Legal regulation of state - society partnership
| Autor | Elena A. Shapkina |
| Cargo | Department of State Audit of the Higher School of State Audit, Lomonosov Moscow State University |
| Páginas | 398-421 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
398
LEGAL REGULATION OF STATE – SOCIETY PARTNERSHIP
Elena A. Shapkina1
Abstract: The importance of the present
paper lies in ensuring guarantees of
domestic stability and stepwise
development of the country, a crucial
role in which belongs to the ability of law
to effectively respond to external and
internal challenges through stimulating
evolvement of positive processes in
social and political and social and
economic life and protecting society
from the impact of negative factors. State
and society partnership is a newly
appeared phenomenon in the system of
social relations, which began to
exponentially develop under the
influence of technological (digital)
revolution; it is related to gradually
blurring the boundaries between public
and private spheres, and establishing the
whole new relations of partnership
between state and society. Hence, this
paper is aimed at identifying and
revealing the legal nature of partnership
(subject-subject) relationship between
state and society in the present-day
conditions, and developing theoretical
1 Department of State Audit of the Higher School of State Audit, Lomonosov Moscow State
University, Tel +7-916-110-07-33, Elena.shapkina@yahoo.com.
and methodological approaches and
practical opportunities for setting up an
effective constitutional and legal regime
in the mentioned sphere of social
relations. A broad and restricted
understanding of the state-society
partnership category has been
suggested.Theoretical analysis and
empirical method are the key approaches
to study the problem in question. They
allow to consider in an integrated manner
the degree, to which the problem is
examined by the leading scientists, and
some practical aspects of the stated
problem. The paper presents the results
of studying institutionalism of
partnership relationship between state
and society, contemporary conceptual
approaches and legal analysis of state-
society partnership, problems of its
categorical framework, international
experience of legal regulation of state-
society partnership. The main problems
have been identified,
classifications and viewpoints have been
suggested in the course of studying. The
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
399
paper materials are of practical value for
governmental authorities, civil society
institutions, scientists-legal experts,
whose academic interests involve
studying the problems of legal regulation
of interaction between state and society.
Keywords: state; society; partnership;
legal regulation; state-society
partnership, government control; civil
society; social relations; state authority.
1. Introduction
It is changes that occur in the
modern world, which test the stability of
sovereign political and social systems to
destruction. In such conditions, the
ability of law to effectively respond to
external and internal challenges through
stimulating evolvement of positive
processes in social and political and
social and economic life and protecting
society from the impact of negative
factors, plays an important role in
ensuring guarantees of domestic stability
and stepwise development of the
country. A new phenomenon in the
system of social relations, which began
to extremely rapidly develop under the
1 Habermas J. Strukturwandel der
Öffentlichkeit. Untersuchungen zu einer
Kategorie der bürgerlichen Gesellschaft.
influence of technological (digital)
revolution, is linked to gradually blurring
the distinction between public and
private spheres, deepening the processes
tate
1,
establishing the whole new relations of
partnership between state and society.
Intentional development of
partnership relations between state and
society to achieve social development
goals in a concerted effort serves as a
tool for prompt establishment and
effective functioning of a new model of
social relations. Nevertheless, to date,
the speed, at which social innovations
appear, and creative force is generated in
the sphere of partnership interaction
between state and society, has outpaced
the real potential for developing the
highest standard legal regulation in a
proactive manner. According to the
experience, legalization (legal
registration, juridification) of new forms
and mechanisms of state-society
partnership at the federal level is mostly
reactive, whereas the problems of
institutional design, to be resolved by
state, in present-day conditions require
Frankfurt a. M.: Suhrkamp Verlag, 1962. .
141.
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