Anna Koval
student of Yaroslav the
Wise National Law Academy of Ukraine
Law and Politics
The
question of the relationship
between law and politics of any advanced
state occupied minds of great
lawyers, politicians and statesmen of
any age and has
got pretty much importance
in research in the field of law and political science.
First
of all, it is necessary to stress that
law cannot exist without politics as well as policy cannot exist without law, because one breeds another. And a
matter of debate throughout many centuries is the question of the primacy of one of these institutions: or right arises primarily and it is based on politics,
or politics generates the right, adjusting it for itself.
The
eminent philosopher and
public figure of the Enlightenment Dzh.Lokk said that the
state was created in order to
guarantee person’s natural rights and laws. Philosophers of
the Antiquity (Socrates, Plato, Aristotle) believed that
the government, which recognized the right and at the same time was limited by it, was
a just authority.
In
modern practice, the
main distinction between politics and law stems from the fact that the law is, first of all, the body of laws,
ordinances, regulations, when policy is the strategy
and activity of the people and their
organizations, the impact of the power structures
on the society by not only legal tools but sometimes even illegal ones.
Another
difference between the policy
and law we can see in the fact that the
rules of law are pretty definite and "stable" when the policy is more variable and unstable, states A.
Cherdantsev.
Recall
the axiom of the
Marxism: "Politics – is a
concentrating expression of economics and law - a
concentrating expression of politics." This ratio is acceptable for totalitarian
regimes that arise when political standards have no legal support, where the law is not a limitation of political power, where
the natural rights of man do not act as
the objective of the policy.
Speaking
of modern Ukraine, we can see that Article 1 of the Constitution of Ukraine
which indicates Ukrainian legal and
democratic regime is currently not fully implemented. Why does it happen? Many people according to their own beliefs think that the politicians adopt laws for
themselves and govern public relations with illegal methods. In some cases politicians forget that the main source of power is the
Ukrainian society. That is why the law must serve for the public good fulfilling our needs
and interests, but not as a method of
the power usurpation.
The
unity of law and policy,
government of public relations on the
basis of law, improvement of the
legal culture of the society and trust
in law enforcement bodies, equality
of all people before the law, political standards
that have a legal basis and which
are limited by the law - here is the successful development of any country.
An
important condition for the
democratic development of modern Ukraine and
improvement of the level of legality in the country is its compliance with the
rules of the Constitution and other laws,
international law, implementation of the "letter
and spirit" of these documents
in political practice.
Only
that policy, which is based on law, will be truly intelligent,
stabilizing and unifying the society.
Outside of law and morality there
is no place for humanistic and democratic politics. The ideal is a legal, moral policy.
And we, Ukrainians, should make
every effort to promote higher standards of legality in our country changing
Ukraine for the better, more democratic
side. Finally, none of us wants to live in a backward country, do we?