Haidu H. The right to resist as a form of realization of rule of people (theoretical and legal aspects)

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100243

Applicant for

Specialization

  • 081 - Право. Право

30-09-2020

Specialized Academic Board

ДФ 11.051.007

Vasyl' Stus Donetsk National University

Essay

The dissertation is devoted to the study of theoretical and legal aspects of the right to resist as a form of rule of people. Based on the conducted research for the first time: the correlation of rule of people forms in Ukraine, the level of legal culture of society (including power subjects) and the effectiveness of legal institutions is established; a classification of forms of right to resist implementation is proposed, taking into account their changes in modern conditions; the fact of softening extreme forms of protests towards electronic forms of resistance and new types of revolutions is proved; the existence of legal simulacra in the practice of rule of people implementing is proved. Improved: the definition of the "right to resist" concept as an inalienable natural right of the individual, the main purpose of which is to guarantee and preserve the legality of power and the constitutionality of the state structure (it is concluded that such a right can be exercised individually or collectively in an active or passive protest form); understanding civic education as a condition for effective cooperation between society and the state in the context of the implementation of rule of people; typology of rule of people forms; the content of the "revolution"concept; theoretical justification of the correlation between the understanding of the right to revolt and the legitimacy of state power; ways to develop rule of people in modern Ukraine (in particular, the mechanism of the electronic petition system, the mechanism of specialized forums for public discussion of society development problems, the multi-level mechanism of civic education). The provisions on: the legal nature of the social phenomenon of rule of people; the grounds for classifying the forms of exercise of the right to resist were further developed; the content of the differences between the revolution and the coup d'etat, which consists in the scope of social changes after their implementation.

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