Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.39 N° 71
2021
Recibido el 14/08/2021 Aceptado el 22/11/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 71 (2021), 108-125
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Aspects of Expanding the Interaction
between the State and Civil Society
DOI: https://doi.org/10.46398/cuestpol.3971.05
Olena I. Kravchenko *
Oksana S. Dudchenko **
Iryna S. Kunenko ***
Oleksandr Spodynskyi ****
Oksana V. Deliia *****
Abstract
The aim of this study was a holistic analysis of aspects of
expanding the interaction between the state and civil society
on the example of the experience of foreign countries, namely
Austria, Belgium, France, Italy, and Poland. The research
involves such methods as sociological analysis, systemic and case
study methods, structural and comparative methods, as well as
the dialectical method. The factors of expanding the interaction of
the judiciary as a representative of the state, which protects the rights and
interests of civil society, were identied in accordance with the results of
the study. As a result, conclusions were drawn on the need for the judiciary,
as a representative of the state, to use methods to expand the interaction
between the state and society, in the person of every citizen. The use of
those factors in relation to such interaction will further help increase public
condence in the state, which will ensure eective protection of the rights
and interests of society.
Keywords: Human rights; interaction of the state; judicial authorities;
justice; protection of rights.
* Doctor of Pedagogy, Professor, Department of Public Service and Management of Educational and
Social Institutions, Educational and Research Institute of Public Management, Administration and
Postgraduate Education, Luhansk Taras Shevchenko National University, 92703, Starobilsk, Ukraine.
ORCID ID: https://orcid.org/0000-0002-7955-3542
** PhD In Law, Associate Professor, Department of Political Science, Law and Philosophy Nizhyn Mykola
Gogol State University, 16600, Nizhyn, Ukraine. ORCID ID: https://orcid.org/0000-0002-3537-2694
*** PhD in Law, Associate Professor, Department of General Legal Disciplines, Civil Law and Legal
Provision of Tourism. Faculty of Law, Kyiv University of Tourism, Economics and Law, 02192, Kyiv,
Ukraine. ORCID ID: https://orcid.org/0000-0003-1919-9198
**** PhD in Law, Lecturer, Department of Administrative Law and Administrative Process Faculty No. 3,
Institute for the Training Specialists for National Police of the Lviv State University of Internal Aairs,
79007, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-7583-8033
***** PhD in History, Director of the Poltava Applied Cooperative College, 36000, Poltava, Ukraine.
ORCID ID: https://orcid.org/0000-0001-9806-5328
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Aspectos de la Ampliación de la Interacción entre el
Estado y la Sociedad Civil
Resumen
El objetivo de este estudio fue un análisis holístico de los aspectos de
la expansión de la interacción entre el Estado y la sociedad civil sobre
el ejemplo de la experiencia de varios países a saber: Austria, Bélgica,
Francia, Italia y Polonia. La investigación involucra métodos tales como
análisis sociológico, métodos sistémicos y de estudio de casos, métodos
estructurales y comparativos, así como el método dialéctico. Los factores
de ampliación de la interacción del Poder Judicial como representante del
Estado, que protege los derechos e intereses de la sociedad civil, fueron
identicados de acuerdo con los resultados del estudio. Como resultado, se
extrajeron conclusiones sobre la necesidad de que el Poder Judicial, como
representante del Estado, utilice métodos para ampliar la interacción entre
el Estado y la sociedad, en la persona de cada ciudadano. El uso de esos
factores en relación con dicha interacción contribuirá aún más a aumentar
la conanza pública en el Estado, lo que garantizará la protección efectiva
de los derechos e intereses de la sociedad en general.
Palabras clave: derechos humanos; interacción del estado; autoridades
judiciales; justicia; protección de derechos.
Introduction
The problems of expanding aspects of the interaction between the state
and civil society are directly related to public administration, namely the
judiciary, which creates one of the fundamental paradigms of the national
science of public administration.
Analysis of current research of European scholars shows that the science
of public administration by judicial authorities in advanced European
countries focuses on studying current trends in the national civil service, in
particular, their (judicial authorities) joint work with society, peculiarities
and unique features, assessing the prospects of European universal models
for expanding the civil service of the judicial authorities, which could bring
civil society closer to the state as the most important prospect for future
public administration.
As of 2021, Ukraine is at the stage of developing an eective expansion
of interaction between the state and society, which would clearly regulate
the activities of the judiciary and be able to guarantee the protection of the
rights and interests of every citizen.
110 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
The object of the study is the social relations that have developed in the
process of expanding the interaction between the state and civil society.
The subject of the study is the interaction of the judicial authorities, as a
representative of the state, with society.
So, the main objectives include:
− analysis of the interaction of the judicial authorities, as a
representative of the state, with society, as well as the practice of
expanding the powers of the judiciary for the eective protection of
the rights of civil society as a whole.
− determining the level of eectiveness of laws and regulations to
expand the interaction of the state, represented by the judicial
authorities and civil society in foreign countries.
The term “human rights” has been mentioned seven times in the United
Nations Charter, which makes the promotion and protection of human
rights a key goal and guiding principle of the Organization (United Nations,
1945).
The Universal Declaration of Human Rights introduced by the United
Nations (1948) laid down the principles that brought human rights into
the realm of international law. Since then, the Organization has diligently
protected human rights through legal instruments and eld measures.
Besides, the International Covenant on Economic, Social and Cultural
Rights the International Covenant on Civil and Political Rights (United
Nations, 1976a, b), both entered into force in 1976 and are the main legally
binding instruments for the global protection of citizens’ rights by the
judicial authorities.
It should also be added that the Convention on the Rights of the Child
(United Nations, 1990) recognizes that children also have human rights
and that they need special protection to ensure their full development,
survival, and best interests.
Therefore, in order to expand cooperation between the judiciary and
the public interest as a protection of their civil rights, it is necessary to
comprehensively analyse the current stage of communication between the
state and society as a whole.
It is important to add that there was a need to regulate the protection of
human rights through the adoption of new legislation during the Covid-19
period. These include the Statement on human rights considerations relevant
to the COVID-19 pandemic, issued by the Committee on Bioethics of the
Council of Europe (2020), which places a fundamental requirement on the
judiciary to respect human dignity and protect human rights. In addition,
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in the context of a pandemic, the Council of Europe Convention on Human
Rights and Biomedicine (Council of Europe, 1997) became relevant as a
binding international legal instrument concerning the protection of human
rights in the eld of biomedicine. It provides a unique framework for the
protection of human rights, including those interpreted in the context of
crisis and emergency management, to guide decision-making and practice
in both the clinical and scientic elds.
It should be noted that, according to European Commission (2020a),
well-functioning and fully independent justice systems can have positions
that have a signicant impact on investment and thus help increase
productivity and competitiveness. As is well known, the judicial authorities
must also take into account any obstacles that may arise and, on the basis
of analysis and evaluation, look for ways to implement new eective
interactions between the state and society by protecting their rights.
In the framework of the European Semester, evaluations are conducted
for each country through a bilateral dialogue with national judicial
authorities and stakeholders. Where the identied shortcomings aect the
macroeconomic environment, this may lead the EU Commission to propose
to the Council to adopt country-specic recommendations for improving
national justice systems (or justice in general) in individual countries.
It should be noted that all domestic and foreign countries provide for the
right to a fair trial by the Constitution and other laws. The Constitution of
Ukraine (Verkhovna Rada of Ukraine, 1996), Article 55, states that everyone
has the right to protection of their rights and interests. The Constitution of
France (Conseil Constitutionnel, 2008), which, according to Section XI BIS
of Article 71-1, provides everyone with a person (Advocate) who guarantees
respect for the rights and freedoms of every citizen by state administrations,
local self-government bodies, state institutions and any other bodies. The
Constitution of Poland (Sejm Rzeczypospolitej Polskiej, 1997), where
Section IX of Article 208 mentions the Commissioner for Human Rights,
who is the protector of human, as well as civil rights and freedoms dened
by the Constitution and other regulations (Ombudsman), etc.
Despite the large number of seemingly exhaustive legal frameworks
governing the protection of the rights and interests of society through the
judicial authorities, the level of the expansion and interaction of the state
and civil society is not high in many countries. This is natural, on the one
hand, because society is constantly changing and needs other methods and
approaches to such cooperation between the state and society, and on the
other - determines the readiness of states to nd new ways to restore and
gain the trust of every citizen by protecting their rights.
112 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
1. Methods and Materials
The activity of several countries in this eld is analysed, they include
such countries as: Austria, Belgium, France, Italy, and Poland. These
countries regulate the activities of the judicial authorities in completely
dierent ways to expand the methods of interaction with society, which
allows a more specic approach to the study of this issue.
However, despite the specic considerations of this study from the
perspective of these ve countries, the experience of other foreign countries
was also comprehensively analysed to assess the interaction between the
individual state and society.
So, statistics on the activities of the judicial authorities in the European
Union were analysed, summarizing issues that are under discussion and
those that are already working in the justice system of the EU Member
States. Besides, a comparative analysis of ve countries that dier in the
level of eectiveness of the judicial authorities in dealing with civil society
is made. We determined the eectiveness of such interactions between the
judicial authorities and citizens for each of the studied countries based
on the factors that contribute to the expansion of aspects of interaction
between the state and society.
Particular attention should be paid to methods of expanding the
interaction of judicial authorities and society in France. A number of
factors were studied that should be taken into account when analysing the
need to expand such interaction, which is carried out in accordance with
current legislation and analysis of statistics on the activities of the judicial
authorities in France in 2020 (United States Department of State, 2020).
This analysis was based on ocial analytical data, so it fully corresponds
to the aspects of expanding the interaction of the state represented by the
judicial authorities and civil society in terms of protection of the rights and
freedoms of every citizen in general.
The study involved sociological analysis, which contributed to the
generalization of international practice of expanding the interaction of
state and civil society through the judicial authorities, as well as the analysis
of empirical information.
A case study method allowed to determine the eectiveness of the judicial
authorities in the protection of human rights and society in general on the
basis of particular statistics. The systemic analysis helped to consistently
identify possible methods of expanding the interaction between the judicial
authorities and civil society upon establishing structural links.
Structural and comparative methods allowed studying the expansion of
the interaction between the state and civil society by the judicial authority
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in compliance with legislation that protects the rights and freedoms of a
citizen or society as a whole.
The dialectical method was used in considering the studied problems
and determining the main directions of the development of interaction
between the state and civil society through the judicial authorities by
protecting human rights.
The theoretical background for the study were the scientic works
of domestic and foreign scholars, analytical data, statistics on aspects of
expanding the interaction between the state and civil society through the
judicial authorities by the protection of human rights.
2. Results
Issues arising from the perspective of ways to expand the interaction
between the state and civil society are becoming increasingly important.
That is why we propose to consider the legislative and regulatory activities
of the justice system used by the European Union during 2019-2020,
and further assess the eectiveness of the adopted changes in one area
or another, and assess the need to implement those changes that are still
under discussion.
According to the information collected in collaboration with a group of
contact persons on the national justice systems of the 26 Member States,
the judiciary needs major reforms today, as it has the lowest position in all
EU countries (Figure 1). That is, despite the fact that the procedural law is
most fully and comprehensively enshrined in the EU, this process is slowed
down at the stage of court proceedings.
114 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
Figure 1: Legislative and regulatory activities on justice systems
in 2020 (measures / initiatives taken) under negotiation for
each member state). Source: European Commission (2021).
Thus, in 2020, procedural law continued to be the focus in a large
number of Member States with a signicant current or planned legislative
activity.
There has been increased activity to implement a reform on the status
of judges and rules for lawyers. Besides, a number of Member States are
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CUESTIONES POLÍTICAS
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in the process of implementing legislation on the use of information and
communication technologies (ICT) in their justice systems.
The impetus from previous years for court administration measures
continued in 2020. Activities in other areas, such as methods, alternative
dispute resolution (ADR) rules for the prosecutor’s oce or court fees, have
slowed down.
Some Member States are already actively using or planning to use
articial intelligence in their justice systems, but this is the case in countries
that have quite successful judicial authorities.
This review conrms the observation that judicial reforms take time
— sometimes several years —from their announcement to the adoption of
legislative and regulatory measures and their actual implementation in the
eld.
It should be added that the COVID-19 pandemic has created new
challenges that have emphasized the importance of accelerating reforms
to digitize the justice system. In this context, several Member States
have taken new measures to ensure the regular functioning of the courts,
ensuring continuous and easy access to justice for all, in particular by
adapting procedural rules.
In order to understand the dierences between countries and the
activities of their judicial bodies from the standpoint of the judiciary, we
propose to consider the number of applications that are referred to the
judiciary on the example of several foreign countries that dier in the
intensity of their ling (Figure 2).
116 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
Figure 2: Dynamics of the number of applications led to the
judiciary during 2019-2020. Source: European Court of Human
Rights (2021)
As we can note, Austria and Belgium are the countries where the
judiciary operates eectively, France is neutral among these countries,
while Italy and Poland show the highest rates of applications led to the
judicial authorities, indicating the need to enlarge cooperation between the
state and society, because the current activities of the judiciary cannot be
considered eective. Ukraine is one of the countries that need to improve
the judicial branch, the number of applications to the judiciary in 2019 was
3,991, and in 2020 this gure grew to 4,271.
It should also be borne in mind that the indicators should be divided
by population distribution, so we propose to consider Table 1 with the
indicators of the countries we study, where you can consider the ratio of
population to the number of applications.
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Table 1. Indicators of the ratio of population to the number
of applications led to the judicial authorities
Country Population as
of 01.01.2019
(1000)
Population as
of 01.01.2020
(1000)
2019 2020
Austria 8,859 8,901 0.22 0.24
Belgium 11,455 11,550 0.12 0.11
France 67,013 67,099 0.10 0.10
Italy 60,360 60,245 0.24 0.25
Poland 37,973 37,958 0.48 0.43
Source: European Court of Human Rights (2021).
Among the indicators that correlate the number of applications led to
the judicial authorities and the judiciary in general, the best indicators in
France and Belgium are worth noting. While Belgium has a small number of
applications relative to a small population, France is in a leading position,
which, despite a large number of applications relative to a large population,
is able to show some of the best performance in the judiciary as a whole.
In general, the French Ministry of Justice is taking a new step in
modernizing justice by launching an online referral service on January
4, 2021. For proceedings without coercive representation by a lawyer, a
person involved in the case (a person who can be heard or summoned to
court) can sue in a dematerialized form available from the justice website,
to which they can attach their supporting documents (Maison de Justice et
du Droit, 2021). In Ukraine, the Ministry of Justice is also trying to launch
digitization processes, as this helps to greatly simplify the work of the
judicial authorities.
However, there is currently no single way to measure the quality of
justice systems. In 2021, the EU continues to study the factors that are
generally considered relevant for better interaction between the state and
society. Therefore, we propose to consider them on the example of 5 studied
foreign countries in Table 2, where “+” means a high rate, and “-“ a low rate.
Table 2. Factors for better interaction between the state and society
Factors Austria Belgium France Italy Poland
Access to justice for
citizens and businesses + + + + +
118 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
Adequate nancial and
human resources + + + + +
Introduction of
evaluation tools + + + - -
Digitization - - + - -
Source: Author.
Analysing the data shown in Table 2, we can understand why France has
the best indicators of justice — this country uses all possible factors that
help better interact with the state and society, as a result — the eective
operation of the judicial authorities.
It should be added that states need to allocate at least 20% of the budget
for the digital transformation, because this is what improves the better
interaction of the state with society in the context of quarantine restrictions.
Therefore, the proposal for the restoration and resilience of the state
provides an opportunity to formulate country-specic recommendations
for particular national justice systems, and to accelerate national eorts
to complete the digital transformation of the justice system (European
Parliament and the Council of the European Union, 2021).
States can benet from the technical support of the EU Commission,
available through the Directorate-General for Structural Reform Support
(DG REFORM) under the Technical Support Instrument (TSI) (European
Commission, n. d.).
The use of information and communication technologies (ICTs) can
strengthen states’ justice systems and make them more sophisticated, more
ecient, sustainable, and ready to meet current and future challenges.
The COVID-19 pandemic has negatively aected national justice
systems and identied a number of issues aecting the functioning of the
judiciary. For example, previous editions of the EU Justice Scoreboard have
provided comparative data on some aspects of ICT in justice systems. As
reported by European Commission (2020b), additional data on digitization
in the states were substantially supplemented. This should provide deeper
monitoring of progress and unresolved challenges.
It should be added that the Ministry of Justice of Ukraine (n. d./a)
positions itself as a body that protects a person, their rights and property,
while ensuring the fullment of contracts, reducing recidivism and
providing free legal protection to a person in a dicult life situation.
To expand the interaction between the state and society by the Ministry
of Justice of Ukraine, it is necessary to rst determine an eective action
plan, as for several years the Ministry of Justice has been creating an
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CUESTIONES POLÍTICAS
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action plan for the medium term, but it includes the same provisions for
dierent periods. For example, the goals of state policy and main tasks of
the Ministry of Justice of Ukraine for 2022-2024 (Ministry of Justice of
Ukraine, n.d./b) have already been dened, although the action plan of the
Ministry of Justice for 2021-2023 (Ministry of Justice of Ukraine, 2020)
is still in force, which contains the same goals and objectives. This means
that the justice of Ukraine does not carry out its activities eectively, which
conrms the need to expand the interaction between the state and society.
For example, the factors we study in Table 2 show that none of the factors
is implemented at the appropriate level in Ukraine. That is, although the
state is trying to nance adequate nancial and human resources but this
funding is not enough; assessment tools are not eective, as the situation
remains unchanged for several years; the accessibility of justice for citizens
needs to be improved, as the system of access to justice cannot be called
easily accessible; and digitisation, despite the implementation of certain
steps towards such changes, is still not brought to the expected result.
Based on the above, it should be noted that it is necessary to improve the
activities of the Ministry of Justice of Ukraine, as it will signicantly expand
the interaction of the state with society, which will further lead to improved
statistics that will satisfy both the interests of the state and each citizen.
3. Discussion
Having conducted research in the eld of aspects of expanding the
interaction between the state and civil society, it should be noted that it is
dicult to call it unambiguous. Poland and Italy prefer to adhere to already
known methods of human rights protection through the judicial authorities,
and some countries consider them ineective, and as a result seek methods
for better organization of the judiciary in a country, for eective protecting
the rights of its citizens, thereby raising public condence in the state, such
as France.
We agree that the duty of the state to respect, promote, protect and
enforce the rights of citizens takes precedence over the responsibilities of
regional or international courts in this matter and is essential, especially
when the state knowingly or regularly violates rights (Brander et al., 2020).
It should be noted that such scientists as Hetman and Hetman (2019)
carried out an analysis of the judicial authorities of Ukraine and France,
where they identied certain similarities and distinctions between Ukraine
and France in conducting their activities through the judiciary. Although
Ukraine has some similarities with the French judicial authorities, there
are many gaps that Ukraine is not yet ready to close. Here, we are mostly
120 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
talking about funding and the unpreparedness for full digitalization, which
are currently dened as the most eective methods of expanding the
interaction of the state with society.
Di Martino and Prilleltensky (2020) concluded in their research on
the relationship of EU member states with society that the development
of the state should never stop (including the development of the judicial
authorities), as it directly aects the satisfaction of citizens. In our research
we can see that countries that do not particularly expand the interaction of
judicial authorities and society do not have clear positive indicators (we are
talking about such countries as Poland, Italy).
Franck (2018), who examined the balance between the EU judicial
authorities and its legislative authorities and the changes they use,
noted that without the application and extension of new methods for the
relationship between the state and society, this is immediately reected in
the statistics that indicate sucient or insucient level of development.
Van Elsuwege and Gremmelprez (2020) examined the protection of the
rule of law in the legal order of the European Union, where they explicitly
stated that the state cannot be separated from society. That is, the state
must expand its powers to act for the benet of its citizens.
The same position is held by Lenaerts (2020), who also emphasizes the
new opportunities for the rule of law in the EU, that is focuses on the need to
progress the judicial authorities to maximize the protection of civil society.
We fully support Ovádek’s (2021) position that the judicial authorities
should also use its institutional role to promote European integration. Thus,
he denes that justice, which gives limited access to its citizens (rather
than full – that is, without the expansion of interaction between state and
society) makes it quite dicult to talk about the benets of such a system.
This conrms the fact that the countries that maximize such cooperation
have much better statistics, and the citizens of such countries are satised
with the activities of the state as regards justice.
The analysis of Saurugger and Terpan (2019, 2020) can be considered
quite comprehensive. They carried out a comprehensive analysis of the
structural and politically-related legal assessment of the activities of the
judicial authorities and paid special attention to the transformation of the
judicial authorities in order to expand the relationship between the state
and society. Besides, they analysed the interaction of individual judicial
authorities with society in the context of the crisis in the Eurozone and
Covid-19. The study showed that crisis situations create stress for political
systems and their management, but the introduction of changes for their
expansion is a necessary condition for the eective operation of the judicial
authorities in cooperation with society as a whole.
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Rieter and Zwaan (2021) generally dene the expansion of the state’s
interaction with society as an urgent prerogative, as they emphasize human
rights as a value that the judicial authorities cannot ignore. Therefore, the
study focused on the procedure for the activities of the judicial authorities
and the need for new innovations for them.
Based on the above research, it should be noted that the expansion of
aspects of interaction between the state and civil society through the judicial
authorities attracts much attention.
Conclusions
Today, aspects of expanding the interaction of the state with civil society
through the judicial authorities in terms of the protection of their rights is
undeniably important for each country and society as a whole. That is why
the topic of this article attracts the attention of researchers and scholars
who are ready not only to theoretically consider this topic, but also to
provide their recommendations for improving the interaction between the
state and society.
Based on a study of foreign and, above all, European experience, we
considered the functioning and activities of the judicial authorities to
protect the rights and interests of civil society, including such countries as
Australia, Belgium, France, Italy and Poland.
Having made a comprehensive analysis of aspects of expanding
cooperation between the judiciary as a representative of the state and civil
society on the example of foreign countries, it should be noted that a serious
attitude to the expansion of interaction between the state and society, namely
the introduction of new aspects of the activities of the judicial authorities,
allows carrying out the activities of the judiciary in relation to society much
more eectively. As a result, this is directly reected in the statistics and
reports that are compiled to analyse the activities of countries, including
the activities of the judicial authorities, which allows us to realistically
assess the situation in a particular country in this context.
The obtained results can be used in research, law-making, law
enforcement and educational process. For example, research provides
a background for further theoretical research to expand the interaction
between the state and civil society, which are aimed at improving the
system of justice as a means of protection of citizens’ rights. It is worth
taking into account the results obtained in lawmaking, because the study
contains the proposals to improve the interaction of the judicial authorities
as representatives of the state for the protection of the rights and interests of
civil society. Application in law enforcement will provide an opportunity to
122 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
improve the practice of the judicial authorities, increase the eectiveness of
the introduction of methods to expand the interaction of state and society.
The use of this study in the educational process is equally important, as
the results of the study can be used in classes in law and other educational
institutions to study subjects that involve the study of justice as a means of
protecting the rights of civil society.
Bibliographic References
BRANDER, Patricia; DE WITTE, Laure; GHANEA, Nazila; GOMES, Rui;
KEEN, Ellie; NIKITINA, Anastasia; PINKEVICIUTE, Justina. 2020.
COMPASS: Manual for Human Rights Education with Young People. 2nd
edition, updated. Council of Europe. Strasbourg, France.
COMMITTEE ON BIOETHICS OF THE COUNCIL OF EUROPE. 2020.
Statement on human rights considerations relevant to the COVID-19
pandemic. Available online. In: https://rm.coe.int/inf-2020-2-
declaration-covid19-e-/1680a18f47. Consultation date: 18/04/2021.
CONSEIL CONSTITUTIONNEL. 2008. Texte intégral de la Constitution
du 4 octobre 1958 en vigueur (Full text of the Constitution, entry into
force October 4, 1958). Available online. In: https://www.conseil-
constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-
la-constitution-du-4-octobre-1958-en-vigueur. Consultation date:
18/04/2021.
COUNCIL OF EUROPE. 1997. Convention for the protection of human
rights and dignity of the human being with regard to the application of
biology and medicine: Convention on human rights and biomedicine.
Available online. In: https://rm.coe.int/168007cf98. Consultation date:
18/04/2021.
DI MARTINO, Salvatore; PRILLELTENSKY, Isaac. 2020. “Happiness as
fairness: the relationship between national life satisfaction and social
justice in EU countries” In: Journal of Community Psychology, Vol. 48,
No. 6, pp. 1997–2012.
EUROPEAN COMMISSION. 2020a. Communication from the Commission
to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions. Identifying
and Addressing Barriers to the Single Market. European Commission.
Brussels, Belgium.
EUROPEAN COMMISSION. 2020b. Communication from the Commission
to the European Parliament, the Council, the European Economic and
123
CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 108-125
Social Committee and the Committee of the Regions. Digitalisation of
Justice in the European Union: A Toolbox of Opportunities. European
Commission. Brussels, Belgium.
EUROPEAN COMMISSION. 2021. Communication from the Commission to
the European Parliament, the Council, the European Central Bank, the
European Economic and Social Committee and the Committee of the
Regions. European Commission. Brussels, Belgium.
EUROPEAN COMMISSION. n. d. Technical support instrument (TSI). Available
online. In: https://ec.europa.eu/info/funding-tenders/funding-
opportunities/funding-programmes/overview-funding-programmes/
structural-reform-support-programme-srsp_en. Consultation date:
18/04/2021.
EUROPEAN COURT OF HUMAN RIGHTS. 2021. Analysis of Statistics 2020.
European court of human rights. Strasbourg, France.
EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
UNION. 2021. Regulation (EU) 2021/241 of the European Parliament
and of the Council of 12 February 2021 establishing the Recovery and
Resilience Facility. Available online. In: https://eur-lex.europa.eu/
legal-content/EN/TXT/PDF/?uri=OJ:L:2021:057:FULL&from=EN.
Consultation date: 18/04/2021.
FRANCK, Jens-Uwe. 2018. “Striking a balance of power between the Court of
Justice and the EU legislature: The law on competition damages actions
as a paradigm” In: European Law Review. Vol. 43, No. 6, pp. 837-857.
HETMAN, Yevhen Anatoliyovych; HETMAN, Kateryna Olehivna. 2019.
“Administrative Justice of France and Ukraine: a comparative legal
analysis” In: Theory and Practice of Jurisprudence. Vol. 1, No. 15, pp.
1-12.
LENAERTS, Koen. 2020. “New horizons for the rule of law within the EU” In:
German Law Journal. Vol. 21, No. 1, pp. 29-34.
MAISON DE JUSTICE ET DU DROIT. 2021. Maison de Justice et du Droit The
House of Justice and Law (Homepage). Available online. In: https://
www.maisondejustice.fr/. Consultation date: 18/04/2021.
MINISTRY OF JUSTICE OF UKRAINE. 2020. The action plan of the Ministry
of Justice for 2021-2023. Available online. In: https://minjust.gov.ua/
les/general/2020/08/31/20200831095750-27.pdf. Consultation date:
18/04/2021.
124 Olena I. Kravchenko, Oksana S. Dudchenko, Iryna S. Kunenko, Oleksandr Spodynskyi y Oksana V. Deliia
Aspects of Expanding the Interaction between the State and Civil Society
MINISTRY OF JUSTICE OF UKRAINE. n. d. /a. Ministry of Justice of Ukraine:
View, values, mission. Available online. In: https://minjust.gov.ua/
pages/mission. Consultation date: 18/04/2021.
MINISTRY OF JUSTICE OF UKRAINE. n. d. /b. The goals of state policy and
main tasks of the Ministry of Justice of Ukraine for 2022-2024. Available
online. In: https://minjust.gov.ua/objectives_of_public_policy.
Consultation date: 18/04/2021.
OVÁDEK, Michal. 2021. “Supranationalism, constrained? Locating the Court of
Justice on the EU integration dimension” In: European Union Politics.
Vol. 22, No. 1, pp. 46-69.
RIETER, Eva; ZWAAN, Kairn (Eds.). 2021. Urgency and Human Rights.
The Protective Potential and Legitimacy of Interim Measures.
T.M.C. Asser Press, 33. The Hague, Netherlands.
SAURUGGER, Sabine; TERPAN, Fabien. 2019. “The EU’s legal identities
and the Court of Justice of the EU” In: Comparative European
Politics. Vol. 17, pp. 548–566,
SAURUGGER, Sabine; TERPAN, Fabien. 2020. “Integration through
(case) law in the context of the Euro area and Covid-19 crises:
courts and monetary answers to crises” In: Journal of European
Integration. Vol. 42, No. 8, pp. 1161-1176.
SEJM RZECZYPOSPOLITEJ POLSKIEJ. 1997. Constitution of the
Republic of Poland. Available online. In: https://www.sejm.gov.
pl/prawo/konst/polski/kon1.htm. Consultation date: 18/04/2021.
UNITED NATIONS. 1945. United Nations Charter (full text). Available online.
In: https://www.un.org/en/about-us/un-charter/full-text. Consultation
date: 18/04/2021.
UNITED NATIONS. 1948. Universal Declaration of Human Rights. Available
online. In: https://www.un.org/en/about-us/universal-declaration-of-
human-rights. Consultation date: 18/04/2021.
UNITED NATIONS. 1976a. International covenant on economic, social and
cultural rights. Available online. In: https://www.ohchr.org/en/
professionalinterest/pages/cescr.aspx. Consultation date: 18/04/2021.
UNITED NATIONS. 1976b. International covenant on civil and political rights.
Available online. In: https://www.ohchr.org/en/professionalinterest/
pages/ccpr.aspx. Consultation date: 18/04/2021.
125
CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 108-125
UNITED NATIONS. 1990. Convention on the rights of the child. Available
online. In: https://www.ohchr.org/en/professionalinterest/pages/crc.
aspx. Consultation date: 18/04/2021.
UNITED STATES DEPARTMENT OF STATE. 2021. France 2020 human
rights report. Available online. In: https://www.state.gov/wp-content/
uploads/2021/03/FRANCE-2020-HUMAN-RIGHTS-REPORT.pdf.
Consultation date: 18/04/2021.
VAN ELSUWEGE, Peter; GREMMELPREZ, Femke. 2020. “Protecting the rule
of law in the EU legal order: A constitutional role for the court of Justice”
In: European Constitutional Law Review. Vol. 16, No, 1, pp. 8-32.
VERKHOVNA RADA OF UKRAINE. 1996. The Constitution of Ukraine/.
Available online. In: http://zakon.rada.gov.ua/laws/show/254к/96-ВР.
Consultation date: 18/04/2021.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
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