Ishchuk S. Civil society in terms of the European integration development of Ukraine: theoretical and practical aspects.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101863

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

27-09-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The dissertation is a research of civil society as a complex system of public relations which is aimed to mobilize and protect private and collective interests of representatives of society in all spheres of public life. The sphere of civil society provides equal cooperation between civil society and the state: the suspension is constructively infused into the processes of suspension and power development. As a result, such type of society constructively influences on the processes of social and state development. The methodological and theoretical problems of civil society are investigated in this research; approaches of understanding this category in modern national legal doctrine and the legal framework for ensuring the functioning and development of civil society are identified. The dissertation has used an integrative conceptual approach to highlighting the theoretical foundations of the phenomenon under study, which identified a number of key characteristics of the concept of "civil society" and offer a vision of the legal framework of civil society in the process of constitutional modernization. The author has analysed the legislation in the field of functioning of civil society and proposed personal view to allocate norms: norms which define basic approaches to understanding of civil society and its interaction with the state; norms governing the activities of civil society institutions; norms that determine the legal basis for collective and individual participation in the interaction of civil society and the state; norms providing for state financial support of civil society initiatives. The institutional structure of civil society have been considered in the dissertation; the problems of legal status of political parties, public associations and mass media in the context of Ukraine's European integration development have been analyzed; the ideas which give the chance to introduce standards of the European Union and Council of Europe in activity of civil society institutions in Ukraine have been proposed. The legal forms of collective and individual participation in the partnership model of civil society and state institutions was analyzed in research; the legal problems of exercising the right to civil protest and peaceful assembly as a special form of democracy in the context of civil society and the state was examined. It is established that the existing forms of interaction between executive bodies and civil society institutions need to be improved in order to introduce a clearer and imperative procedure for taking into account civil society initiatives in the activities of state institutions by adopting a separate legislative act "On Public Control". The essence of legal support of the economic basis of civil society is established in the research, the peculiarities of the freedom of entrepreneurship as the basis of stable and self-sufficient civil society are revealed and the legal forms of financial support of civil society institutions are analyzed. Approaches of the legal analysis of state support for the activities of civil society institutions in the economic sphere are systematized and the following forms are defined: direct financial support, which provides for the allocation of funds from budgets for civil society institutions; indirect financial support, which is implemented through the establishment of tax benefits; social services.

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