DOI: 10.7256/2454-0684.2017.4.19722

Abstract: The subject of this research is the forms of interaction between the state and civil society at each stage of legal regulation of public relations, as well as conditions under which the law can be viewed as means of ensuring efficient interaction between them. The object is the public relations established between state and society in various spheres of social life. Special attention is given to the necessity of consolidation of public legislative initiative at the federal level, as well as the mechanism for its realization. For the purpose of formation of the legal foundation of interaction between state and civil society, the author suggest developing the Federal Law project “On the basis of interaction between state and society”, as well as defines the subject of legal regulation, addressees, and structural elements of the legislative bill. The scientific novelty of the conducted research consists in the theoretical legal analysis of the forms of interaction between state and civil society at each stage of legal regulation of public relations, and examination of conditions under which the law ensures efficient interaction between state and civil society. The research is based on the analysis of legislation system and socio-political practice of the Russian Federation. The author concludes that to one or another extent, the law mediates public relations in all spheres of social life, because state and society cooperate due to the unity of social nature; under such conditions, the law becomes means of ensuring interaction between state and society at each state of legal regulation of public relations. Examination of law in this regard is justified by the maturity of legal consciousness of the citizens and generally high level of legal culture, as well as establishment and improvement of the normative legal foundation of cooperation between state and civil society.

DOI: 10.7256/2409-868X.2015.6.16211

Abstract: The subject of this research is the problem of correlation between the society and government within the history of political legal thought. The author thoroughly examines the outlooks of the thinkers of Classical Antiquity, Medieval Times, Renaissance Era, and New Times upon the place of society and state within the public-political system, as well as the correlation between them. A special attention is given to the search of systemic connections between these points of view. At the same time, the author underlines the current relevance of the researched problem and determines its fundamental positions, which characterize the correspondence of the modern society with the constitutional state. Among the main conclusions are the following positions: 1) with the emergence of state, begins the civilizational stage of development of the society, therefore we should talk about the correlation between society and government since the establishment of the first states; 2) civic society represents the foundation of the constitutional state; the unity of civic society and constitutional state is a “social whole”, in the foundation of which lie their common goals; despite the solidarity in goals, contradictions and conflicts are inevitable in both cases, inside the civic society, and between civic society and constitutional state; 3) civic society and constitutional state are so-called constraint factors for each other; the developed civic society established as a result of the natural development (and not artificially created by the government) that is able to organize public relations and provide their effective realization, by its nature has to carry more importance for the society as a whole, rather than government.

DOI: 10.7256/2409-868X.2015.4.15333

Abstract: The subject of this research is the scientific perceptions on state functions. The article follows the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science. The author gives a detailed review to modern perceptions of scientists on functions of statehood, and substantiates a close link between the notion of “state function” and concepts of “essence of state”, “state goals”, “state tasks”, and “state designation”. A special attention is given to the substantiation of the need to conduct systemic research on state functions. The scientific novelty of this research consists in advancement of a hypothesis on the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science.