Nalutsushyn V. Philosophic and legal paradigm of social control as a mean of assurance of legal order

The thesis is dedicated to the research of conceptual philosophic and legal approaches to understanding of social control as a mean of assurance of legal order. It has been proved that order and stability in a society depend on a number of social factors among which social order as a mean of self-regulation of society, the aim of which is to regulate social relations, plays an important role. The said issue becomes even more important in a legal dimension where social control is used as a decisive factor in formation of the legal order. At the same time uniqueness of social order is in its ability to engage with any social system and obtain specific historical form which corresponds to political, economic and cultural order of any society. During the whole history of development of the society there were nu-merous attempts to overcome certain unwelcome types of human behavior by different means as well as to engage them to act beneficially for the society or at least not to violate requirements of social norms. With this end in view each society was creating a system of social (civic and legal) control which included different means which made existence of legal order possible. The aim of the social control was to reduce violations of the established social norms and social values enshrined in them. It has been proved that social control as one of the important functions of society’s management, the aim of which is to sustain established social and legal order is based on the system of values which constitute a basis for social organization. Therefore, analysis of social control in its relation with a legal order has been carried out in the historical retrospective through the prism of basic values which dominate in a society and which are enshrined in social principles and norms. Basic stages of development of social control as a mean of assurance of legal control have been distinguished. It has been proved that social control as a basic mean of assurance of legal order, has an organizational and self-organizational component which is demon-strated in three aspects: social control as a result of organizational legal relations – legal (governmental) control. Legal control – is a mean of organization of a social system which ensures social (legal) order through internal influence of governmental power on a society through positive law; social control as a mean of self-organization of a social system which ensures social (legal) order through available self-established social norms (civic control). It has been proved that the system of social control is composed of the following elements: socializing; subject-object; normative; methodical. Quantors (attributes) of social control as a mean of provision of legal order, include: process of performance of social control is closely related to legal order (state of legal order depends on efficiency of social control); social control performs influence on a society; social control is a result of evolution social development of the society; it provides for social needs and stability of existence of a state and of the society generally; education of the members of the society is carried out through social control; social control also affects individuals and the society with the assistance of formal and informal sanctions; it is enshrined on all the level of functioning of the social system; it forms positive settings in an individual and overcomes aggression and social conflicts; it promotes adoption, acceptance by an individual of the norms, values and models of lawful behavior; consolidates and regulates activities of all members of the society; it has an appropriate set of methods that affect the individual and society. It has been proved that the phenomenon of social control is closely connected with the issue of establishing a social order, the decisive role in maintaining of which has an understanding of social control as a result of regulation (organization) and self-regulation (self-organization). Social order is a prerequisite for the existence of a society, because as long as there is order – there exists a society. Just as a society depends on order, and the order depends on society. If a society is ready for change, it is mutually agreed, a single whole, then the order becomes more flexible to internal changes in society. It has been proved that the basis of social and legal order is the processes of self-organization. Self-organization of legal order is characterized by the following features: it is the basic element of the organization of law and order, on the basis of which the state organization of legal order is carried out; clear awareness by the subject of its social interests, which are realized voluntarily and naturally; dependence of the quality of self-organization of legal order and its forms on the quality of legal regulation of social relations; dependence on the level of culture and justice in a society.