In a democracy, the state, in relation to civil society, performs the following role:

· Creation legal basis for activities civil society, ensuring freedom, security and human rights

· development of communications: communications, transport arteries - railways, roads, etc.

Testing:

1. Mutual responsibility of the state and the individual, partnerships authorities and society distinguish the state

1) legal

2) sovereign

3) republican

4) federal

2. The sphere of civil society includes activities

1) parliament

2) Writers' Union

3) prosecutor's office

4) armed forces

3. A distinctive feature of the rule of law is

1) sovereignty

2) availability of national currency

3) separation of powers

4) institution of citizenship

4. A voluntary political organization that unites a group of like-minded people expressing the interests of certain social forces and aims to realize them by conquering, retaining and using state power. What concept does this definition correspond to?

1) constitutional state

2) trade union

3) political party

4) parliamentary faction

5. Organization Z is actively involved in political life, but does not set the task of seizing power, but only puts pressure on it, achieving its goals. Organization Z is

1) rule of law

2) socio-political organization

3) political party

4) parliamentary faction

6. What concept is used to characterize non-state social connections and relations between citizens?

1) civil society

2) rule of law

3) welfare state

4) public organization

7. Which organization represents civil society?

1) Consumer Protection Union

2) law enforcement agencies

3) armed forces

4) district court

8. What distinguishes a rule of law state?

1) dominance of the executive branch

2) control over the activities of funds mass media

3) the presence of a single universally binding ideology

4) implementation in practice of the principle of separation of powers

9. Non-state and non-party associations influencing state power, actively participating in political life, but not setting the task of seizing power, but only putting pressure on it, achieving their goals. What concept does this definition correspond to?

1) rule of law

2) socio-political movement

3) political party

4) parliamentary faction

10. main feature civil society organizations is that they

1) are established by government bodies


2) participate in political struggle

3) rely on the initiative activities of people

4) implement government programs

11. Which organization represents civil society?

1) association of university rectors

2) law enforcement agencies

3) armed forces

4) district court

12. What distinguishes a democratic state of law?

2) guarantee by laws of equality of parties and movements

3) availability law enforcement

4) the presence of strict government censorship in the country

13. Are the following judgments about the rule of law true?

A. The rule of law guarantees respect for the rights and freedoms of citizens.

B. A distinctive feature of the rule of law is the consistent implementation of the principle of separation of powers.

14. An initiative group of residents whose houses are adjacent to the park organized a cleanup day to clean and improve the park area. This example worth to activity

1) state apparatus

2) civil society organizations

3) municipal services

4) local government

15. Which of the following examples illustrates the activities of civil society organizations?

1) Parliament adopted an amendment to the law on mass media.

2) Garage owners held a protest against the construction of a highway on the site of their garage cooperative.

3) The head of state made an annual address to parliament.

4) Deputies legislative assembly visited several preschool institutions.

16. Which organization represents civil society?

1) Ministry of Education and Science

2) association of orchid lovers

3) city court

4) prosecutor's office

17. The distinctive feature of the rule of law state includes

1) the presence of a professional management apparatus

2) rule of law

3) presence of a legislative body

4) sovereignty

18. Are the following judgments about the rule of law true?

A. The signs of a rule-of-law state include the inviolability of human rights, their protection and guarantee.

B. A distinctive feature of the rule of law is the presence of a single, universally binding ideology.

1) only A is true 3) both judgments are true

2) only B is true 4) both judgments are incorrect

19. Below are a number of signs. All of them, with the exception of one, distinguish civil society. Find the number of the characteristic that falls out of this series.

1) Diversity of forms of association of citizens, 2) autonomy of organizations, 3) self-organization and self-government 4) democracy, 5) regular turnover of government bodies

20. Find in the list below features legal state and write down the numbers under which they are indicated.

1) the presence of a legislative system

2) rule of law

3) separation of powers

4) taxation of citizens

5) implementation of law enforcement activities

6) mutual responsibility of the state and citizens

21. Below are a number of signs. All of them, with the exception of one, relate to the characteristics of a rule of law state. Find and enter the number of the characteristic that falls out of this series.

1) The rule of law, 2) a single state ideology, 3) separation of powers, 4) ensuring human rights and freedoms, 5) mutual responsibility of the individual and the state.

22. Find civil society organizations in the list below and write down the numbers under which they are listed.

1) Ministry of Communications and Mass Communications

2) environmental movement

3) association of Russian lovers classical music

4) prosecutor's office

5) association of vehicle owners

6) department of internal affairs

The legal nature of civil society, its compliance with the highest requirements of justice and freedom is the first most important qualitative characteristic of such a society. This feature of civil society is embodied in the normative requirements embedded in the content of the categories of justice and freedom. Freedom and justice represent in a civil society social character, normalizing (ordering) the activities of people, teams and organizations.

The second qualitative characteristic of civil society is functional. It is connected with the fact that the basis for the functioning of such a society is not simply the creation of a certain field (or space) for the realization of private interests, formally and legally independent from state power, but the achievement high level self-realization, self-regulation of society.

The third qualitative characteristic is the feature of civil society, which characterizes its highest values ​​and main goal functioning. In contrast to the initial ideas about civil society, based on the absolutization of private interests, the modern general democratic concept of post-industrial civil society should be based on the recognition of the need to ensure an optimal, harmonious combination of private and public interests.

Taking into account the noted qualitative characteristics, we can understand civil society as a system of socio-economic and political relations operating in legal regime social justice, freedom, satisfaction of the material and spiritual needs of man as the highest value of civil society. Civil society in Russia: Western paradigm and Russian reality. M., 2006.

The main function of civil society is the most complete satisfaction of the material, social and spiritual needs of its members.

We can also highlight a number of important functions of civil society:

  • 1) protection of private spheres of human and citizen life;
  • 2) organization of public self-government;
  • 3) protection of citizens and their associations from illegal interference in their activities by state authorities;
  • 4) ensuring real guarantees of human rights and freedoms, equal access to participation in state and public affairs;
  • 5) ensuring social control in relation to its members;
  • 6) organization of communication links: the task of institutions and organizations of civil society is to inform the state about the specific interests of citizens, the satisfaction of which is possible only through the efforts of the state;
  • 7) stabilizing function.

One of the functions of civil society is also to ensure a certain minimum level of necessary funds to the existence of all members of society, especially those who cannot achieve this themselves (disabled, elderly, sick).

The condition for the stability of civil society and the preservation of its integrity is the presence of state policy, enshrined in state legal structures and implemented by them. Such a policy is designed to take into account the full spectrum political interests and give priority to those that are most essential for the preservation and development of the country. Ideally public policy represents an optimal synthesis of objective trends social development and prevailing subjective judgments various groups about your interests in it. Thus, in a certain sense, such a policy distances itself from the policies of specific social forces, even those that at one time or another constitute the majority in representative bodies of power. This implies the need for such a policy to be shared to some extent by the minority, otherwise insurmountable difficulties may arise in its implementation. This policy is intended to be quite stable, stable, and to have strategic properties. Finally, it must contain a unifying principle that ensures the positive development of society. Research into theoretical problems of the rule of law. M., 1996.

The term “civil society” is firmly included in the categorical apparatus of jurists, historians, philosophers, sociologists, political scientists, etc. At the same time, a large dispersion is obvious both in the specific definition by various authors of the very concept of “civil society” and in the approaches to its analysis. There are several definitions of this term, but the main idea, of course, is the same.

Civil society is 1) the presence of property at the disposal of people (individual or collective ownership);

the presence of a developed, diverse structure, reflecting the diversity of interests of various groups and layers, a developed and ramified democracy;

high level of intellectual, psychological development members of society, their ability to act independently when included in one or another institution of civil society;

the rule of law of the population, that is, the functioning of the rule of law.

Civil society can be considered a community of people where an optimal balance of all spheres has been achieved public life: economic, political, social and spiritual, where constant forward movement society forward. “Civil society is a society in which associations of citizens that are different in nature (parties, unions, labor unions, cooperatives, groups) establish a connection between a person and the state and do not allow the latter to usurp the individual.”

That is, in the presence of civil society, government is only one element that coexists with various institutions, parties, associations, etc.

All this diversity is called pluralism and suggests that many organizations and institutions democratic society are not dependent on government for their existence, legitimacy and authority. In the existence of civil society, the state acts as an exponent of the compromise between various forces in society. Economic basis civil society is the right to private property. Otherwise, a situation is created where every citizen is forced to serve the state on the terms dictated to him by state power.

In fact, the interests of minorities in civil society are expressed by various social, political, cultural and other unions, groups, blocs, and parties. They can be either state-owned or independent. It allows individuals to exercise their rights and responsibilities as citizens of a democratic society. Through participation in these organizations, one can influence political decisions in a variety of ways.

Concept and structure of civil society

Civil society exists and functions in contradictory unity with the state. At democratic regime it interacts with the state; in a totalitarian state, it stands in passive or active opposition to the state.

Let us note that the basis of any civil society is a number of the most general ideas and principles, regardless of the specifics of a particular country. These include:

economic freedom, diversity of forms of ownership, market relations;

legitimacy and democratic nature of government;

unconditional recognition and protection of natural rights and freedoms of man and citizen;

class peace, partnership and national harmony;

a legal state based on the principle of separation and interaction of powers;

equality of all before the law and justice, reliable legal protection of the individual;

political and ideological pluralism, the presence of legal opposition; civil society power state

freedom of speech and press, independence of the media;

non-intervention of the state in privacy citizens, their mutual duties and responsibilities;

effective social politics providing a decent standard of living for people.

Thus, civil society is defined as an integral social system, characterized by the development of market relations, the presence of social classes and strata that have their own sources of existence, independent of the state; economic freedom of producers, the presence of political, social and personal freedoms of citizens, democracy of political power, the rule of law in all areas social activities, including the state one.

The structure of civil society is internal structure society, reflecting the diversity and interaction of its components, ensuring the integrity and dynamism of development.

The system-forming principle that generates the intellectual and volitional energy of society is a person with his natural needs and interests, externally expressed in legal rights and responsibilities. The constituent parts (elements) of the structure are various communities and associations of people and stable relationships (relationships) between them.

The structure of modern civil society can be represented in the form of five main systems, reflecting the corresponding spheres of its life. These are social (in the narrow sense of the word), economic, political, spiritual, cultural and information systems.

In the social sphere, the institutions of civil society are the family and various groups of people: labor, service, groups based on mutual friendship, interest groups (clubs, hunting, fishing groups, gardening partnerships, etc.), children's and youth organizations that are not political in nature (for example, boy scout organizations). It should be noted that in this case we mean social sphere- this is the sphere of all public life, including the economic, political, spiritual, cultural, and information spheres.

IN economic sphere civil society institutions are organizations, enterprises, institutions engaged in production material goods, provision of various types of services, both material and intangible (banking and credit institutions, travel agencies, travel agencies, paid provision legal services).

IN political sphere civil society institutions are political parties, organizations, movements of various political orientations (right, left, centrist, religious), pursuing political goals those participating in the struggle for state or municipal (public power). This also includes youth political organizations (for example, communist youth unions).

The most important institution of civil society in the political sphere is local government, whose bodies, together with state bodies, represent the system public authority and are the link between civil society and the state. All of the above institutions, together with the state, constitute the political system of society. The civil society institution known as trade unions is unique. They operate in both the political and economic spheres.

In the spiritual and cultural sphere, the institutions of civil society are cultural institutions, creative organizations and unions, educational institutions, physical education and sports clubs, unions (federations), churches and religious (confessional) organizations that are not political in nature.

IN information sphere civil society institutions are the media (newspapers and magazines, radio and television, Internet information pages). In a totalitarian state, all of the above spheres of public life are either completely nationalized or are under the strict, comprehensive control of state bodies, and in an ideologized state, such as the former USSR, and under the control of organizations of the ruling party (in the USSR - the Communist Party Soviet Union- CPSU).

The most nationalized in former USSR turned out to be economic and political spheres. In the economic sphere, only the socialist (state and collective farm-cooperative) form of ownership of the means of production was recognized. Private property was prohibited, criminal liability was provided for private entrepreneurial activities and commercial intermediation (Article 153 of the Criminal Code of the RSFSR of 1960).11 As a result of this, organizations, enterprises, institutions engaged in the production of material goods, the provision of various types of services, both material and intangible character, were mainly state-owned. The collective farm form of ownership was collective farms (collective farms), engaged primarily in the sphere Agriculture. In fact, collective farms enjoyed no independence; their activities were completely controlled by government agencies and the CPSU. Producer cooperatives represented a negligible percentage of economic system Soviet society.

The political sphere of Soviet society was characterized by strict one-party rule. No other political parties except the CPSU were active. The only youth political organization was the All-Union Leninist Communist Youth Union (VLKSM) - Komsomol. Even the children's organization - the All-Union pioneer organization- All-Union Pioneer Organization named after V.I. Lenin.

There was no local self-government in the former USSR - local Councils were part of the system of government bodies and were completely subordinate to higher government bodies.

Trade unions had centralized leadership in the person of the All-Union central council trade unions(All-Union Central Council of Trade Unions). Legally, trade unions were considered public organization. However, the actual nationalization of trade unions began in the first years of Soviet power. They were declared a “school of communism” and actually entered into the mechanism of the Soviet state, and trade unions were initially even given second place after communist party. Regarding V.I. Lenin, in his work “Children’s life of “leftism” in communism” he wrote: “The party directly relies on trade union bodies, which now, according to the last (April 1920) congress, number over 4 million people. Virtually all the leading institutions of the vast majority of unions... consist of communists and carry out all the directives of the party... Then, of course, all the work of the party goes through the Soviets, which unite the working masses without distinction of professions... This is the general mechanism of proletarian state power, considered "from above "from the point of view of the practice of dictatorship."

The spiritual and cultural sphere of Soviet society was also subject to strong nationalization, and the information system was completely in the hands of the state. Only the church and religious organizations remained outside the state; on the contrary, anti-religious, atheistic propaganda constituted a significant part of the state ideology, and religious institutions themselves and their representatives were periodically subjected to persecution, including criminal persecution.

In the political sphere there really is a multi-party system. Nationalization of the spiritual and cultural sphere has become minimal. For example, most preschool institutions and schools are currently not state-owned, but municipal; There are numerous private and other non-state educational institutions. In the information sphere there are both state and municipal, as well as other (independent) media.

We can conclude that when characterizing the structure of civil society, three circumstances should be kept in mind.

Firstly, the presented classification was undertaken in educational purposes and wears conditional character. In fact, the named structural parts, reflecting the spheres of life of society, are closely interconnected and interpenetrated. The unifying factor, the epicenter of the diverse connections between them, is the person (citizen) as a totality public relations and the measure of all things.

Secondly, when studying social, economic and other systems as relatively independent phenomena, other structural components (ideas, norms, traditions) cannot be underestimated.

Thirdly, we must see that the connecting, ordering factor in the structure and process of life of a social organism is law with its natural, general humanistic nature, supported by progressive, democratic legislation, that the logic of the development of civil society inevitably leads to the idea of ​​legal statehood, a legal democratic society.

1. Highlight the main features of the development of civil society and social problems, characteristic of the period of industrial development.

The main features of its development in the 1890-1960s. there was politicization and extreme ideologization of the public and private life of citizens and their associations, as well as the special role of the conflict between labor and capital in society.

Social problems: conflict between labor and capital, lack of civil rights and freedoms for some categories of the population, in particular women; fear of the beginning of a new won. Trade unions were divided between parties.

2. What significance did the events of 1968 have and what trends in the development of society did they indicate?

The year 1968 marked a new role for citizens who were tired of the dominance of the bureaucracy, government interference, parties and other organizations.

An upsurge in civic activity began.

3. Compare the features of civil society in the industrial and post-industrial eras. Identify the main differences.

The main features of the development of civil society in the 1890-1960s. there was politicization and extreme ideologization of the public and private life of citizens and their associations, as well as the special role of the conflict between labor and capital in society. Trade unions were divided between equal parties, who sought to turn them into instruments of their own political struggle. Conservatives controlled Christian trade unions. Anarchists (anarcho-syndicalists) led large trade unions in France, Italy, Spain, and the USA. The largest trade union associations of workers were under the influence of socialists and communists. The fascists tried to rely on the societies of former front-line soldiers of the First World War, liberals and socialists used the women's movement, etc. Each newspaper or magazine had its own political orientation. Thus, ideological confrontation permeated the public and private lives of citizens.

Changing the role and nature of civil society as a set of independent political state voluntary associations of citizens have clearly manifested themselves since the 1960s. From this time on the decline in popularity began political organizations And government agencies, parliaments, governments, reduction in the number of parties, trade unions, boy scouts and other organizations. People have become less likely to participate in elections. These phenomena were typical for all developed countries West. At first, this was perceived as a crisis of democracy and the breakdown of social ties, until it became clear that citizens were looking for other forms of interaction. It turned out that people began to find themselves more often within small interest groups, go to elections less often, but devote more time to various kinds of voluntary associations.

4. What is the new role of civil organizations in the modern world?

Scientists called the “global revolution of voluntary associations of citizens”, which began in the 1960s. an unprecedented surge in civic activity and the emergence of new organizations - in defense of consumers, environmental student, alternative, civil initiatives, mutual aid societies, etc.

Their actual slogan is “Society outside the state” and often “Society against the state.” These movements reflect the desire for mutual assistance, to protect the interests of the individual, group, regional and local interests. These are movements for the restoration of civil dignity of people and ensuring their rights, for improving working and living conditions, for the revival and protection national culture, protection of the rights of various minorities, protection environment, animal protection, etc.

The main conflict in society is no longer the contradiction between labor and capital, but the conflict between those who have economic and political power, and other citizens.

5. Which civil society organizations do you consider most important?

Mutual aid societies, for the protection of consumer rights, societies for the protection of the environment.

6. Which civil society organizations would you like to get involved with and why?

In a society for environmental protection. I would like to leave the Earth in a habitable condition for future generations.

7. Why did renewal movements arise in the church?

These updates were inspired by the times. The development of civil society showed that people are ready and able to take responsibility for their lives. The church with medieval rules no longer satisfied the needs modern man. And the support of fascist regimes by the church turned people away from it.

Civil society: concept, structure, characteristics. The concept and reality of the idea of ​​​​forming a civil society in Russia.

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 becoming civil society stands priority of the rights of the individual as an independent subject.

Autonomy of society - an important element of civil society, meaning independence from the state of various public spheres and associations (the economy, trade unions, the 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 that regulates 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, which is characterized by the following features:

    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;

    law 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.

Structure of civil society covers:

Non-state socio-economic relations and institutions (property, labor, entrepreneurship);

A set of producers independent from the state (private firms, etc.);

Public associations and organizations;

Political parties and movements;

The sphere of education and non-state education;

The system of non-state media;

Church, etc.

Civil society manifests itself in social, economic, political, spiritual and information systems. In this sense:

The social system is a complex of objectively formed communities of people (family, public organizations, layers, classes, nations, etc.) and the relationships between them;

An economic system is a complex of economic relations that people enter into in the process of implementing relations of ownership, production, distribution, exchange and consumption of the total social product;

The political system is a complex of certain political subjects (local governments, political parties, socio-political movements, other public associations) and the relations between them;

The spiritual system is a complex of relevant cultural, educational, scientific and religious institutions, within the framework and with the help of which spiritual relationships are realized;

An information system is a complex of structures associated with the circulation of information in a given society (primarily non-state media). boy

Basic concepts of civil society

1.1. Concepts of civil society in antiquity and the Middle Ages

In ancient philosophical thought, the category “civil society” first appears in Cicero, but it seems possible to identify it within the texts of Plato and Aristotle. The ideas expressed in antiquity formed the basis for all subsequent concepts, which are essentially their development, systematization or criticism.

In Plato's Republic, a division of the categories “private” and “public” appears, referring to the family and the state, respectively. However, in Plato’s model, society, state and civil society are one, civil society is inseparable from both the state and the pre-state state of society. At the same time, it acts not as a kind of “connecting link”, not as a property acquired over time, but as an integral condition for the existence of a community of people. Thus, “civil society” is identified with society in its modern understanding and the basis is laid for its separation from the state.

Aristotle's Politics reaffirms the separation of "family" and "society", formally equating the latter with "state", but leaving room for interpretation. The family is the “primary unit of society,” subordinate to the state and at the same time the purpose of its existence. The state is defined as "an association of equal citizens living in a polis" or as "a society formed from several villages", which formed the common pre-Enlightenment idea that the state consisted of several societies identified with cities. Aristotle calls private property the basis of society and the state, and its goal is its protection. According to Aristotle, civil society is a society of citizens, that is, there is no difference between society and civil society.

In “On the State,” Cicero, in addition to the classical formulations of key concepts for civil society (citizen, rule of law, private property), proposed the terms “civil community” and “civil society.” Developing the ideas of Plato and Aristotle, Cicero records the emergence of a “civil community” with the advent of interpersonal communication, and this process does not necessarily coincide with the emergence of a state and the status of a citizen for an individual belonging to a civil community. Following Aristotle, a “civil community” also refers to a city-state, while a state is a collection of cities. According to Cicero, the state is a thing that is in use by the civil community. Thus, for the first time, the “civil community” (in modern transcription - civil society) is separated from the state and is called the fundamental principle, and the state is only a superstructure. The concepts of “society of citizens” and “civil society” characterize a society in which the law serves as a social regulator and a connecting link between its members, that is, as a synonym for a “rule of law state.” This creates the basis for the separation of “civil society” from “society”. Cicero's concept is the highest stage in the development of ancient state thought.

In the Middle Ages, “civil society” did not attract attention from scientists, limiting itself to fragmentary statements, usually borrowed from ancient texts. Thus, A. Augustine in “On the City of God” writes about “civil society” as a higher association than the family, a collection of families, all of which are citizens. Aristotle's thoughts are repeated that the state is a union of cities, and the city is a civil society. The main contribution of the Middle Ages to the theory of civil society was the humanistic ideas of freedom and their dissemination in the minds of people. Driving force Augustine considers civil society to be virtue; the condition for its viability is the harmony and proportionality of the groups of people included in it. “Society” is still not separated from “civil society”.