Lvova O. L. The role of ideology in the approval of legal values of the independent Ukraine
The article substantiates the role of ideology as one of the main factors in the approval of legal values of an independent state. Draws attention to the weakness of the value of the ideological Foundation on which should be based legal policy of the state and remember the real consequences of the absence of an official state ideology. Legal ideology is defined as a system of legal concepts, principles, theories, concepts, which in a systematic way to reflect and appreciate the legal reality.
In the preamble to the Constitution of Ukraine of 1996, declared that the Verkhovna Rada of Ukraine on behalf of the Ukrainian people accepts this Constitution, «expressing the sovereign will of the people, relying on the centuries-old history of Ukrainian state, aware of the responsibility before God, our own conscience, previous, present and future generations».
This shows the significant influence of ideology on the content of national legislation and legal consciousness, culture, and, accordingly, the nature of the relationship between state and individual within society.
70-year-old totalitarian past of our country also shows the corresponding ideological influence (pressure), which was formed Soviet legislation, government policy and legal life of the whole society. The ideological Foundation was filled with slogans that were chanted the dominance of state interests over individual interests of the individual, the priority of politics over law, etc.
And now there is a weak value-ideological Foundation on which was built the legal policy of the state. Neglect of ideology (as it is today in the Ukrainian society, which is reflected even in the new Constitution, Art. 15), according to scientists, non-constructive.
Legal ideology in a democratic state must: 1) be formed on the basis of the priority of human values and standards, in particular, rule of law and of law, democratic principles, rights and freedoms of man and citizen, and so on; 2) be based on critical perception of domestic and foreign historical experience, learning new attitudes and approaches to legal phenomena; 3) to focus on the achievement of social and political compromise, the rational combination of interests of individuals, society and the state, on the basis of the thesis that man, his rights and freedoms are recognized as the highest value.
In legal science, notes that legal ideology should not be built on the idea of social and political division, the opposition of one social group by another. Legal ideology should be based on the principle of strengthening and defense of Ukraine, which is to develop a democratic society. And the core of legal ideology, it is a required component is knowledge of law, which essentially refers to each person with the regulations, permissions and prohibitions, gives him rights and imposes duties. The person who knows the right of his state, notes the author, conducts legal life, and therefore, is relatively powerless arbitrary rule, inferior to her, showing submission.
With the latest abstracts relatively kernel legal ideology can, of course, to argue. Even a thorough knowledge of the law does not guarantee that it will become personal beliefs and ideas of the person on which they will build their lives and actions. Legal ideology aims to lay the foundations for the formation and development of the law, which will protect the person regardless of the level of legal knowledge.
Therefore, the state must have a reasonable, value-oriented ideology, which will become a beacon for political, legislative, enforcement activities of state bodies and relevant to prospective citizens ‘ expectations regarding the future of the legal life of both the country and their personal future.
The role of ideology in the approval of legal values in a democratic, legal state is that can have a powerful influence on the worldview and culture of the society and the individual, in particular, of state officials. Today the relevant ideological content of different constitutional provisions, including the proclamation of a person, his life and health, honour and dignity, inviolability and security as the highest social value; the consolidation of the rule of law and separation of powers, etc. That is, legal ideology should be formed on the basis of the priority of human values and standards, in particular, rule of law and of law, democratic principles, rights and freedoms of man and citizen.
Key words: state, ideology, human rights, law, legal ideology, social value.