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The place of civil society in the mechanism of modern law-formation
Author(s) -
T. Didych
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.4
Subject(s) - civil law (civil law) , law , public law , lawmaking , municipal law , private law , political science , civil society , comparative law , institution , sociology , legislature , politics
The author analyzes the approaches to understanding law-formation, reveals potential areas of research in lawmaking. It is emphasized that civil society is an important institution that is an integral part in the process of law formation. However, the question of the place of civil society in the formation of law, the nature of its functioning, the impact on the content of law in legal science have not received unambiguous answers, the vast majority of scholars generally avoid asking these questions and providing scientific answers. Law-formation is a complex and multifaceted phenomenon that is associated with a wide range of entities that are directly or indirectly involved in the formation of law. The necessity of scientific rethinking of the problems of the place of civil society in the system of subjects of law-making is substantiated, which is carried out by isolating and characterizing the levels of its influence on law-formation. Isolation and characterization of the levels of influence of civil society on the formation of law will reflect one of the main aspects of its place in the system of legal entities, which is determined by the interaction of civil society and affects the features of law, giving it institutional properties. Depending on the range of civil society, the levels of its influence on the formation of law are: 1) direct influence on the formation of law, which is an independent level of civil society influence on law-making, which is realized by the people - ie all citizens of all nationalities by direct expression of will people concerning the adoption, amendment or repeal of the rule of law; 2) indirect influence on the formation of law, which is an independent level of influence of civil society on law-making, which is realized by it through associations of citizens through official or unofficial pressure on the subjects of law to adopt, change or repeal law. It should be emphasized that the indirect influence of civil society on the formation of law occurs through associations of citizens who are able to accumulate the needs and interests of citizens, generalize them and influence the process of law formation in the context of implementation, protection or protection of needs and interests of citizens. which they formed the appropriate association. Central to the system of citizens' associations are civil society organizations and political parties, which play the role of the subject that mediates the influence of civil society on the formation of law.

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