UNDERSTANDING THE RULE OF LAW AS A SOCIAL STATE IN THE DOMESTIC THEORY OF LAW

Autor: I. Galstyan, R. Melekaev
Jazyk: ruština
Rok vydání: 2021
Předmět:
Zdroj: Гуманитарные и юридические исследования, Vol 0, Iss 1, Pp 198-204 (2021)
Druh dokumentu: article
ISSN: 2409-1030
Popis: The paper presents the author's vision of the theory of the social state as a model of an effective legal state. An effective state is considered as a societal system in which the process of changing relations and processes at the level of society is actively underway. The positions of domestic and foreign lawyers are given (Robert von Mol and Lorentz von Stein, S. S. Alekseev, P. P. Glushchenko, O. V. Rodionova, V. G. Baeva, M. A. Reisner, B. N. Chicherin, etc.) The authors emphasize the idea that society, the state and citizens are interested in the grounded impact of the right on social processes. In the legal sphere, the general perspective is the formation of a new social concept of law. However, at present, it is not possible to ensure the personal influence of people on the processes of lawmaking and law enforcement and to overcome such a negative phenomenon as alienation from the law. The authors suggest that the main result of the functioning of an effective state as a model of a social state is the lack of citizens' need for state aid to meet their minimum needs (natural, physiological, security needs). The goal of any state model, as an organization of political power, in particular, an effective social state model, is to ensure the unity and integrity of society, implemented through the state mechanism for managing the affairs of society, sovereign public power, giving the right a universally binding value guaranteeing the rights and freedoms to citizens, law and order, where efficiency is viewed through the prism of social efficiency. When implementing it, it is necessary to take into account the readiness of the governing bodies as a system, the subjects of its management and the state apparatus for its understanding, execution and implementation of adequate time, historical and evolutionary parameters. The interaction of elements of a legal social state is considered by the authors through the prism of synergistic fluctuation processes responsible for the adaptation of the modern social policy of the legal state to new legal realities.
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