STATE-LEGAL REGIME AS AN ASPECT OF THE LEGITIMACY OF AUTHORITY
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)Publication Date: 2024-06-30
Authors : Oleinykov Serhii;
Page : 119-125
Keywords : state power; state-legal regime; political regime; legitimacy of power;
Abstract
Introduction. The problem of modern societies marked by the destruction of the legitimacy of political regimes, specific in terms of recognition of the basis for the formation and forms of implementation of institutions of power, its legal restrictions and the implementation of its constitutional duties. The functioning of a democratic state is unacceptable outside the legal organization of its institutions, which deformed by authoritarian rule, but must preserve the systemic integrity of power and society. The legal foundations of the state regime indicate the ability of power institutions to function within the framework of constitutional and international standards of government that preserve the legitimacy of power. The category of the state-legal regime highlights not only the methods and means of activity of the authorities, but also the effectiveness of their duties to protect human rights and freedoms. Internal and external factors act on the legitimacy of power, neglecting which it is difficult to determine its level, to find out negative shadow public opinion, a crisis of confidence in power. There is no power that not influenced by the legitimation factors that constitute the nature of state power. The nature of the legitimacy of power determined by its political regimes. Legitimacy is a common category of political science and state studies. All other concepts of the state-legal regime are powers, competence, means and resources of power in a certain sense derived from it, logical subordinate to it and dependent on it in essence. Purpose. The purpose of the study is to justify the legitimacy of public power in connection with the existence of a statelegal regime as the main form of legitimation of a political regime that has a legal nature as the basis of legitimacy, illustrations of the genesis of the political regime in connection with the factors of legitimization of power, coverage of the elements of the state-legal regime and its main functions. Materials and methods. The materials of the study are 1) legal mediation and certainty of organizational forms and activities of public authorities. 2) the study of domestic and foreign authors in the field of functioning of institutions of public power and the state, as political and legal phenomena of society, the parameters of their legitimacy under the conditions of political regimes, as well as the study of the functionality of legitimate political regimes under the conditions of democratic transit of states. Methods used: systemic, structural and functional, which made it possible to explore the state-legal regime and elements of legitimacy as a systemic phenomenon; method of analysis of legal and political concepts; method of factor analysis, which allows studying the factors of influence on the content and elements of the political (state-legal regime) and their dynamics.
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