Boginich O. L.
The article discusses the practice of development of the Ukrainian state for the last 20 years of independence, the existing theoretical constructs regarding this politico-legal institution of the legal realities of life. It is noted that due to changing socio-economic system in Ukraine in 90 g-x XX century class approach to the study of the state was recognized as erroneous, but, as the principal was recognized as the approach of Western scientists to the state as a welfare state, which is engaged in a common good.
In recognition of this approach in science as generally accepted, is indicated on the negative consequences of hasty refusal of a class approach to the study of the state. In particular, it analyzes the role of ideas in the development of the state as a leader in the development of the political system of Ukraine in getting disappointing results in the development of economy, social sphere. Indicates improper gain political weight of the state in relation to society, which has led to numerous violations of citizens ‘ rights. An example that illustrates this conclusion, recognized two revolutions in Ukraine – 2004 and 2014
One of the reasons for this state of Affairs is vinnana neglect in the practice of the activities of political and economic actors such factors as the law of force. It is noted that the scientists of today who work in the humanitarian sphere, not enough attention is paid to the study of this phenomenon. Meanwhile, as this issue was addressed in the 17th century, in particular we are talking about B. Spinoza.
When analyzing the right force notes that the change from the first bourgeois revolutions on the right formal equality, is not deprived of its first negative potential upon receipt of the various entities in the relationship between them. This conclusion is illustrated by the economic practice of the first years of existence of the Ukrainian state. It is noted that the apotheosis of his action recognition times of the presidency of the Century Yanukovych. Therefore, it is concluded that ignoring the class approach to the study of the state, has led to very negative consequences in all spheres of public life.
Analyzed the metaphysical sense of the principle of the right hand as ponukajuca motive for the weaker party in the relationship between parties become stronger and more capable. In the context of relations between the state and civil society the idea is the same direction that the state until then will abuse their powers, while civil society is weak. It is concluded that the law of force is demonstrated not only in the «new democracies» of the post-Soviet space, but also in modern Western States. An example is the activities of the former Prime Minister S. Berlusconi, aimed at the manipulation of the mass consciousness of citizens with the aim of subordination of all governmental institutions of Italy.
In view of the above it is concluded that to rely on automated activity in Ukraine the European legislative acts in connection with the signing by Ukraine of the agreement Association with the EU, and, therefore, eliminating the threat of domination of the state over society is a political illusion, like the illusion that existed among the citizens of Ukraine in connection with the acquisition of independence. Only a change of emphasis from the development of the state on the formation of civil society, increasing its role in control over the activity of state authorities will provide the opportunity to hope for a change in relations between the state and civil society – with the dominance of the state to dominate civil society, which uses the state as a utility tool to achieve their goals.
Summarizing the above, it is concluded that the desire of some representatives of the Humanities as quickly as possible to part with the totalitarian past, led to the emergence of a new totalitarianism, but not such an obvious, veiled under the guise of democracy is an abuse of process the authority of its powers, that is not so obvious as in the case of direct repression in the age of totalitarianism, but no less dangerous for human rights. The main tool of this rule is the manipulation of consciousness on the part of the authorities. In the example of the politics of power on commemorating the victims of Holodomor, on the basis of the many victims of the Ukrainian people in a tragic thirties of the twentieth century. Meanwhile, no one pays attention to that for the 20 years of independence the population of Ukraine decreased by 6 million. And not least there is the wine of state institutions that have not fulfilled their constitutional duty to approve and ensure the rights and freedoms of man and citizen, among which the principal is a natural right – the right to life.
The result of research is the view that accounting class component in the definition of the state scientific will give more reliable results than ignoring the presence of private interest when carrying out management. Therefore, the development of appropriate scientific recommendations to minimize the negative effects of the presence of such interest in politics is on the agenda of modern Ukrainian science, including legal.
Key words: state, civil society, the right power, the right to formal equality, the national idea.