Skrypniuk O. QUESTIONS OF INTERACTION OF CIVIL SOCIETY AND STATE IN LEGAL HERITAGE OF M. DRAGOVANOV AND THE PRESENT
The article research Dragomanov’views of civil society and their interaction with the state in the context of development of society and liberal ideology in Ukraine in the second half of the XIX century. Liberal and democratic ideology determine the thinker views in a way and prospect of development of society and state, their modernization on democratic principles.
The essence of liberal views of Dragomanov consisted in recognition of freedom and advantage of the person as supreme values of society. M. Dragomanov’s investigations «Belief in public affairs», «Internal slavery and war for release», «Emperor Tiberius» are devoted to a question of creation of the developed institute of the rights and freedoms of the person. The main among all rights, he determined the right to life, the right to liberty, the right to political and legal equality of citizens, integrity of human beings and their dwellings, the right to work and a liberty of choice of occupations, the right to education, health and social security, the right of free ownership of property and the right of participation of a government. The thinker put domination of freedom in society into dependence on restriction of the government power, liquidation of authoritative influence on society. The civil society and the constitutional democratic state basing the activities on the fundamental principle of supremacy of law without «coercion», social oppression was his public ideal. Their basis will be constituted by «societies of free persons» which will provide domination of the public world, a consent and stability.
A basis of the organization of a political system he saw a republicanism and federalism as an antipode of autocratic despotism and centralized dictatorship. Thus the federalism shall be based on a reasonable combination of centralization and decentralization. The thinker represented federation as commitment of equal persons to communities and cooperation of the last with the big unions as pledge against usurpation of the power separate social groups. The Dragomanov understanding of federalism was exposed to criticism as supporters of independence of Ukraine and Marxists. The question of future form of the organization of the state on the federal beginnings through consolidation of politically autonomous regions and areas according to Dragomanov should be solved by citizens of free Ukraine after creation in it the democratic, constitutional, social state and civil society. The determining aspect of legal views of M. Dragomanov – a problem of interrelation of civil society and state, their partnership.
Civil society is «voluntary association of free and equal persons», and the constitutional state – the constitution, legality, a law and order. Absolutization of the power of civil society is capable to generate a condition of a fixed imbalance and a disbalance. Provision of special powers to institutes of civil society is capable to call legitimacy of existence of the democratic government into question. Effective system of interaction of the state and society, parliamentarism and recognition of the leading role in system of public authorities nationwide, constantly acting, jointly, the representative body performing it is state imperious functions.
Among executive and judicial authority this body acts as counterbalancing, peculiar exclusive «legitimator» which reserves the right of intervention and redistribution of powers between the basic government branches through representation of the interests in parliament. Civil society is capable of adjustment of the legislation in own interests that can entail dictatorship of parliament and is negative affect implementation of the fundamental principles of democracy.
An important aspect of legal views of M. Dragomanov a problem of the social state and its interaction with civil society. He considered that the fundamental obligation of the state consists in providing the economic and social rights of citizens, providing worthy level of living with it. In this connection it assumed expansion of powers of authority of the state for the purpose of accomplishment of the social functions by them that would correspond to interests of the last. Recognition of the principle of service of the state to civil society and the directions of the activities on providing equal opportunities for all his members, as bases of freedom and social justice shall be the integral line of legal bond between the constitutional, social state. In the interrelation with civil society the constitutional, social state considers as the basic principle of the activities ensuring partnership. In article the considerable attention is paid to aspect of the present of views of M. Dragomanov.
Key words: M. Dragomanov, state, civil society, democracy, rights and freedoms, association, supremacy of law, interrelation, interaction.