Modern understanding of civil society

PLAN

 

Introduction

1. The development of the concept of civil society in the history of political thought

2. Modern understanding of civil society

3 prospects for the development of civil society

Conclusion

The list of the used literature

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

We live in a country that according to the Constitution of the Republic of Kazakhstan is a legal state. But what is written in the basic law gives us no reason to assert that this is so. In my opinion, not everyone is fully aware that establishing the rule of law requires the occurrence of certain assumptions, the most important of which is the civil society, i.e. corresponding to the maturity of the traditional society. And in Kazakhstan, the company has not completely matured, to provide for conditions that meet and sell their diverse needs and interests. Our psychology is based on the fact that the state has to care about the welfare of his people. But even the most developed legal state is unable to provide its citizens with an acceptable benefit for a fully functioning society. In other words, we have to take care of their security. In Kazakhstan, in my opinion, it cannot be said that civil society has reached the highest stage in its development, and this contributes to the difficulty of the development of the rule of law in our country. Therefore, in order to solve this problem, it is necessary to improve the Russian society, and this can contribute to only ourselves. Topic “Legal state and civil society”, in my opinion, is quite pressing. During her study, I faced a number of challenges. In fact, the literature on this material in the library of the city is not enough. But find out for yourself true and correct conclusions were quite difficult. First of all, because different sources of legal state and civil society are characterized differently. Some sources mention that the legal state may not occur and function without education inside civil society. And in principle I adhere to this point of view. In other literature I had to deal with the fact that there is a distinction between the legal state and civil society. The concept of “civil society” is used in comparison with the concept of “state”. By remark Eisensee “the state exists in the form of what is opposed to “society”. “State” and “civil society” are concepts that reflect various aspects of society, opposing each other.

 

 

1. The development of the concept of civil society in the history of political thought

The concept of “civil society” is very ancient. In Aristotle, Machiavelli, Locke, Hobbes, Montesquieu, Rousseau, Kant, Hegel, Marx, Bakunin and other civil society is analyzed and described quite comprehensively, specifically and reliably. For example, several “fragments” from the works of thinkers of the past on civil society. N. Machiavelli: the Nature of the political body is to reconcile obedience (to the state) and freedoms (Association, society). Popular sovereignty is the highest in relation to the state, people have the right to overthrow absolutism Kant: Civil society is based on the following principles:   1) the freedom of every member of society2) his equality with each other as citizen3) the independence of each member of the society as a citizen. F. Hegel: Civil society and the state are separate, but interacting institutions. Civil society along with the family formed the basis of the state. In the state represented by the General will of citizens, civil society is the sphere of the special, private interests separate individuls Marx: In civil society, each individual represents a closed complex needs and there is another only insofar as they become mutually for each other means. A truly civil society can be considered such a community of people, which achieved the optimal ratio of all spheres of social life: economic, political, social and spiritual, where provided, the steady progress of society forward.

In various sources, the concept of “civil society” is presented differently. I made several definitions of this term, but the basic idea is, of course, they have one. Civil society is the existence of property in the possession of the people, developed diverse patterns, reflecting the diversity of interests of different groups and layers, developed and branched democracy;  a high level of intellectual and psychological development of its members, their ability to take initiative with involvement in one or another institution of civil society; the functioning of the state. Preference I give this definition: civil society is a society in which different nature of citizens ' associations ( parties, unions, trade unions, cooperatives, groups ) communicate between man and the state, and not allow the latter to usurp the person. That is, when there is civil society, government is only one element, coexisting with various institutions, political parties, associations . All this variety is called pluralism suggests that many organizations and institutions of a democratic society do not depend on government for their existence, legality and authority. When the existence of civil society the state is the expression of a compromise of the various forces in society. The economic basis of civil society is the right to private property. Otherwise, creates a situation where every citizen is forced to serve the state on condition that it dictates of the government. In fact, the interests of minorities in civil society can Express different social, political, cultural and other associations, groups, blocks, party. They can be both public and independent. This allows individuals to exercise their rights and responsibilities of citizens in a democratic society. Through participation in these organizations in a variety of ways you can influence political decisions. Civil society exists and functions in a contradictory unity with the state. Under a democratic regime it interacts with the state, under a totalitarian - is in passive or active opposition to the state. Signs of highly developed civil society are: the Presence of property in the possession of people (individual or collective ownership). Having developed a diverse patterns, reflecting the diversity of interests of different groups and layers, developed and branched democracy. A high level of intellectual and psychological development of its members, their ability to Amateur by inclusion in one or another institution of civil society.

Civil society includes the totality of interpersonal relationships that develop outside of and without the intervention of the States, as well as an extensive system of independent public institutions that implement daily individual and collective needs. Because everyday citizens ' interests are not equal, the extent and scope of civil society have a certain hierarchy, which can be expressed as follows. Basic human needs for food, clothing, housing, etc. which ensure the functioning of individuals, satisfy the relations of production that constitute the first level of interpersonal relationships. These needs are met through such public institutions as the professional, consumer and other unions and associations. Needs in procreation, health, parenting, spiritual development and faith, information, communication, etc. implements the complex socio-cultural relationships, including marital, religious, ethnic and other interactions. They form the second level of interpersonal relationships. The needs at this level are being addressed through such institutions as the family, Church, educational and scientific institutions, creative unions, sports associations, etc. Finally, the third highest level of interpersonal relations are political and cultural relations that contribute to the realization of the need for political participation related individual choice based on political preferences and value orientations. This level implies the readiness of individual specific political positions. Political preferences of individuals and groups are implemented using interest groups, political parties, movements, etc. In civil society developed a single complex basic, axial principles, values, orientations, which are guided the lives of all members of society, regardless of what place in the social pyramid they are not occupied. This complex, constantly evolving, constantly, that binds together the society and determines the main characteristics of both economic and political its subsystems. Economics and politics are the functions of civil society. Economic and political freedom - the manifestations of a more fundamental freedoms as a member of society, self-identity. Civil society can be thought of as a kind of social space in which people interact as independent from each other and from the state to individuals. The Foundation of civil society - civilized, Amateur, full individual, so, naturally, that the essence and quality of a society depends on the quality of its constituent individuals. The formation of civil society is inextricably linked with the formation of the idea of individual freedom. The emergence of civil society led to the differentiation of human rights and the rights of the citizen. Human rights are the civil society, and the rights of the citizen - state. In both cases we are talking about individual rights, but if in the first case, referring to her rights as an individual human existence to life, liberty, pursuit of happiness and so on, in the second case of its political rights. Obviously, as the most important conditions for the existence of both civil society and the rights of state is the person with the right to self-realization. It is approved through the recognition of individual rights, personal freedom of every person.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Modern understanding of civil society

Some sources revealed that the main features of civil society are:

- the most complete security of the rights and freedoms of man and citizen;

-self – governance;

- competition of its component structures and different groups of people;

- freely evolving public opinion and pluralism;

- global awareness and practical implementation of the human right to information;

- the ability to live in a civil society based on the principle of coordination. Unlike the state apparatus, which is built on the basis of the principle of subordination, i.e. a system of strict subordination “Junior senior”. The existence of civil society is based on certain rational standards, to maintain and ensure actions are specially created institutions and mechanisms are not known traditional society. Apparently, we can say that civil society occurs on a certain basis, which is constructed from a material not known traditional society, although some of its components can be produced in the conditions of this society. In turn, civil society strives to ensure that each independently have decided to choose life goals and values. But at the same time, achieving this goal, in civil society is not always possible to reach agreement among themselves, to avoid conflict, because most of us want basically the same, “but for myself and achieve our goals.” However, civil society seeks to protect people from all kinds of collisions, thereby avoiding conflicts. All this gradually leads to the separation, as a value in society, civil rights and liberties of each individual, in particular we are talking about such rights as the right to life, personal integrity, for free expression of their thoughts, on private property, the right to freedom of Association in unions, party. It has already been mentioned that the society is not specially created, it occurs on a certain basis, but in turn cannot be overlooked is the fact that some of the institutions of civil society are in the best interests of the society as a whole, the public for public use and benefit, for the public expediency. Based on the foregoing, it is possible to add to the above features of civil society following:- the emergence of civil society on specific grounds, including that some of the institutions of civil society are in the best interests of the society and the state to streamline.

Despite began in 1985 transformations, the problem of the formation of the preconditions of civil society are solved slowly. The redistribution of property through privatization has not led, as expected, to the creation of numerous middle class. Ownership of the majority of although and has ceased to be public, however, remained in the hands of the representatives of the former class as private property. Economic policy of the state not yet stimulates the formation of prerequisites for increasing the size of the middle class. Occurred depreciation cash deposits, relatively high inflation, strong fiscal process, limiting entrepreneurial activity and the absence of private ownership of land is not allowed to make serious investments in production, the land was not conducive to the formation of the Mature citizen with inalienable rights and responsibilities. On the way of formation of civil society in Kazakhstan currently has a number of difficulties, and above all sustainable stereotypes, values, formed the Communist regime, which reject many of the economic, social and cultural preconditions of civil society. A significant part (if not most) of the population cause psychological discomfort such fundamental, core values on which civil society, private property, economic and social inequality, competition, and lack many social guarantees, which were before. Due to known errors and miscalculations reformers implementation of these universal values in the consciousness of Kazakhstan citizens is carried out under a constant fall in the living standards of the majority. This determines his reaction to the rejection critical values - competition, democracy, market. A significant impact on the formation of civil society imposes forced nature of the civil process of modernization, when in a short time simultaneously solve the tasks inherited from historically different stages. The changing financial situation of different groups leads to too rapid and radical transformation of the old social structure. This circumstance generates conflict States with different professional and social groups, which finds its expression in the mass strikes, strikes, pickets, hunger strikes. Complicates the process of crystallization of the Autonomous personality and the fact that the establishment of market relations and the transition from totalitarianism to democracy coincided with the processes of national self-determination of ethnic groups and social stratification on the basis of property relations. The coincidence of these trends makes the process of formation of civil society unstable and even some return. Because in real life controversial intertwine different, sometimes opposite to the orientation of the interests and needs of social groups, which reduces the possibility of the processes of formation of normal economic, social, national and other interests. The most negative consequences of reducing the regulatory functions of the state is the formation of a substantial gap in the income of a small group of people and the majority of the poor population. In these circumstances, the state is still much to do, so it can become a guarantor of the progressivity of the process of formation of civil society, to create a reliable legal, economic, political and cultural preconditions for self-realization of individuals and groups, to meet their daily needs. The state should, in practice, increasingly taking on the characteristics of the legal state. It is obvious that the process of formation of civil society will have a natural pace that would be impossible to accelerate any boost. As a Mature citizen begins with a developed consciousness arising from individual began personality. It could be promoted primarily by the efforts of the personality, its aspiration for continuous self-improvement.

 

 

 

 

 

 

 

 

3 prospects for the development of civil society

The nature of the relationship between the state and the individual is a key indicator of the state of society in General, goals and prospects of its development. It is impossible to understand modern society and the modern man without studying the diverse relations of the people with the state. Personality is individually defined set of socially significant attributes of man, manifested in the relations between people. The concept of personality, personal characteristics of the individual organically connected with the society, its features. The society is a historically developing system of relations between people, the product of human interaction in the process of their joint activity. Society and the individual are mutually determining each other phenomena that exist only in an indissoluble unity. The state is not only organized in a special way the kind of people who regularly engaged in the management and enforcement. The state is also the inner workings of a society, a special kind of human organization as a whole, providing territorial, legal and political unity of the population. A citizen is a person in its relation to the state and the law. Quality citizen become an important feature characterizing the person's position in society. State citizenship is a legal and moral-political basis for the individual to perform the duties of a citizen, to enjoy rights and freedoms established by the state for its citizens. Thus, the legal state is the unit of society in which law as statutory and implemented justice takes precedence over state law takes precedence over all other regulations, published in his performance, there is a separation of powers among the Executive, judicial and legislative ( with some last rule); the high court's role, including constitutional, in solving the most important problems of economic and political nature; in there is a mutual equal responsibility of the citizen and the state, supported by appropriate regulatory framework.

 

 

 

CONCLUSION

Real democratic transformation in the law began with the second half of the 80-ies in the perestroika years, especially after the defeat of the August (2001). putsch. Received the General recognition of the principle of "rule of law", were cancelled repressive, other reactionary institutions and provisions began to develop democratic legislation, the justice system (created Constitutional court of the Russian Federation, the Supreme arbitration court of the Russian Federation). In October 2001. The Supreme Council of the Russian Federation approved the concept of judicial reform, which is aimed at the approval of the judiciary in the state mechanism as an independent influential forces, independent from the legislative and Executive authorities. Adopted by the Supreme Soviet of the Russian Federation in 2001. The Declaration of the rights and freedoms of man and citizen, comes from the fact that the state recognizes the priority of the rights and freedoms that the observance and protection of rights and freedoms, honor and dignity of the person is the main duty of the government. The process of formation of legal state involves the creation of a system of political, legal and other safeguards that would ensure the reality of these constitutional provisions, the equality of all before the law and the court, the mutual responsibility of the state and the individual. As one of the major problems associated with the formation of a legal state, it is necessary to consider the development and improvement of legislation, the creation of a new substantive legal system. Recently enacted many statutes, creating the basis for further development of our country as a democratic, legal. For many decades in our country acted one-party system, which excluded the possibility of creating and functioning of the legal opposition parties. Official state ideology was Marxism-Leninism. The modern democratic state of law presupposes a developed civil society, which interact with various public organizations, political parties, in which no ideology can be established as the official state ideology. Political life in a state of law based on ideological, political diversity (pluralism), a multi-party system. So one of the ways of formation of legal state, one focus of this work is the development of civil society, acting an important link between the individual and the state, which implements a large part of the rights and freedom of the person; adoption of the principles of political pluralism. The key factors affecting much of the success of many transformations in public and political life of our society is the level of political and legal culture in society. Need to get rid of the legal nihilism, which is especially clearly manifested in recent times, not only citizens, but also among representatives of the state apparatus. Respect for and observance of the Constitution all members, all officers - an essential feature of a democratic state. Now on the territory of the USSR disintegrated, there are complex processes in the development of state and law - formation of new independent States" the state and legal systems that meet the requirements of modern civil society. This development is all the more complicated due to the fact that society is experiencing a severe economic and social crisis significantly affecting the quality of life and dramatically illustrating the negative consequences that gave rise to totalitarian system over many decades of his rule. Severe regularity, and can be tragic inevitability that human nature and social life is still far from perfect. Realistic not to dream about the complete eradication of evil, and to seek to limit. Including by creating a legal society. Moreover, it is possible it perfect? Of course not, because that is the nature of man.

 

 

 

 

 

 

 

 

The list of the used literature

1. Lazarev V.V., "General theory of law and state" S.43-44 Moscow 2007.

2. Khropanyuk NR. "Theory of state and law" P.75 Moscow 2005

3. Mr. Bekzhanov C. "Legal state" Almaty 2008 P.21.

4. Livshits R.Z. "Modern theory of law" P.34-36 Moscow 2008

5. Zhanabilov E. "Independence and the law" Almaty 2008. P.75

6. Marchenko M.N. "Theory of state and law" S Moscow 2005

7. Gross E. "Politics, history, and law 2008, P.32

8. The Constitution Of The Republic Of Kazakhstan

9. Atalkin. A.S. General theory of law" C. 76-78 Moscow 2006.

10. Ryskeldy. P. "All are equal before the law" Almaty 2009.

11. "Constitutional law of the Republic of Kazakhstan" Sapargaliev, Almaty 2008

12. "Declaration of the rights and freedoms of man and citizen" 1948