Теория и философия права
Reference:
Lykov A.Y.
The Construction and Definition Problems Surrounding the Political and Legal Ideal
// Legal Studies.
2024. № 3.
P. 1-21.
DOI: 10.25136/2409-7136.2024.3.69861.2 EDN: GCQSGR URL: https://en.nbpublish.com/library_read_article.php?id=69861
Abstract:
The subject of this study is the concept of “political and legal ideal.” Guided by current statistical data and international research results, it is substantiated that the models of state development used in the world have turned out to be untenable. The consequence of this circumstance is the need for legal science to develop new approaches to improving social relations. A political and legal ideal can serve this purpose. Based on the study of legal doctrine and modern scientific works, the author has attempted to analyze the concept of the “political and legal ideal” and propose a possible way to construct it. The methodological basis of the work consists of a systematic approach, analysis, synthesis, dialectical method, eclectic method, formal legal method, and the method of state-legal modeling. Statistical and sociological methods are also applied to use factual data about society. The author’s unique contribution to the study of the topic is forming a new approach to understanding the political and legal ideal and its construction. When forming theoretical provisions that make up the content of the political and legal ideal, it is proposed to consider three groups of mandatory consistent patterns. The first and foremost group is characteristic of any state, the second is only for a group of states united by a common goal, and the third is patterns that are exclusive to a specific state. In addition, the content of the created model must reflect the immanence of contradictions in society and form a mechanism for their resolution. The approach presented by the author can serve as the basis for further improvement of the theory of the political and legal ideal, as well as contribute to the development of the most necessary effective legal solutions on the part of the state.
Keywords:
law, social ideal, state progress, development consistent patterns, universal norms, contradictions, legal ideal, political-legal ideal, model, society
Human and state
Reference:
Kitaeva V.
Forms of organization of people as a primary stage in relations with the state
// Legal Studies.
2024. № 3.
P. 22-34.
DOI: 10.25136/2409-7136.2024.3.70130 EDN: BASMAA URL: https://en.nbpublish.com/library_read_article.php?id=70130
Abstract:
The article analyzes the legal and organizational foundations of interaction between public authorities and people. Local self-government is considered as a modern and most important form of organizing the activities of people, since it is the type of public authority closest to the population and is designed to solve issues of local importance in a particular territory. The subject of the study is the problems of interaction between public authorities and people due to the fact that at the present stage in our country there is an urgent demand for direct participation of people in solving issues of local importance, since active participation of people in the field is necessary to solve national issues. The methodological basis was general scientific and special research methods: formal legal, systemic, comparative legal analysis. For example, the formal legal method made it possible to analyze the main forms of local self-government, and the comparative legal method helped to conduct a comparative analysis of the forms of direct implementation of local self-government and forms of public participation in the implementation of local self-government. The purpose of the work is achieved by identifying and analyzing current problems of interaction between public authorities and people. Result of the research that not all forms of interaction between public authorities and people are equally effective. Some of them are outdated. The article concludes that there is a need for priority interaction of public authorities with people to resolve issues of local importance, as well as that it is the forms of organization of people that are the primary link in relations with the state. The authorities need to involve people in the development of territories and solving problems, interacting in various forms and implementing the most successful practices of the regions everywhere.
Keywords:
regional practice, e-government, state, unified system authority, direct forms, interaction, forms of organization of people, public authorities, state authorities, local self-government