Teisinės valstybės ir teisinės sąmonės formavimasis

Abstract

The article deals with some legal organizing problems which are bound up with the efforts of Ukraine to create the social law–based state. One of them is the long tradition of the etatism which propagated and supported the primacy of a state against an individual. The exchange of this tradition is linked with the emancipation of the society from the exhaustive regulation of the social life executed by the state, with the state‟s inclination to serve for human rights. The effective measure for this aim – the development of the self-government in the all spheres of the social life because the self-government realising human rights is the mediator between people and the state. Human rights are the main criterion determinating the progress and quality of changes of the state life in Ukraine. It is criticized that the norms for the protection of human rights which are recognized in the international agreement are in force in Ukraine if they are ratified by the legislator of Ukraine. Although the Ukrainian Constitution is directly applicable deed, it can be really applicable when the corresponding statute is passed, and the latter – when the corresponding instructions are passed. The legal unfavourable consciousness of citizens and officials is recognized as the important obstacle creating the law–based state; it embraces the legal iliteracy, legal nihilism which mixes with the legal idealism. The creation of the law–based state is the combined problem while solving it Ukraine must overcome the economic crisis, social disturbances, the fall of the traditional ideals, the growth of the criminality, the legal nihilism and the abstract, whole covering criticism of law.