CONCEPT OF CIVIL SOCIETY IN THE DIALECTIC OF LAW, TENDENCY OF ITS DEVELOPMENT AND TRANSFORMATION

Abstract

The article explores the concept of modern civil society from the standpoint of
analyzing theoretical and legal models. The category of the concept is not a formal
definition of civil society, but is an element of the system of dialectical logic. Having
studied the formation and development of civil society in the dialectic concept, one can get
to know the essence of not only the theoretical definition of civil society, but also the
phenomenon itself, its immediate formation at the present stage. In the process of defining
civil society, it is not necessary to proceed only from an abstract view of modern society
with formally fixed rights, duties, and opportunities of the state and its individuals as
single representatives of the system of modern society. Based on the provisions of formal
logic, the author analyzes the actual law of emergence, development of society, the state
and the whole concept of civil society, which in turn is revealed through a social space
independent of the state and designed to control its activities with the help of public
organizations, institutions, associations, as well as aimed at the realization and ensuring
the totality of human and civil rights and freedoms. The authors underline that the
important conclusion is that the full, systemic and efficient functioning of the state
apparatus is possible only under the condition of the existence of a developed modern civil
society, oriented to the realization of the rights, opportunities and abilities of each of its
members, regardless of any affiliation or status.