приватна власність

Ukraine is a democratic state governed by the rule of law, that is, one whose legislation should maximally respect the fundamental rights and freedoms of a person and a citizen. In any time, and especially as difficult as now, it is important to have effective functioning of all possible ways to protect and implement these fundamental rights. It is important in our time to observe the right to a fair trial. Yes, many cases are resolved in court, but recently cases about the distribution of property have become widespread.

The article analyzes the theoretical and methodological foundations of the formation of the legal category “civil society”. Civil society as a philosophical and legal category is explored in two dimensions: phenomenal (practical) and abstract-conceptual. In the phenomenal  context, the category is regarded as a characteristic phenomenon of the modern society, which is a living substance, which by its very nature is inflexible and in a state of permanent development.

The article identifies the main approaches to understanding civil society as a philosophical and legal category, which allowed to show pluralism of this definition. The author analyzes the conceptual foundations of civil society in the history of philosophical and  legal discourse. It is substantiated that the invariant content of the concept of civil society remained the ideas of freedom, equality, justice, social values and virtues. It is emphasized that modern civil society is a guarantee of democratization and needs proper legal support in the context of globalization challenges.