The State as a Guarantee of Human Rights and Freedoms in the Practice of Constitutionalism in the Civil Society Development

The article analyzes the practice of constitutionalism in relation to the development of civil society. According to the results of the analysis, it was established that the provisions regarding civil society in the modern constitutions of post-Soviet countries confirm that although neoliberalism initially developed as a response to the economic doctrine of classical liberalism, it has an all-pervading essence and exerts a powerful influence on the entire state-legal reality. It is substantiated that the state-independent position of civil society, guarantees of its functioning and free structuring should be enshrined in the constitution, which is the main limiter of the state. And despite the declarative nature of the constitution of post-Soviet countries, they are a model of expression of the basic law. Defining the state as a guarantor of human rights and freedoms is necessary to prevent society from spreading disorder - a critical increase in entropy. That is, chaos is born in excessive freedom and the possibility of a person to realize his freedom is dissipated. Therefore, the task of the state is to carry out organizational activities to maintain a certain level of order in society, defined by the social contract. The implementation of this task of the state allows to maintain society in an organized state with a high level of individual freedom, but to keep it from a critical increase in entropy. At the same time, the social contract is a denominator of the balance of the social system, as it determines the order of things in society and the basis of the relationship between a person, society and the state with the consent of every free person. There are reasons to attribute the content of the social contract to the sphere of natural law, as a system of norms realized by free citizens, based on the real order of things and moral and ethical principles. It was found that the three-subject model of the social system (free citizen, civil society, state) expresses the ideal model of management of the neoliberal social system, which contains norms that apply to all three subjects of the system.