The concepts of civil society and the rule of law are interconnected. This article will address the issues of terminology, structure and principles of the phenomena under consideration, their relationship and problems, signs and stages of formation.
Civil society: concept
It represents a complex of relations arising in a family between individual individuals. Interactions are cultural, religious, socio-economic, developing without government intervention. With such relations, conditions are formed that contribute to the self-realization of man and society as a whole.
There is interdependence between the rule of law state and civil society. However, to determine it, it is necessary to find out what they are. The most common definition of civil society is discussed above. Different researchers have different approaches to this concept.
By it can mean ownership of property by specific people or their group. Also, civil society is understood as such a structure of the latter, in which the interests of various layers and groups are taken into account, while in the country there is a developed democracy as a system.
Also, it can be understood as a highly developed society with its members who are capable of independent activity. One of the definitions implies the activity of civil society in a rule of law state.
Civil Society: Structure
The first level of relationship between individuals is constituted by the basic needs of people necessary to ensure their livelihoods. Their implementation is carried out through various associations and associations.
The second level is a complex of socio-cultural needs, which include such needs as procreation, spiritual development, obtaining information and others. This totality is implemented using civil society institutions, including the family, church and other religious institutions, creative unions, scientific and educational organizations, etc.
The last, highest level of relations that develops between individuals is political and cultural. On it, each person should have their own political view and position. People with similar views are united in relevant movements and parties.
Key Features of Civil Society
They include:
- the maximum possible guarantee of the rights and freedoms of the individual;
- self-government;
- rivalry between different structures and groups of people;
- the existence of pluralism of opinions, which contributes to the free formation of public opinion;
- the right of everyone to information;
- life in such a society should be supported by the creation of new institutions and institutions that are not accessible to a traditional society;
- domination of the middle class.
Moreover, there should be no conflict between members of the formation in question.
The concept of the rule of law
As can be seen from this term, it consists of two parts: “state” and “law”. We study civil society and the rule of law in social science. It adopted the following definition for the latter: “a democratic state dominated by law, everyone is equal before it and before the court, each person is guaranteed rights and freedoms and there is a separation of the various branches of government”.
Thus, in such a state, each individual can take part in its management. And this, in turn, is achievable with a developed civil society. This implies the need for coordination of these two phenomena.
So, we examined the concept of power as a rule of law state and civil society.
The main features of the state with the priority of law
As already mentioned, civil society and the rule of law are in close interaction. In this regard, some of the considered features can characterize both one and the other education.
For the rule of law, the following symptoms are characteristic:
- law supremacy;
- independence of different branches of government;
- ensuring the rights of the individual and the realization of the possibility of his free development;
- the responsibility of the individual and the state is mutual.
Thus, the signs of the rule of law and civil society coincide in the following: ensuring the rights and freedoms of each individual person, the right of everyone to get into government. In this case, it is necessary to observe responsibility between all members of society. That is, it is assumed that there is interaction between political power, the rule of law state and civil society.
The principles of the state in question
These include:
- priority of law;
- security in terms of the law of each individual;
- unity of law and law - it is understood that each legal act must contain legal principles, be harmonized with international acts of this kind and adopted by legitimate bodies endowed with such powers;
- differentiation of activities of different branches of state power.
The functions of the rule of law
It is characterized by the following:
- economic - it should be reduced to the fact that the state should regulate a multistructure economy and market relations, creating most-favored-nation regimes for socially significant products, lowering interest rates for business entities manufacturing such goods, and some other measures;
- law enforcement - its essence lies in the fact that public order is maintained, the rights and freedoms of the individual are respected, while law enforcement agencies must remain within their powers;
- social - it boils down to the fact that, despite the fact that the bulk of the needs should be met through entrepreneurial activity, nature protection, health, education and some other global needs should be provided by the state.
At the same time, its legal variety should also include public-private systems that are mixed.
The relationship between civil society and the rule of law
Society itself is older than the state, but it was its civilian variety that was formed only in the 17th century. It was formed in the developed capitalist countries, in which relations between individuals were built on the basis of private property and entrepreneurship, carried out in free form. Already at that time, the equality of the rights and freedoms of individuals was recognized.
The correlation of civil society and the rule of law lies in the fact that the functioning of representative bodies of state power is limited by the activities of political movements and parties. With a developed civil society, the state is focused on the implementation of healthcare management, economic and social activities, and education. Moreover, it does not exercise total control over the economy, intervening only as necessary when various disputes arise. In civil society, social legislation should be further developed and the scope of public law expanded.
Thus, the formation of the rule of law and civil society should be accompanied by the formation of democratic processes. The state should be legal and social, self-governing, with elected posts of managers. State activity should be public, and officials should be responsible for their misconduct and crimes before the court on the same grounds as other citizens of the country.
So, the correlation of the rule of law and civil society should be such that citizens contribute to the formation of the first of the formations in question, and the state respects, guarantees and ensures the rights, interests and freedoms of individuals and various groups.
Historical excursion
The problems of the rule of law and civil society were considered by many researchers at the turn of the XIX-XX centuries. Domestic experts put at the center the problem of personality, human rights and freedoms, an assessment of state power and the laws that it adopts from a moral standpoint.
One of the thinkers of that period who developed these ideas was N. A. Berdyaev, who believed that the interests of the state and the individual should be in harmony, and the guarantee of the rights and freedoms of the individual should be the main condition for the existence of a legal state.
Civil society and the rule of law in Russia developed with an emphasis on the latter. Even today, many of our citizens are convinced that we lack a strong state.
Legal statehood began to form under Alexander II, who abolished serfdom, carried out judicial reform, created the bar and prosecutor's office, carried out zemstvo, educational, military and financial reforms. The February Revolution of 1917 contributed to the creation of a multi-party system, the establishment of the rights and freedoms of the individual, the formation of the foundations of civil society and the rule of law. But this process was interrupted by the revolution completed by the Bolsheviks at the end of 1917.
Totalitarianism began to be established in the country. Pluralism disappears from everyday life, various interests of population groups go into oblivion. In civil society, the state is simply obliged to be legal and social. Moreover, under a totalitarian system, the state considers itself a society, as a result of which the social functions inherent in the latter are lost.
Thus, the individuality in this system disappears. The times of communism in our country led to the fact that all ordinary members of society were equal before the state. Only in the ruling circles did rivalry persist. This situation is in many respects typical of today's times.
Those parties, political movements that are represented in our country are quite marginalized, they are more like clubs of like-minded people than mass political organizations, which causes political and social apathy among the majority of the population.
Formation of the rule of law and civil society in Russia
This process was initiated by the adoption of the Constitution in December 1992. It enshrines universally recognized norms, as well as principles from the sphere of international law, which make up a certain part of the system of law of our state. They are declared the highest value belonging to individuals from the moment of birth. The procedure for depriving a person of his liberty is prescribed here; it is forbidden to take measures related to arbitrariness in relation to a specific person.
The Constitution proclaims personal integrity and the right to freedom of every individual. The development of the rule of law and civil society can be carried out on the basis of a strong multistructure economy.
The constitution guarantees the use of an individual’s personal abilities in any unlawful economic activity. This document enshrines the equality of the rights and freedoms of individuals in the country. Separately stipulate those of them that relate to the judicial.
Civil rights and freedoms, which are prescribed in the Constitution, were further developed in the Civil Code. The prevalence of law in the rule of law and civil society (its creation) are the main tasks in the transition from a totalitarian state to a democratic one. Its significance is due to the fact that without its creation creative and civic activity of the individual is impossible.
Priority areas of civil society education in our state:
- pluralism of ownership, free market, open social structure of society;
- the creation of single communities in which individuals and social groups with similar interests are united;
- the formation of the main institutions of civil society and the provision in them of an environment in which the creative potentials of the individual could unfold;
- establishing relationships between various social groups and communities;
- the creation of various prerequisites in order to assist in the self-realization of individuals;
- the formation of self-government and social self-regulation mechanisms and its deployment at various levels of society.
Currently, not all elements of civil society and the rule of law in Russia are built. Unions must become those that truly defend the rights of workers. Full-fledged business unions should be created. With the liberation of society, new interests will appear, which will lead to the creation of a democratic state with all the signs of a legal one.
In modern Russia, civil society is only being formed. Many of the institutions that are created to make it function are actually quasi-civilian. All this must be overcome, otherwise the relationship between civil society and the rule of law in Russia will never be achieved.
Problems of the considered phenomena in modern Russia
For our country, the formation of the concepts under consideration is a fairly new phenomenon, in connection with which there are certain problems of the formation of civil society and the rule of law.
We list them:
- novelty itself, which can give rise to various errors;
- the uneven development of the regions of Russia in cultural and socio-economic development;
- despite the fact that from time to time there are ideas that are presented as national, today there is no real such idea in our society, therefore, the nation should be consolidated to develop it;
- it’s quite difficult to abandon the value system that was formed in the socialist past.
These stereotypes do not allow to overcome the problems of the rule of law and civil society in Russia. Despite the fact that the Constitution, the Civil Code, and other regulatory acts that have been described earlier are in force in the Russian Federation, today there are no:
- formed civilian structure;
- existing legal protection is inadequate;
- the middle class in Russia is poorly developed and does not represent the dominant layer;
- cultural values are poorly expressed and insufficiently rooted in the modern generation;
- the civil society institutions in the country do not exert the influence on the authorities that are expected of them.
Places to familiarize yourself with the concepts in question
In order to get acquainted with the objects that were considered in this article in the form of theses, it is not at all necessary to read the extensive works written by researchers on the problems under consideration. In many cases, it is enough to familiarize yourself with presentations on civil society and the rule of law. They can also be used in the educational process, finalizing in accordance with your requirements. They can be found on the Internet.
In some of them, you can familiarize yourself with the lesson on the plan "Civil Society and the rule of law", which will reveal if you need this presentation, for example.
Finally
Briefly describe civil society and the rule of law as follows:
- the latter is such a form of organization of state power activity in which all members of the society are respectful of the law and are in equal relation to it;
- the first can be described as a combination of social relations, various groups and collectives that unite according to different interests in order to satisfy their basic needs in relation to individuals and groups.
- if there is no mature civil society, then it is impossible to create a rule-of-law state with a democratic style of government, since only free citizens, who are the backbone of civil society, have the potential to contribute to the formation of a state with a similar status.
All this determines the need for the formation of civil society and the rule of law.