, highlighted certain of its features, and talked about the development of civil society institutions.
Today there are many definitions of civil society. According to one of them, it represents the sphere of self-manifestation free people, non-profit organizations and associations formed on a voluntary basis, protected from arbitrary regulation and direct interference of various external factors, including business and government. Civil society institutions are considered a classic filter of society’s demands for political system. Key principles of J. Locke The English philosopher formulated several principles on which civilized social relations are based: The personal interests of the individual are above public and state interests. The highest value is freedom, and its basis is private property. In civil society, protective structures are formed between the state and the individual. Freedom presupposes non-interference in a person’s personal life. Individuals, creating a civil society, enter into a social contract. Based on these principles, we can conclude that the institution of civil society is a complex of associations of people, protected from government intervention.
Meanwhile, the state is called upon to regulate the relations that arise in society. If society ensures the realization of human rights (to freedom, life, etc.), the state, in turn, ensures civil rights (the opportunity to participate in governance). In both cases, there is a personal right to self-realization. Public institutions in civil society Features of civil society lie in the diversity of interests of individuals, the specifics of their satisfaction through different institutions, as well as the range of freedoms and rights of each individual. In theory, it is customary to distinguish 3 groups of civil society institutions. These are associations in which a person: Receives funds to meet the needs for housing, food, clothing, etc. A person receives such funds in the form of wages at the enterprise, income from entrepreneurial activity and so on. Satisfies the needs for communication, procreation, physical and spiritual development. For this purpose, there are churches, scientific/educational institutions, family, creative associations, sports unions, etc. Satisfies the need for participation in managing the affairs of society. These interests are realized through participation in political movements and parties. The maturity of civil society institutions is the ability of individuals and various associations to defend private interests, satisfy them at their own discretion, without infringing on the rights of other citizens.
Modern society. Currently, civil society institutions are groups of equal and free individuals that are relatively independent from the state. The internal and external relations of these associations are built in conditions of democratic statehood and the market. Unlike state institutions, in civil society horizontal rather than vertical connections are formed. Relations of solidarity and competition arise between legally equal and free partners. In the economic sphere, non-governmental organizations act as structural elements of civil society. These include, in particular, joint stock companies, cooperatives, companies, partnerships, corporations, associations and other economic associations of people created on a voluntary basis and on their personal initiative.
Socio-political aspect. It is formed in the course of the activities of civil society institutions: the family, which acts as the defining social unit in which personal and public interests intersect; social, socio-political, political movements and parties that reflect the diversity of interests of different groups of citizens; self-government bodies at the place of work and residence of individuals; non-state media. The socio-political aspect is also formed through the functioning of the mechanism for identifying and expressing public opinion and resolving various social conflicts.
Spiritual sphere. In this area of public life, the practice of institutional reflection of the interests that arise in society is created. They are expressed in a civilized, non-violent form, within the framework of laws. Spiritual sphere Freedom of speech and thought is manifested in this area. Representatives of civil society have the opportunity to publicly express their opinions. It is also important that scientific and creative associations are independent of government bodies and show independence and initiative.
Priority of freedoms and human rights. The functioning of civil society institutions is aimed at improving the quality of life of each individual. At the same time: The natural human rights to free activity, life, and happiness are recognized. A legal state is established, subordinating its existence to the law. The equality of citizens is recognized within the framework of common standards, in the same economic and socio-political space.
Functions of the state. Citizens are in close contact with the rule of law. Its main tasks boil down to: Development of a general strategy for the development of society. Determining and justifying the priorities, pace, proportions of the formation of socio-economic spheres of life. Stimulating the activities of citizens that are useful for society, protecting their rights, dignity, and property. Democratization of spheres of social life. Ensuring border protection and maintaining public order. Peculiarities of state interaction with civil society institutions Discussions about the relationship between the government and the people have been going on in scientific circles for quite a long time. Either partnership or competitive relations can be established between state and social institutions. In the first case, there is agreement and mutual support; in the second, there is opposition, and in some cases, hostility. It is worth noting that such multidirectional relationships are also formed within society itself between its institutions. According to many sociologists, civil society can be characterized as an element of different political wills, the management of which is based on single center impossible. Representatives of society often pursue directly opposite, mutually exclusive interests. State institutions, in turn, are called upon to act as an “interested mediator” or arbiter in the confrontation between different socio-political movements. They express and implement the national will of society. At the same time (ideally), state institutions should focus on the interests of the majority of members of the public. Such a contradictory, complex dialectic of the diverse free wills that form civil society, and one state will, reflects the effectiveness of democracy. With the weakening of the positions of civil society, the formation of an authoritarian state regime inevitably occurs. With the weakening of the power of the state, quasi-democracy, in turn, develops, which leads to socio-political chaos. Russian realities. During numerous reforms in the country there have been quite significant shifts towards the formation of civil society institutions. Privatization, the establishment of free thought, and political pluralism made it possible to create the infrastructure necessary for them. Meanwhile, the quality of the foundation of public institutions is assessed by many experts as low. According to a number of domestic sociologists, the political associations that exist today cannot effectively fulfill the role of mediator between the people and the authorities. In addition, the level of public responsibility of business representatives remains low.
As a result, researchers talk about the presence of significant problems on the way to the formation of civil society in the Russian Federation. These difficulties are both subjective and objective. First of all, in Russian society there is no tradition of civil life itself. Secondly, the population’s ideas about the mechanisms and nature of the formation of civil society are very simplified. Thirdly, the role of the state in the process of its construction is underestimated.
Civil society as an obligatory attribute of the constitutional system I Public associations ? Political parties Religious associations Mass media ? National-cultural autonomies ? The Public Chamber of the Russian Federation is an institution connecting civil society and the state
List of competencies
CIVIL SOCIETY AS AN MANDATORY ATTRIBUTE OF THE CONSTITUTIONAL SYSTEM
It is believed that for the first time the concept "civil society" Aristotle used in his writings. However, in antiquity this term had a different meaning, which is not identical to the modern understanding of this phenomenon. Aristotle understands civil society as a polis, a political community. A similar understanding of civil society existed in Ancient Rome. As a kind of counterbalance to the state, society begins to be considered as a kind of autonomous entity only in the era of absolutism. The final distinction between the concepts of “state” and “civil society” occurs in the works of Hegel. According to Hegel, civil society is the sphere of action of private interests, the sphere of activity of people to realize their needs. Moreover, Hegel understood civil society as the result historical development. Thus, he did not classify ancient and medieval society as civil society. Hegel considered only bourgeois society, which arose in Europe at the beginning of the 19th century, to be civil. In the sphere of civil society, according to Hegel, individuals satisfy their socio-economic needs.
At the present stage, views on civil society have undergone significant changes. Civil society is not simply seen as a sphere for the implementation of exclusively private interests, mainly in the economic sphere. It represents a sphere of activity, independence, and initiative of citizens, in which the state should not interfere. The role of the state comes down to ensuring order in society, protecting its citizens, and not managing them. Civil society functions as a self-regulating system. Civil society institutions do not arise “from above”, but come directly from citizens. In the modern understanding, the institutions of civil society are aimed not at realizing private interests and socio-economic needs, but at the common good, pursuing socially significant goals. The activities of civil society are based on the rule of law and the principle of social responsibility of citizens. Civil society is characterized by law-abiding behavior of citizens, respect for the rights and freedoms of others, and fulfillment of their constitutional duties.
Civil society is a sphere of activity, independence, initiative of citizens, which presupposes the existence of public institutions independent of the state and pursuing socially significant goals, as well as a set of relations between them.
The question of the structure of civil society is controversial in science. A number of scientists believe that political institutions (parties, movements) should not be distinguished in the structure of civil society. Others do not agree with the inclusion of diverse economic structures and relations in civil society. The classification as an institution of civil society is debatable. local government. However, if we understand civil society broadly, as the totality of all non-state structures created on the initiative of citizens, and not the state, as well as the relations between them, then the elements of civil society can include the party, the family, and economic corporations. Civil society institutions may include public associations, religious associations, the legal profession, professional associations, media, etc. Through these institutions, the economic, political, cultural, religious, professional, national and other interests of people are satisfied.
Civil society cannot be completely independent of the state. Government regulation necessary for society, since otherwise it will not be able to function normally. The purpose of such regulation is to ensure law and order in society. Such regulation is carried out primarily in constitutional and legal legislation. Thus, the state, by adopting relevant laws regulates the activities of political parties; establishes the basis for the organization and activities of such civil society institutions as religious and other public associations and the media. The constitution of the state establishes forms of ownership, ideological pluralism, the main directions of social policy, multi-party system, etc. The limits of government intervention in the life of civil society are enshrined in the constitution.
TT T [Ts For reference
The Constitution of the Russian Federation does not contain the concept "civil society" At the same time, the Constitution of the Russian Federation enshrines in Chapter 1, as the foundations of the constitutional system, the principles the observance of which is necessary for the formation of a civil society. These principles include: the democratic nature of power, political and ideological pluralism, recognition of human rights and freedoms as the highest value, freedom of economic space and diversity of forms of ownership, the principle of a social state.
In general, civil society is a mandatory attribute of the constitutional system, because the:
- the purpose of limiting the state by law is to create conditions for the functioning of civil society;
- Only under the condition of the existence of a developed civil society is the state subject to the law, since society has control over power. Civil society influences the state through public associations, political parties, through the active participation of citizens in elections and referendums, in various political actions, through the media;
- Under a constitutional system, the people are not just formally recognized, but are also the real source of power. This is only possible in a developed civil society.
Thus, the state and civil society cannot be opposed. Developed civil society and constitutional state, i.e. a state in which the rule of law exists cannot exist one without the other.
What is the concept of civil society? According to the definition, this is a society where socio-political, economic and spiritual relations are significantly developed, aimed at achieving a civic ideal. Such a society solves many problems and issues independently, without turning to the state. Citizens are interested in the political and social life of the country, do not suffer from indifference and legal nihilism, take part in politics and strive to act for the benefit of society.
Ideas about a society that exhibits independent political activity originated in Ancient Greece. Aristotle already expressed such thoughts. It is noteworthy how the Greeks treated the participation of citizens in the life of the country. A person who is indifferent to the problems of his policy, living according to the principle “my house is on the edge,” was called the word “idiot.”
These ideas were further spread during the Enlightenment. The definition of civil society appeared then. At this time, a connection took shape between the concepts of civil society and the rule of law. The Enlightenment saw civil society as an ideal joint activities people, based on the principles of morality, morality and justice. The formation of civil society cannot occur without the development of the individual. The main prerequisites for the emergence of such a society is the desire of people to work for the well-being of their homeland.
Civil society differs from other types of society in the socially oriented activity of citizens. It provides for equal interaction between government, society and the individual.
The functions of civil society are achieving the ideal of citizenship, abolishing unjust, violent power, creating civilized conditions for personal development, increasing the role of moral and ethical relations between people.
Signs of civil society:
- The rule of law. Rights must not be formally declared legal document. An illustrative example is that the Constitution of the USSR of 1936 proclaimed all rights, but they do not exist in practice.
- They must be provided to every citizen of the state.
- Each individual citizen is independent. This is the essence of this type of society.
- Availability of all types of property: private, state, municipal and others.
- Freedom of the media and expression exists. Every citizen has the right to voice his thoughts regarding the current situation. This illustrates the development of society.
- Freedom to choose a place of work, freedom of self-realization.
- Search for consensus between different social groups. Finding a mutually beneficial development path.
- The presence of a highly developed system of local governments. When people solve important local issues locally, this develops in them citizenship and the ability to make decisions independently without resorting to higher authorities.
- The implemented functions of civil society help society develop.
A necessary condition for the existence of civil society is the existence of a rule of law state. This is what we call this form government structure, in which a person, his rights and freedoms are recognized as the highest value. This concept is closely related to the social contract theory, which views the state as follows: at a certain point in time, it became difficult for a powerless society to regulate itself, so the majority delegated power to the minority in exchange for fair rule and resolution of basic public issues. This theory received its development during the Enlightenment: Voltaire, Locke, Montesquieu are just some of the liberal educators who turned to the idea of the rule of law. According to the Constitution of the Russian Federation, Russia is also a legal state. What signs and features are inherent in such a system for organizing joint activities of people?
- Implementation of the principle of separation of powers. This idea was developed by enlightenment philosophers, and its meaning is as follows: each branch of government (executive, judicial and legislative) is separated from each other so that an excessive amount of power does not accumulate in one hand, so that each branch exercises control over the other.
- Political pluralism and freedom of expression. If every citizen of society can express what he thinks about the current situation in the country and offer his own solutions, then this will help develop in every person a sense of responsibility for what is happening. There must be freedom of political parties
- "Everyone is equal before the law." Perhaps this is what this concept is based on. There can be no talk of true rights if one has more rights, because he is richer, more privileged, closer to power than someone who does not have all this. If everyone is equal before the law, then the court will not consider whether it is rich or poor, an official or a simple person, a man or a woman, a Christian or a Muslim.
- "The law is harsh but fair." In addition to the fact that everyone must be equal before the court and the law, these laws must be feasible and fair. Their goal is to help society develop and function harmoniously.
- The rule of law is not just proclaimed, it is put into practice.
The highest value is a person, his rights and freedoms. The purpose of the existence of the state system is “respect and protection of human rights and freedoms” (Article No. 2 of the Constitution of the Russian Federation). - Prohibition of censorship and freedom of the media.
- The church is separated from the state and is not financed by it.
- Formation and construction of a social state where people are taken care of.
Unfortunately, in practice there is not a single state that could be called 100% legal. And this is explained by the fact that the state consists of people inhabiting it who do not always want to accept responsibility, act and work for the good of society. A rule-of-law state should consist of citizens who are concerned about the fate of their homeland and take action, not the population. The rule of law and civil society are inseparable.
Civil society institutions. Examples. The role of civil society
This type of public organization involves the voluntary activity of citizens for the benefit of society. It is customary to divide the elements of civil society into social, political and spiritual. Let's look at each institute separately.
Social institutions include charitable organizations, non-profit foundations, volunteer associations and similar structures. Such organizations engage in socially positive activities on a voluntary basis, without requiring money for it. This manifestation helps to better understand what citizenship is.
Political institutions include socio-political movements and political parties. If a movement or party organization actively participates in the life of society, demands long-overdue changes and independently implements socially important tasks, then it is also an institution of civil society.
Spiritual institutions include creative and sports associations, churches, and institutions providing education. Such institutions are important for society, because they largely form the personal and moral principle in an individual.
It is worth mentioning about local government bodies, which are engaged in solving problems “on the ground”, which includes the population. Citizens take a certain amount of power into their own hands and overcome problems in short term, achieve goals. Local governments are often highly effective because citizens are both more interested in solving their own issues and are better informed about how things are going for them.
Forms of interaction between the state and civil society
The relationship between civil society and the state and the understanding between them is important. Civil society acts as a mediator between managers and subordinates. If the rulers and the people do not understand each other and are in confrontation, then there can be no talk of the effective development of society. The authorities need civil society to better understand how and what the population lives, what worries them and what they expect. Society needs interaction with the government in order to convey pressing problems to the authorities and receive help from them.
The main conditions for the existence of civil society are the participation of the people in the fate of the country, the readiness of the authorities for dialogue with people. A developed civil society structure will help improve the well-being of the entire country.
Loading...
