Open AccessLegal culture as the basis for the formation of civil society
Author(s) -
V. A. Chukaeva
Publication year - 2021
Publication title -
vìsnik černìvecʹkogo fakulʹtetu nacìonalʹnogo unìversitetu «odesʹka ûridična akademìâ»
Language(s) - English
Resource type - Journals
ISSN - 2707-7527
DOI - 10.32837/chern.v0i6.290
Subject(s) - basis (linear algebra) , political science , legal culture , civil society , law , sociology , mathematics , politics , geometry
The article deals with the problem of formation of civil society in Ukraine. The author also considers the featuresof society at the present stage of development of the statehood of Ukraine. Constitution of Ukraine states in the first articlethat the state is legal. This presupposes the existence of binding democratic institutions in society. This presupposesthe existence of binding democratic institutions in society. Democratic institutions in real support are possible onlyif there is a civil society. At the present stage in Ukraine, civil society is only being formed. There is a deep crisisof state power. This situation leads to social conflicts. They are dangerous for the state, as they take place in the formof demonstrations, strikes and civil wars. The result of such conflicts is unpredictable, but the threat of the collapse of thestate is always present. The main reason for such conflicts is the lack of legality in the management of society by the state.The rule of law itself must be based on the rule of law. It is precisely such conflict situations that hinder boththe development of civil society and the formation of a state governed by the rule of law. The rule of law is possible onlywith the real provision of the rule of law, the rule of law. Therefore, the article analyzes the essence of such categoriesas “legal culture”, “legal consciousness”, “rule of law”, “legality”.The existence of the rule of law in the system of legal regulation of the state is possible only if there is a legal cultureand legal consciousness in society. The author of the article substantiates that it is the legal culture that is the basisfor the formation of civil society. Only the level of legal culture of society ensures the rule of law and legality. Legalityitself is possible if the state ensures the mandatory legal responsibility of all members of society in case of violationof the norms of law.The author comes to the conclusion that the existence of a real mechanism of legal regulation, which ensureslegality, is possible. This can only be done if there are two systems: 1) a system of guarantees for rights and 2) a systemof ensuring legal liability in the absence of a system of duties.