Scientific and analytical basis of legal ideology: ways to increase efficiency

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Scientific and analytical basis of legal ideology: ways to increase efficiency

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The article investigates the significance and nature of legal ideology, defines its scientific and practical basis. The significance of such components as legal thinking, spiritual and intellectual prerequisites, interaction of the state and civil society are analyzed. The ways of development of legal ideology and the role of theoretical and legal science in its provision are substantiated. The last two decades were characterized by significant social dynamics, which was reflected in the massive changes in political, economic, legal and cultural conditions of society. A qualitative change in the entire socio-cultural situation, including the type of economic and political system, could not but affect the legal consciousness of Ukrainian society, which was expressed, in particular, in changing the legal values underlying the national legal system. Given the scale of change, it is logical to assume that the forms of legal consciousness will undergo significant changes. After all, legal ideology actually reflects the state of civil society and the legal system of the state. If we talk about the state of civil society, despite the fact that Ukraine has been a sovereign, independent, democratic, social state for more than a quarter of a century, the stage of formation and development of civil society is still going on and is rather protracted. The events of recent years that have survived in Ukraine left their negative impression on the situation of civil society, because of the despondency to power and political forces, the activity of citizens in public life and thereby the formation of a democratic society has decreased. Legal ideology is rightly considered, on the one hand, as an ideological counterweight, restriction and prohibition of unlawful acts and phenomena, and on the other hand – as a set of conceptually grounded ideas, principles and provisions, incentives and motives that contribute to strengthening and establishing legitimate principles for the functioning of society. Thus, legal ideology can be a peculiar criterion of the assertion of the rule of law and law and order in the strategic, purpose-oriented sense, and tactically – the implementation of the adopted laws, which can not but affect the status of law as a system of social obligatory norms, the obser vance and execution of which is ensured by the state. To ensure political stability in Ukraine, the state must be able to build its state ideology, which will be guided by its activities, which will ensure the integration of society and state and the integrity of the entire social system. Of course, for the construction of this type of ideology, the consent of both society itself and the state should be a prerequisite for directions of activity and prospects for future development. In Ukraine today, two ways of development of legal ideology have been clearly defined: the classical liberal path and the way aimed at the revival of the traditional foundations of Ukrainian statehood and law and order. However, before society and the authorities, the actual task of not acquiring a new legal ideology appears, but the improvement of existing conceptual ideas about law (right-ideological modeling). Speaking about the future content of the legal ideology of Ukraine, it must clearly be a liberal direction, but with the existing mechanism of containment and counterbalance, since our state has not yet lost its totalitarian legal heritage. This is logical for several reasons. First, as noted by the ideologists of liberalism, the state not only remains an arbiter, but also the strongest player, who for the sake of certainty as a result rewrites the rules of the game during the action. Secondly, the lack of clear political regulators can lead to the usurpation of power and the adoption of undemocratic decisions that can corroborate our history. However, such regulators should be weighed and flexible enough. Achieving harmony between the observance of social rights and freedoms and economic prosperity can not violate the principles of the rule of law and legality. Ukrainian legal ideology should not be based on the idea of a social and political split, the opposition of one social group to another. On the contrary, the theory should be aimed at uniting the country, achieving its moral and spiritual unity, the necessary political consolidation and civic agreement, which in practical terms involves planning and conducting a series of concerted actions of political, cultural, economic and informational character. In addition, legal ideology should be sufficiently open to take into account and perceive the historical experience of the Ukrainian nation. The legal ideology should include all the constructive and useful for Ukraine on the theory and practice of the past and present. Needed is a rational combination of the interests of the individual and society, and not the domination of one over the other. Full development of the personality, ensuring the harmony of rights and responsibilities must be realized through the integration of man into society, its culture, the involvement of the cultural and intellectual potential of the nation. The concept of the development of Ukrainian culture in the broad sense of the word should be the true basis for state-building in Ukraine.

Authors and Affiliations

Dmytro Ochollyas

Keywords

EP ID EP545164
DOI -
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