Background. The comparison of the genesis of civil society in Russia and Germany, having common typological features, expressed in the etatization of the public sphere, i.e. domination in this area of the state, reveals political and legal conditions that promote and hinder the formation of a civil society. When comparing these processes in two states, the aim was to identify common patterns and differences. The task was also to demonstrate the possibility of the existence of a model of a civil society, the institutions of which are integrated into the public administration system, which fundamentally distinguishes this model from its classical counterpart, which is based on the opposition of civil society to the state; to show the implementation of the model in Germany.
Materials and methods. The article analyzes the political and legal circumstances of the institutionalization of civil society in Russia and in Germany. The description is based on common elements, including an analysis of the epoch in which social structures of a new type are fixed, the allocation of independent stages of this institutionalization, characterized by the achievement of relative goals, is justified.
Results. When comparing the institutionalization of civil society in two states, the general stages of this process are revealed, and the patterns of legal registration of the non-profit sector, corresponding to the general dynamics of socio-political modernization, are shown. The first stage is the consolidation of the right to selforganization while overcoming the resistance of autocratic power. The second stage – with the democratization of the political system, the creation of institutional and legal conditions for the comprehensive interaction of the state and the non-profit sector in the public interest.
Conclusions. The institutionalization of civil society in Germany began to take place several decades earlier than in Russia, since socio-economic, political and legal modernization had begun there earlier. A distinctive feature of this institutionalization was the orientation towards a compromise with an authoritarian state and the involvement of organizations in the non-commercial sector in the formation and implementation of state policy. In Russia, this stage was delayed until the beginning of the 20th century because of autocracy’s resistance to liberal rights granting. By 1960–1970 the second stage of the institutionalization of civil society, expressed by the large-scale integration of a part of the non-profit sector in the public social security system on the basis of the principle of subsidiarity, was finished in Germany. In Russia, due to the rupture of the natural course of the formation of civil society in the period of the communist dictatorship, similar tendencies have been realized up to nowadays with the state dominating in this process.
civil society, institutionalization of civil society, modernization, the law of self-organization, the system of public social service, subsidiarity, Free welfare associations
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