Batanov O. V. Municipal and legal problems of increasing the effectiveness of civil society in Ukraine
The article is devoted to research of municipal and legal problems of increasing the efficiency of functioning of civil society in Ukraine.
It is proved that the current legislation is a demonstration of a purely positivist and ethnical approach of the state to the institutionalization of civil society. At the same time, the main tasks and functions of civil society and its institutions - the phenomena are relatively stable, however, they are not unchanged. Despite the extremely inertial movement of many reforms or the overestimation of social expectations for their immediate results, they are continuously evolving and improving in the course of their implementation. The general tendency of their development in modern conditions should be the increase of the role of the human factor in the process of solving issues of social significance. A key element of the evolution of civil society is the measure of the exercise of human freedom in various spheres. An individual, a set of individuals, social communities form the basis of the emergence, functioning and development of civil society.
The emphasis is on the need to improve and strengthen the legal status of local self-government as the fundamental institution of civil society. The current theory of local self-government as an institution of civil society, to determine its role in ensuring the stability of the constitutional system and the development of constitutionalism in Ukraine. The local self-government is being assessed as sphere of self-organizational and self-governmental, which is a political by nature, processes. This helps pass difference between terms «self-organization» and «self-government», find depending between them and to recognize their as basis of democratization political system of power and a mere of the Ukrainian society.
Civil society, based on self-government and self-organization, can not and should not be formalized. The role of the state should be manifested not in artificial inspiration of civil society and its institutions, but in its affiliate support in resolving socially significant cases. The system of civil society should become a product of social and political creativity of the population, on the one hand, and purposeful efforts and support of the state, on the other. Therefore, to expand the rights and functions of civil society and its subjects, first of all, the territorial hromadas and other institutions of local self-government, should first of all where the greatest effect is brought by the public initiative.
Analyzed the basic theory of self-government, proposed the definition of local government as one of the main forms of democracy and constitutional means to limit state power in the formation of civil society. The dialectical connection of between the types of law understanding and basic concepts about the origin of the local self-government is shown.
Key words: local self-government, territorial hromada, civil society, questions of local impotence, modern municipalism, municipal power, decentralization.