English / ქართული / русский /







Journal number 4 ∘ Alfred Kuratashvili
THEORY OF BALANCE OF RIGHTS AND RESPONSIBILITY OF OFFICIALS – NECESSARY SCIENTIFIC BASIS ERADICATING ECONOMIC FASCISM AND CRIMINAL BUSINESS

Expanded Summary 

In scientific work, the Theory of balance of rights and responsibility of officials is considered as a necessary scientific basis for the eradication of economic fascism and criminal business in society and in the state.

The reason for the occurrence in the modern world of economic fascism is the economic aim the economic purposefulness of the functioning of society and the state (?!).

Consequently, the "supremacy" domination of money, market, profit, capital over a person in society and in the state, characteristic of the essential nature of capitalism, is a manifestation of economic fascism (?!).

Moreover, the theoretical "grounding" and "justification" of economic fascism is given in the so-called "Invisible Hand" of the famous Adam Smith (?!).

As for the followers of the founder of classical political economy the famous Adam Smith, who is at the same time the founder and “bleach” of economic fascism, it should be noted that the followers of Adam Smith, in my science-based conviction, are both the founder and representatives of Keynesianism, and the founder and representatives of monetarism, etc., regardless of their various scientific merits in the matter of temporary salvation of capitalism (?!).

Adam Smith’s followers are also all apologists - advocates - of capitalism, and therefore, all apologists advocates of economic fascism, who have found a “warm” feeding due to the robbery of the people, both in the field of science and in the sphere of politics, and in particular, in state management (?!).

Based on the foregoing, it is precisely the result of the dominance of economic fascism, namely the result of the “activities” of “scientists” and “politicians” who are “sick” with economic fascism that support the “supremacy” dominance of money, market, profit, capital over people in society and in the state, are all criminal and inhuman acts, including the functioning of the criminal business, which takes place in the modern world (?!).

And here the question arises:

What is the alternative to the so-called “Invisible Hand” by Adam Smith, and therefore the alternative to economic fascism?!

In response, it should be noted that an alternative to the so-called “Invisible Hand” by Adam Smith,and therefore the alternative to economic fascism, is a revolutionary change in the purposefulness of the functioning of society and the state from a “purely” economic purposefulness – to a social (to humanosocial) purposefulness, which is feasible only on the basis of the fundamentally new scientific trends and the fundamentally new scientific theories created by me on the basis of the Philosophy of the Social Goal, on the basis of Theory of Supremacy of interests of the people and on the basis of the Theory of balance of rights and responsibility of officials.

Moreover, in this scientific work, the Theory of balance of rights and responsibility of officials is considered as a necessary scientific basis for the eradication of economic fascism and criminal business in society and in the state.

One of the main scientific trends and necessary intellectual basis of protection of interests of a person as well as necessary basis of effective functioning of market relations and the society and the state as a whole is the theory of the balance of rights and responsibility of officials created by me.

Creation of the political-legal and social-economic bases, as well as legal mechanisms of the juridical responsibility of officials that should be balanced with their rights is a necessary condition for establishment of social justice and effective functioning of the society and the state.

Moreover, necessity and special significance of using of the theory of the balance of rights and responsibility of officials created by me is becoming more obvious in the modern world.

Besides, the significance of this theory increases not only for the resolution of internal problems of effective functioning of the society and the state, but also for the normal life and activity of the world community.

The balance of rights and responsibility of officials represents the necessary, but insufficient condition of protection of interests of a person – protection of interests of all members of the society, necessary condition of realization of individual potential of a person and effective functioning of the society as a whole.

However, unfortunately, the acting legal theory and practice lack the responsibility of officials for the results of their activity – lack the responsibility of officials that should have been balanced with their rights.

The aforesaid, in my deep belief, is caused by the fact that, first of all, before the creation by me of the theory of the balance of rights and responsibility of officials, there did not exist such or similar to it theory, and, the second, despite the fact that the bases of this theory were laid by me early in the 70-ties of XX century and published as early as 1972, 1976 an so on, and later on the already formed theory was more than once published, it was not yet properly used in practice.

And it is not astonishing, since the legitimization of the corresponding political-legal mechanisms on the basis of the created by me theory of the balance of rights and responsibility of officials should be carried out through adoption of necessary normative acts by high officials of the state, but the legitimization of such responsibility, evidently, does not suit them (these officials), since in this case in some states a great number of officials (if not all) will lose high posts held by them.

At the same time, the effective functioning of any society and state, if it is really aimed at realization of interests of people, with the objective necessity requires the creation of the theoretical-legal bases and the relevant legislative basis – relevant legal mechanisms of responsibility of officials, which (i.e. responsibility of officials) will be balanced with their rights, and which will be based, in its turn, on the created by me theory of the balance of rights and responsibility of officials.

After all as a result of “activity” of some officials – “state figures”, quite often, in fact, the robbery and impoverishment of people take place, “explainable” by crisis phenomena, complications existing in the state, “explainable” by activities of the third power, requirements of international financial organizations and so on, but still officials hold the state posts exactly for prevention of crisis phenomena and other complications in the state, and negative influence of the so-called third power and so on.

And if they are not able to do this, then the main reason of all that takes place in the society and the state should be sought in them themselves – in state officials of high rank and not somewhere – outside of the leadership of the country and, all the more, abroad.

Besides, relevant officials for the results of their activity should bear full responsibility that should be balanced with their rights, exactly this lies in the essence of the created and proposed by me theory.

Therefore, the created by me social-legal and political-legal theory of the balance of rights and responsibility of officials represents the necessary scientific basis of protection of interests of a person and social-economic progress.

The theory of the balance of rights and responsibility of officials is the basis of overcoming of contradiction between the availability of rights and obligations of the state, and, consequently, of the state officials, through the activity of whose the functioning of the society and the state is carried out, on the one hand, and the lack of concrete theoretical and practical juridical responsibility of these officials for the results of their activity, on the other one, since officials executing their rights and obligations, expressing in the end concretely in serving the society – serving people, sometimes “serve people” so that their “activity” leads to the robbery and impoverishment  of people, but the relevant responsibility for this does not exist.

Besides, the theory of the balance of rights and responsibility of officials allows to overcome contradiction between the availability of responsibility of common citizens for their acts, on the one hand, and the lack of responsibility of officials for the results of their activity that (responsibility) should have been balanced with their rights – to manage or directly participate in management of the society and the state, on the other one, and through this, the theory points the way to the practice in the aspect of creating and equipping the mechanisms of juridical responsibility of officials that should have been balanced with their rights.

Thus, proceeding from all the aforesaid, I once more come to the logical conclusion about the fundamental social-economic and political significance of the theory of the balance of rights and responsibility of officials and about the necessity of its practical realization, since rights, freedoms and interests of every person can be protected only through the introduction of juridical responsibility of officials that should be balanced with the rights of these officials.