Mudryievska L.
PhD in Philosophy, Phd in Juridical Sciences, Associate Professor, Oles
Honchar Dnipro National University
Chukaieva V.
PhD in History, Associate Professor, Oles Honchar Dnipro National University
THE DEVELOPMENT OF THE THEORY OF HUMAN RIGHTS
AND THEIR ROLE IN THE BUILDING OF THE CIVIL SOCIETY
OF MODERN UKRAINE
Introduction. The restoration of the modern theory of human rights is closely
linked to the positivist legal paradigm, the formation of which occurred in the middle
of the nineteenth century. It has formed the basis of an understanding of nature, the
varieties of human rights and citizen. And they, in turn, are the main pledge of building
a civil society with a high level of respect for a single individual. The degree of
realization of rights and freedoms is crucial for the existence of a lawful state, which
cannot be regarded as such until civil society is formed.
The concept of civil society is the product of the liberal outlook of such
philosophers of law as Dzh. Lokk, Sh.-L. Montesie [11, p.77-78]. The basic idea of
this concept is the priority of human life in comparison with the managerial influence
on it. Also these authors determined that society should be the subject of influence on
the state, and those who have power - to ensure the rights and freedoms of members of
this society. The issue of the measure of state interference in the life of civil society
still remains the predominant subject of scientific, ideological and political doctrines
and controversies, competitions and revolutions [10].
Now in the post-Soviet society there is a reappraisal of former views, ideas. On
the one hand, the belief in the possibility of rapid construction of a legal social state,
the creation of an effective legal system capable of protecting a person from the tyranny
and lawlessness of a bureaucratic apparatus, on the other hand, has a very large
influence on the ideology of an underdeveloped, "savage" market. At the same time it
is clear that for the construction of civil society it is necessary to develop the individual
legal consciousness, the individual's ability to comprehend the role of law, the
cultivation of independent actions and self-regulation, based on the legal culture. It
should be noted that the crisis of legal conscience is largely due to the situation in the
legal sphere, a significant gap between constitutional norms and real relations, the lack
of a clear and successful functioning law-making process, the system of objective
criteria for assessing the effectiveness of modern Ukrainian legislation, the activities
of state agencies and officials.
Also the most important condition for the formation of civil society and the rule
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