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THEORETICAL AND METHODOLOGICAL BASIS OF THE PHILOSOPHICAL AND LEGAL DEFINITIONS OF “STATE” AND “STATEMENT” AS COMPONENTS OF STATE-LEGAL EFFECT

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 80)

Publication Date:

Authors : ;

Page : 134-140

Keywords : state; statehood; state formation; national state; national statehood; Ukrainian state formation;

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Abstract

It is proved that the definitions of “state” and “statehood” as philosophical categories are concepts of different dimensions of state-legal reality. The understanding of statehood as a manifestation of the socio-historical rootedness of the “state” in the being of society is emphasized. Emphasis is placed on the national-spiritual nature and national-cultural orientation of statehood, on its comparability with nation-genesis. The thesis that the statehood of the people either ends with the emergence of a sovereign state, or indicates the incompleteness of the process of its development, is argued. The equivalence of the concepts “statehood” and “state-building” is justified. The theoretical and methodological basis of the concepts of “state” and “statehood” as components of state-legal reality is analyzed. Introduction. The relevance of the researched issues is due to the need to understand the peculiarities of the emergence and development of the state in Ukraine as a systemic phenomenon, the essential features of which reflect the concepts of “state”, “statehood” and “state formation”. Understanding these definitions is important for understanding the historical and legal features of Ukraine's past and evaluating the logic of the development of modern political and social processes in the state. Hence, the purpose of the article, the methodological basis of which is the dialectical method of learning socio-political and legal phenomena and processes, is to draw attention to the problem of the state and, most importantly, statehood as scientific categories in the context of Ukrainian state formation; to trace the main approaches to understanding the defined concepts existing in the theory of the state and law and to express an attitude towards them; determine the semantic connection between the concepts of “state”, “statehood” and “state formation”; outline the essence of the phenomenon of the national state and Ukrainian / national statehood. Purpose. The purpose of the study is to reveal the theoretical and methodological basis of the philosophical and legal definitions of “state” and “statehood” in the context of state-legal reality. To investigate the problems of the state and statehood as philosophical and legal concepts in the aspect of Ukrainian state formation. To analyze the conceptual approaches of the theory of the state and law to reveal the philosophical and legal nature of the studied concepts “state” and “statehood”. Materials and methods. The object of the study is the theoretical and methodological base of the concepts “state” and “statehood”, which was analyzed on the basis of various concepts, conclusions of philosophers and lawyers to reveal the essence of these concepts in a philosophical and legal aspect.

Last modified: 2024-12-18 05:34:38