Society is a certain hysterically formed form of community of people.

Any community of people is characterized by differences between them and a certain degree of organization, regulation, orderliness of social relations. The division of labor in the economy objectively leads to the formation of different strata, castes, classes of people. Hence the differences in their consciousness, worldview.

Social pluralism underlies the formation and political ideas, exercises. The political structure of society, logically, reflects its social diversity. Therefore, in any society, forces simultaneously function, striving to turn it into a more or less integral organism. Otherwise, a community of people is not a society.

The state acts as that external (isolated to a certain extent from society) force that organizes society and protects its integrity. The state is a publicly established power, it is not a society: it is to some extent separated from it and forms a force designed to organize social life and manage it.

Thus, with the advent of the state, society splits into two parts - the state and the rest, the non-state part, which is civil society.

Civil society is a capable system of social, economic, political, legal and other relations that develop in society in the interests of its members and their associations. For the optimal management and protection of these relations, civil society establishes the state - the political power of this society. Civil society and society in general are not the same thing. Society is the whole community of people, including the state with all its attributes; civil society is a part of society with the exception of the state as an organization of its political power. Civil society appears and takes shape later than society as such, but it certainly appears with the advent of the state, functions in cooperation with it. No state - no civil society. Civil society functions normally only when state power universal human values ​​and the interests of society are in the foreground. Civil society is a society of citizens with various group interests.

The state as an organization of the political power of a certain society differs from other organizations and institutions of society in the following ways.

1. The state is a political and territorial organization of society, the territory of which is under the sovereignty of this state, is established and consolidated in accordance with historical realities, international agreements. A state territory is a territory that is not only declared by some kind of state entity, but also recognized as such in the international order.

2. The state differs from other organizations of society in that it is a public authority supported by taxes and fees from the population. Public authority is an established authority.

3. The state is distinguished by the presence of a special apparatus of coercion. Only it has the right to maintain armies, security and public order agencies, courts, prosecutors, prisons, places of detention. These are purely state attributes, and no other organization in a state society has the right to form and maintain such a special apparatus of coercion.

4. The state and only it can clothe its decree in a generally binding form. Law, law - these are the attributes of the state. Only it has the right to issue laws binding on all.

5. The state, unlike all other organizations in society, has sovereignty. The sovereignty of the state is a political and legal property of state power, expressing its independence from any other power inside and outside the country's borders and consisting in the right of the state to independently, freely decide its own affairs. There are no two identical authorities in one country. State power is supreme and not shared with anyone power.

The main concepts of the emergence of the state and law and their analysis.

The following theories of the origin of the state are distinguished: theological (F. Aquinas); patriarchal (Plato, Aristotle); negotiable (J.-J. Rousseau, G. Grotius, B. Spinoza, T. Hobbes, A.N. Radishchev); Marxist (K. Marx, F. Engels, V. I. Lenin); the theory of violence (L. Gumplovich, K. Kautsky); psychological (L.Petrazhitsky, E.Fromm); organic (G. Spencer).

The main idea of ​​theological theory is the divine primary source of the origin and essence of the state: all power is from God. In the patriarchal theory of Plato and Aristotle, an ideal just state, growing out of the family, in which the power of the monarch is personified with the power of the father over the members of his family. They regarded the state as a hoop holding its members together on the basis of mutual respect and paternal love. According to the contract theory, the state arises as a result of the conclusion of a social contract between people who are in a "natural" state, which turns them into a single whole, into a people. The theory of violence lies in the conquest, violence, enslavement of some tribes by others. Psychological theory explains the reasons for the emergence of the state by the properties of the human psyche, his biopsychic instincts, etc. Organic theory considers the state to be the result of organic evolution, a variation of which is social evolution.

There are the following concepts of law: normativism (G. Kelsen), Marxist school of law (K. Marx, F. Engels, V. I. Lenin), psychological theory of law (L. Petrazycki), historical school of law (F. Savigny, G. Pukhta), sociological school of law (R. Pound, S.A. Muromtsev). The essence of normativism is that law is seen as a phenomenon of proper ordering of the system of norms. The psychological theory of law derives the concept and essence of law from the legal emotions of people, firstly, a positive experience that reflects the establishment of the state and, secondly, an intuitive experience that acts as a real, "real" law. The sociological school of law identifies law with judicial and administrative decisions, in which “living law” is seen, thereby creating the legal order, or the order of legal relations. The historical school of law proceeds from the fact that law is a common conviction, a common "national" spirit, and the legislator acts as its main representative. The Marxist understanding of the essence of law lies in the fact that law is only the will of the ruling classes raised to the law, the will, the content of which is conditioned by the material conditions of life of these classes.

The functions of the state are the main directions of its political activity in which its essence and social purpose are expressed.

The most important function of the state is to protect and guarantee the rights of man and citizen. The functions of the state are divided into the following types:

I. By subjects:

functions of legislative authorities;

executive functions;

functions of justice;

II. Directions:

1. External functions - this is the direction of the state's activities to solve the external tasks facing them

1) peacekeeping;

2) cooperation with foreign states.

2. Internal functions - this is the direction of the state's activity in solving the internal tasks facing it

1) economic function;

2) political function;

3) social function;

III. By field of activity:

1) law-making;

2) law enforcement;

3) law enforcement.

The form of the state is the external, visible organization of state power. It is characterized by: the order of formation and organization of higher authorities in society, the way the territorial structure of the state, the relationship between central and local authorities, the methods and methods of exercising state power. Therefore, revealing the question of the form of the state, it is necessary to distinguish three of its components: the form of government, the form of government, and the state regime.

The form of government is understood as the administrative-territorial structure of the state: the nature of the relationship between the state and its parts, between parts of the state, between central and local authorities.

All states according to their territorial structure are divided into simple and complex.

A simple or unitary state does not have separate state formations enjoying a certain degree of autonomy. It is subdivided only into administrative-territorial units (provinces, provinces, counties, lands, regions, etc.) and has a single supreme governing body common to the entire country.

A complex state consists of separate state entities that enjoy one or another independence. Complex states include empires, confederations, and federations.

Empire - a forcibly created complex state, the degree of dependence constituent parts which from the supreme power is very different.

A confederation is a state created on a voluntary (contractual) basis. Members of the confederation retain their independence, unite their efforts in achieving common goals.

The bodies of the confederation are formed from representatives of its constituent states. The confederal bodies cannot directly compel the members of the union to carry out their decisions. The material base of the confederation is created by the contributions of its members. As history shows, confederations do not exist for long and either disintegrate or transform federal states (for example, the United States).

Federation - a sovereign complex state, which has in its composition state formations, called subjects of the federation. State formations in a federal state differ from administrative units in a unitary state in that they usually have a constitution, higher authorities, and therefore their own legislation. However, a state entity is a part of a sovereign state and therefore does not have state sovereignty in its classical sense. A federation is characterized by such a state unity that a confederation does not know, from which it differs in a number of essential features.

According to the legal norms of fixing state ties. In a federation, these ties are fixed by a constitution, and in a confederation, as a rule, by an agreement.

By legal status territory. The federation has a single territory, formed as a result of the union of its subjects with the territory belonging to them into one state. The confederation has the territory of the states entering into the union, but there is no single territory.

A federation differs from a confederation in the issue of citizenship. It has a single citizenship and at the same time the citizenship of its subjects. There is no single citizenship in a confederation; there is citizenship in every state that has joined the union.

In the federation there are supreme bodies of state power and administration common to the entire state (federal bodies). There are no such bodies in the confederation, only bodies are created to resolve issues common to it.

The subjects of the confederation have the right to nullify, that is, to cancel the act adopted by the body of the confederation. The practice of ratifying the act of the body of the confederation has been adopted in the confederation, while the acts of the federal authorities and administration, adopted in their jurisdiction, are valid throughout the territory of the federation without ratification.

A federation differs from a confederation in that it has a single armed force and a single monetary system.

The form of government is the organization of state power, the procedure for the formation of its higher bodies, their structure, competence, the duration of their powers, and relations with the population. Plato, followed by Aristotle, singled out three possible forms state government: monarchy - the power of one, aristocracy - the power of the best; polity - the power of the people (in a small state-polis). In general, all states in the form of government are divided into despotism, monarchy and republic.

Despotism is a state in which all power belongs to one person, arbitrariness prevails, and there are no or no laws. Such states in modern world fortunately not, or very little.

A monarchy is a state headed by a hereditary monarch coming to power. In historical terms, they differ: early feudal monarchy, class-representative, absolute monarchy with unlimited sole power of the monarch, limited monarchy, dualistic. There are also parliamentary monarchies (Great Britain), elective monarchies (Malaysia).

A republic is a representative form of government in which government bodies are formed through an electoral system. They differ: aristocratic, parliamentary, presidential, Soviet, people's democratic republic and some other forms.

Parliamentary or presidential republics differ from each other by the role and place of the parliament and the president in the system of state power. If the parliament forms the government and controls its activities directly, then it is a parliamentary republic. If the executive power (government) is formed by the president and he has discretionary power, that is, power that depends only on his personal discretion in relation to the members of the government, then such a republic is presidential.

Parliament is the legislative body of state power. IN different countries it is called differently: in the USA - Congress, in Russia - the Federal Assembly, in France - the National Assembly, etc. Parliaments are usually bicameral (upper and lower houses). Classical Parliamentary republics - Italy, Austria.

The President is the elected head of state and the highest official in it, who represents the state in international relations. In the presidential republics, he is both the head of the executive branch and the supreme commander of the country's armed forces. The president is elected for a fixed constitutional term. Classic Presidential republics - USA, Syria.

The state-legal (political) regime is a set of techniques and methods by which state bodies exercise power in society.

A democratic regime is a regime based on the sovereignty of the people, i.e. on his real participation in the affairs of the state, society, on the recognition of human rights and freedoms.

The main criteria by which the democracy of the state is assessed are:

1) the proclamation and actual recognition of people's (not national, not class, etc.) sovereignty through the broad participation of the people in the affairs of the state, its influence on the solution of the main issues of society;

2) the presence of a constitution that guarantees and consolidates the broad rights and freedoms of citizens, their equality before the law and the courts;

3) the existence of a separation of powers based on the rule of law;

4) freedom of activity of political parties and associations.

The presence of an officially fixed democratic regime with its institutions is one of the main indicators of the influence of civil society on the formation and activities of the state.

Authoritarian regime - absolutely monarchical, totalitarian, fascist, etc. - manifests itself in the separation of the state from the people, the substitution of it (the people) as a source of state power by the power of the emperor, leader, general secretary, etc.

The state apparatus is a part of the mechanism of the state, which is a set of state bodies endowed with power for the implementation of state power.

The state apparatus consists of state bodies (legislative authorities, executive authorities, judicial authorities, prosecutor's office).

A state body is a structurally separate link, a relatively independent part of the state apparatus.

State body:

1. performs its functions on behalf of the state;

1. has a certain competence;

1) has power;

It is characterized by a certain structure;

Has a territorial scale of activity;

formed in the manner prescribed by law;

1) establishes legal relations of personnel.

Types of government bodies:

1) according to the method of occurrence: primary (they are not created by any bodies, they arise either in the order of inheritance or in the order of election through elections) and derivatives (they are created by primary bodies that give them power. These are executive and administrative bodies, prosecution bodies, etc. .)

2) in terms of power: supreme and local (not all local bodies are state (for example, local governments are not state). The highest extend their influence over the entire territory, local - only on the territory of the administrative-territorial unit)

3) by the breadth of competence: general (Government) and special (sectoral) competence (Ministry of Finance, Ministry of Justice).

4) collegiate and individual.

· according to the principle of separation of powers: legislative, executive, judicial, control, law enforcement, administrative.

The main prerequisites for the emergence and development of the doctrine of the rule of law.

Even at the very beginning of the development of civilization, man tried to understand and improve the forms of communication with his own kind, to understand the essence of his own and others' freedom and lack of freedom, good and evil, justice and injustice, order and chaos. Gradually, the need to limit one's freedom was realized, social stereotypes and common rules of behavior (customs, traditions) for a given society (clan, tribe) were formed, provided with the authority and way of life itself. The ideas about the inviolability and supremacy of the law, about its divine and fair content, about the need for law to comply with law can be considered as prerequisites for the doctrine of the rule of law. Even Plato wrote: “I see the near death of that state, where the law has no power and is under someone else's power. Where the law is the master of the rulers, and they are its slaves, I see the salvation of the state and all the blessings that the gods can bestow on the states. The theory of the separation of powers was proposed by J. Locke, S. Montesquieu was his follower. The philosophical substantiation of the doctrine of the rule of law and its systemic form is associated with the names of Kant and Hegel. The phrase "rule of law" is first encountered in the works of German scientists K. Welker and J. H. Freiher von Aretin.

By the end of the 20th century, in a number of developed countries such types of legal and political systems have developed, the principles of construction of which largely correspond to the idea of ​​legal statehood. The constitutions and other legislative acts of the Federal Republic of Germany, the USA, France, Russia, England, Austria, Greece, Bulgaria and other countries contain provisions that directly or indirectly fix that this state entity is legal.

The rule of law is a legal (fair) organization of state power in a highly qualified, cultural society, aimed at the ideal use of state-legal institutions for organizing public life in the true interests of the people.

The features of the rule of law are:

supremacy in society of legitimate law;

division of power;

interpenetration of human and civil rights;

mutual responsibility of the state and the citizen;

fair and effective human rights activities, etc.

The essence of the rule of law is reduced to its true democracy, nationality. The principles of the rule of law include:

the principle of the priority of law;

the principle of legal protection of a person and a citizen;

the principle of the unity of law and law;

the principle of legal differentiation between the activities of various branches of state power (power in the state must necessarily be divided into legislative, executive and judicial);

principle of the rule of law.

The principle of separation of powers and its essence.

1) Constitutional consolidation of the principle of separation of powers with a clear indication of the limits of the rights of each power and the definition of checks and balances within the framework of the interaction of the three branches of power. At the same time, it is important that the constitution in a particular state be adopted by a specially created organization (constitutional assembly, convention, constituent assembly, etc.). This is necessary so that the legislature itself does not determine its scope of rights and obligations.

2) Legal limitation of the limits of the power of the branches of government. The principle of separation of powers does not allow any branch of government to have unlimited powers: they are limited by the constitution. Each branch of power is endowed with the right to influence the other if it takes the path of violating the constitution and legislation.

3) Mutual participation in the staffing of government bodies. This lever comes down to the fact that the legislature participates in the formation of the highest officials of the executive branch. So, in parliamentary republics, the government is formed by the parliament from among the representatives of the party that won the election and has more seats in it.

4) A vote of confidence or no confidence. A vote of confidence or no confidence is the will expressed by a majority of votes in the legislature regarding the approval or disapproval of a government policy, action or bill. The question of a vote can be raised by the government itself, a legislative body, or a group of deputies. If the legislature expresses a vote of no confidence, then the government resigns or parliament is dissolved and elections are called.

5) The right of veto. A veto is an unconditional or suspensive ban imposed by one authority on the decisions of another. The right of veto is exercised by the Head of State, as well as by the upper house in a bicameral system in relation to the resolutions of the lower house.

The President has the right of suspensive veto, which Parliament can override by second consideration and adoption of a resolution by a qualified majority.

6) Constitutional supervision. Constitutional supervision means the presence in the state of a special body designed to ensure that no power violates the requirements of the constitution.

7) Political responsibility of the highest officials of the state. Political responsibility is the constitutional responsibility for political activity. It differs from criminal, material, administrative, disciplinary responsibility by the basis of the offensive, the procedure for bringing to responsibility and the measure of responsibility. The basis of political responsibility is the actions that characterize the political person of the perpetrator, affecting his political activity.

8) Judicial control. Any organs of state power, administration, which directly and adversely affect the person, property or rights of an individual, should be subject to the supervision of the courts with the right to a final decision on constitutionality.

Law: concept, norms, branches

Social norms are general rules related to the will and consciousness of people for regulating the form of their social interaction arising in the process historical development and functioning of society, corresponding to the type of culture and the nature of its organization.

Classification of social norms:

1. By spheres of action (depending on the content of the life of the society in which they operate, on the nature of social relations, i.e., the subject of regulation):

political

1) economic

1) religious

ecological

2. According to the mechanism (regulatory features):

moral norms

rules of law

corporate norms

Law is a system of formally defined rules of conduct of a general nature established and guaranteed by the state, ultimately determined by the material and spiritual and cultural conditions of society. The essence of law lies in the fact that it is aimed at establishing justice in society. As a public institution, it was just found in order to resist violence, arbitrariness, chaos from the standpoint of justice and morality. Therefore, law always acts as a stabilizing, pacifying factor in society. Its main purpose is to ensure harmony, civil peace in society from the standpoint of human rights.

In modern legal science the term "right" was used in several meanings (concepts):

· Law is the social and legal claims of people, for example, the right of a person to life, the right of the people to self-determination, etc. These claims are due to the nature of man and society and are considered natural rights.

Law is a system of legal norms. This is a right in an objective sense, since norms of law are created and operate independently of the will of individuals. This meaning is included in the term "law" in the phrases "Russian law", "civil law", etc.

Right - means the official recognition of the opportunities that an individual or entity, organization. So, citizens have the right to work, rest, health care, etc. Here we are talking about the right in the subjective sense, i.e. about the right belonging to an individual - the subject of law. Those. the state delegates subjective rights and establishes legal obligations in the rules of law that make up a closed perfect system.

Signs of law that distinguish it from the social norms of primitive society.

1. Law is the rules of conduct established by the state and enforced by it. The derivation of law from the state is an objective reality. If there is no connection with the state, then such a rule of conduct is not a legal norm. This connection, in some cases, manifests itself through state-sanctioned rules of conduct set by non-state actors.

2. Law is a formally defined rule of conduct. Certainty is its important attribute. Law is always the opposition to arbitrariness, lack of rights, chaos, etc., and therefore it itself must have a clearly defined form, be distinguished by normativity. Today, the principle that, if legal law is not properly formalized and brought to the attention of addressees (i.e., not published), becomes important for us, it cannot be guided in solving specific cases.

3. Law is a general rule of conduct. It is characterized by vagueness of addressees, designed for repeated use.

4. Law is a rule of conduct of a generally binding nature. It applies to everyone, from the president to the ordinary citizen. The universality of law is guaranteed by the state.

5. Law is a system of norms, which means its internal consistency, consistency and lack of gaps.

6. Law is a system of such rules of conduct that are caused by the material and cultural conditions of society. If the conditions do not allow the implementation of the requirements contained in the rules of conduct, then it is better to refrain from establishing such rules, otherwise broken norms will be adopted.

7. Law is a system of rules of conduct expressing the will of the state

A rule of law is a rule of conduct established or sanctioned by the state.

The rule of law contains a state decree, it is designed to regulate not some separate, individual relationship, but to repeatedly apply to previously undefined persons entering into certain types of social relations.

Any logically completed legal norm consists of three elements: hypotheses, dispositions and sanctions.

A hypothesis is that part of the norm, where it is about when, under what circumstances, this norm is valid.

Disposition - part of the norm, which sets out its requirement, that is, what is prohibited, what is allowed, etc.

A sanction is a part of the norm, which refers to the adverse consequences that will occur in relation to the violator of the requirements of this norm.

The system of law is a holistic structure of existing legal norms determined by the state of social relations, which is expressed in their unity, consistency and differentiation into branches and institutions. The system of law is a legal category, meaning the internal structure of the legal norms of any country.

Branch of law - a separate set of legal norms, institutions that regulate homogeneous social relations (for example, the rules of law governing land relations - a branch of land law). Branches of law are divided into separate interrelated elements - institutions of law.

The institution of law is a separate group of legal norms that regulates social relations of a particular type (the institution of property rights in civil law, the institution of citizenship in constitutional law).

Main branches of law:

Constitutional law is a branch of law that establishes the foundations of the social and state structure of the country, the foundations of the legal status of citizens, the system of state bodies and their main powers.

Administrative law - regulates the relations that develop in the process of implementing the executive and administrative activities of state bodies.

Financial law - is a set of rules governing social relations in the field of financial activity.

Land law - represents a set of rules governing social relations in the field of use and protection of land, its subsoil, waters, forests.

Civil law regulates property and related personal non-property relations. Norms civil law fix and protect various forms of ownership, determine the rights and obligations of the parties in property relations, regulate relations related to the creation of works of art and literature.

Labor law - regulate social relations in the process of human labor activity.

Family law - regulate marriage and family relations. The norms establish the conditions and procedure for entering into marriage, determine the rights and obligations of spouses, parents, and children.

Civil procedural law - regulate social relations arising in the process of consideration by the courts of civil, labor, family disputes.

Criminal law is a set of norms that establish what socially dangerous act is a crime and what punishment is applied. The norms define the concept of a crime, establish the types of crimes, the types and sizes of punishments.

The source of law is a special legal category that is used to designate the form of external expression of legal norms, the form of their existence, objectification.

There are four types of sources: legal acts, authorized customs or business practices, judicial and administrative precedents, norms of international law.

Normative legal acts are written decisions of an authorized subject of lawmaking that establish, change or repeal legal norms. Normative legal acts are classified according to various criteria:

Sanctioned customs and business practices. These sources in the Russian legal system are used in very rare cases.

Judicial and administrative precedent as sources of law is widely used in countries with the Anglo-Saxon legal system.

Norms of international law.

The legal act is official document, created by the competent authorities of the state and containing binding legal norms. This is the outward expression of the rule of law.

Classification of legal acts

By legal force:

1) laws (acts having the highest legal force);

2) by-laws (acts based on laws and not contradicting them). All normative-legal acts, except for laws, are by-laws. Example: resolutions, decrees, regulations, etc.

By entities issuing (adopting) regulatory legal acts:

acts of a referendum (direct expression of the people's will);

acts of public authorities

acts of local governments

acts of the President

acts of governing bodies

acts of officials of state and non-state bodies.

In this case, there may be acts:

adopted by one body (on issues of general jurisdiction)

jointly by several bodies (on issues of joint jurisdiction)

By branches of law (criminal law, civil law, administrative law, etc.)

By scope:

acts of external action (obligatory for all - cover all subjects (for example, federal laws, federal constitutional laws).

internal action (applies only to entities belonging to a particular ministry, persons residing in a certain territory, engaged in a certain type of activity)

Distinguish the effect of regulatory legal acts:

by circle of persons (to whom this regulatory legal act applies)

by time (entry into force - as a rule, from the moment of publication; the possibility of retroactive application)

in space (usually over the entire territory)

IN Russian Federation the following regulatory legal acts are in force, arranged by legal force: the Constitution of the Russian Federation, federal laws, regulatory legal acts of the President (decrees), the Government (decrees and orders), ministries and departments (orders, instructions). There are also: local regulatory legal acts (regulatory legal acts of state authorities of the subjects of the Russian Federation) - they are valid only on the territory of the subject; normative contract; custom.

Law: concept and varieties.

A law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations.

Classification of laws:

1) in terms of significance and legal force: constitutional federal laws and ordinary (current) federal laws. Main constitutional law the Constitution itself. Federal constitutional laws are laws that amend chapters 3-8 of the Constitution, as well as laws that are enacted according to the most important issues specified in the Constitution (Federal Constitutional Law on: Constitutional Court, Referendum, Government).

All other laws are ordinary (current).

2) according to the body adopting the law: federal laws and laws of the constituent entities of the Russian Federation (valid only on the territory of the constituent entity and cannot contradict federal laws).

3) in terms of volume and object of regulation: general (dedicated to a whole area of ​​public relations - for example, the code) and special (regulate a narrow area of ​​public relations).

Legal relations and their participants

A legal relationship is a social relationship that develops between its participants on the basis of the operation of legal norms. Relationships have the following features:

the parties to a legal relationship always have subjective rights and bear obligations;

a legal relationship is such a social relationship in which the exercise of a subjective right and the fulfillment of an obligation are provided with the possibility of state coercion;

relationship is in

State - organization of political power that manages society and ensures order and stability in it.

Main signs of the state are: the presence of a certain territory, sovereignty, a broad social base, a monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbols.

State performs internal functions among which are economic, stabilization, coordination, social, etc. There are also external functions the most important of which are the provision of defense and the establishment of international cooperation.

By form of government states are divided into monarchies (constitutional and absolute) and republics (parliamentary, presidential and mixed). Depending on the forms of government distinguish unitary states, federations and confederations.

State

State - this is a special organization of political power, which has a special apparatus (mechanism) for managing society to ensure its normal activity.

IN historical In terms of the state, the state can be defined as a social organization that has ultimate power over all people living within the boundaries of a certain territory, and has as its main goal the solution of common problems and ensuring the common good while maintaining, above all, order.

IN structural plan, the state appears as an extensive network of institutions and organizations that embody the three branches of government: legislative, executive and judicial.

Government is sovereign, that is, supreme, in relation to all organizations and persons within the country, as well as independent, independent in relation to other states. The state is the official representative of the whole society, all its members, called citizens.

The loans collected from the population and received from it are directed to the maintenance of the state apparatus of power.

The state is a universal organization, distinguished by a number of attributes and features that have no analogues.

State signs

• Coercion - state coercion is primary and priority in relation to the right to coerce other subjects within the given state and is carried out by specialized bodies in situations determined by law.
• Sovereignty - the state has the highest and unlimited power in relation to all persons and organizations operating within historically established borders.
• Universality - the state acts on behalf of the whole society and extends its power to the entire territory.

Signs of the state are the territorial organization of the population, state sovereignty, tax collection, lawmaking. The state subjugates the entire population living in a certain territory, regardless of the administrative-territorial division.

State Attributes

• Territory - defined by the boundaries separating the spheres of sovereignty of individual states.
• The population is the subjects of the state, on which its power extends and under the protection of which they are.
• Apparatus - a system of organs and the presence of a special "class of officials" through which the state functions and develops. The issuance of laws and regulations binding on the entire population of a given state is carried out by the state legislature.

The concept of the state

The state arises at a certain stage in the development of society as a political organization, as an institution of power and management of society. There are two main concepts of the emergence of the state. In accordance with the first concept, the state arises in the course of the natural development of society and the conclusion of an agreement between citizens and rulers (T. Hobbes, J. Locke). The second concept goes back to the ideas of Plato. She rejects the first and insists that the state arises as a result of the conquest (conquest) by a relatively small group of militant and organized people (tribe, race) of a significantly larger, but less organized population (D. Hume, F. Nietzsche). Obviously, in the history of mankind, both the first and the second ways of the emergence of the state took place.

As already mentioned, in the beginning the state was the only political organization in society. In the future, in the course of the development of the political system of society, other political organizations (parties, movements, blocs, etc.) also arise.

The term "state" is usually used in a broad and narrow sense.

In a broad sense the state is identified with society, with a certain country. For example, we say: "UN member states", "NATO member states", "State of India". In the above examples, the state refers to entire countries together with their peoples living in a certain territory. This idea of ​​the state dominated in antiquity and the Middle Ages.

In a narrow sense the state is understood as one of the institutions of the political system, which has supreme power in society. Such an understanding of the role and place of the state is substantiated during the formation of civil society institutions (XVIII-XIX centuries), when the political system becomes more complex and social structure society, there is a need to separate the actual state institutions and institutions from society and other non-state institutions of the political system.

The state is the main socio-political institution of society, the core of the political system. Possessing sovereign power in society, it controls the life of people, regulates relations between various social strata and classes, and is responsible for the stability of society and the security of its citizens.

The state has a complex organizational structure, which includes the following elements: legislative institutions, executive and administrative bodies, the judiciary, public order and state security, armed forces, etc. All this allows the state to perform not only the functions of managing society, but also the functions of coercion (institutionalized violence) in relation to both individual citizens and large social communities (classes, estates, nations). Yes, in the years Soviet power in the USSR, many classes and estates were actually destroyed (bourgeoisie, merchants, prosperous peasantry, etc.), and entire peoples (Chechens, Ingush, Crimean Tatars, Germans, etc.) were subjected to political repression.

State signs

The state is recognized as the main subject of political activity. WITH functional from the point of view, the state is the leading political institution that manages society and ensures order and stability in it. WITH organizational point of view, the state is an organization of political power that enters into relations with other subjects of political activity (for example, citizens). In this understanding, the state is seen as a set of political institutions (courts, system social security, army, bureaucracy, local authorities, etc.) responsible for organizing social life and funded by the community.

signs, which distinguish the state from other subjects of political activity, are as follows:

Presence of a certain territory- jurisdiction of the state (the right to administer a court and decide legal issues) is defined by its territorial boundaries. Within these boundaries, the power of the state extends to all members of society (both those who have the citizenship of the country and those who do not);

Sovereignty- the state is completely independent in internal affairs and in the conduct of foreign policy;

Variety of resources used- the state accumulates the main power resources (economic, social, spiritual, etc.) to exercise its powers;

The desire to represent the interests of the whole society - the state acts on behalf of the whole society, and not of individuals or social groups;

Monopoly on legitimate violence- the state has the right to use force to ensure the implementation of laws and punish their violators;

The right to collect taxes- the state establishes and collects various taxes and fees from the population, which are directed to finance state bodies and solve various management tasks;

The public nature of power- The state ensures the protection of public interests, not private ones. When implementing public policy usually there is no personal relationship between the authorities and citizens;

The presence of symbols- the state has its own signs of statehood - a flag, emblem, anthem, special symbols and attributes of power (for example, a crown, scepter and orb in some monarchies), etc.

In a number of contexts, the concept of "state" is perceived as close in meaning to the concepts of "country", "society", "government", but this is not so.

A country- the concept is primarily cultural and geographical. This term is usually used when talking about area, climate, natural areas, population, nationalities, religions, etc. The state is a political concept and denotes the political organization of that other country - the form of its government and structure, political regime etc.

Society is a broader concept than the state. For example, a society can be above the state (society as all of humanity) or pre-state (such are the tribe and the primitive family). On present stage the concepts of society and the state also do not coincide: public authority (say, a layer of professional managers) is relatively independent and isolated from the rest of society.

Government - only a part of the state, its highest administrative and executive body, an instrument for exercising political power. The state is a stable institution, while governments come and go.

General signs of the state

Despite all the variety of types and forms of state formations that arose earlier and currently exist, it is possible to single out common features which to some extent are typical for any state. In our opinion, these features were most fully and reasonably presented by V. P. Pugachev.

These signs include the following:

• public authority, separated from society and not coinciding with social organization; the presence of a special layer of people who carry out the political management of society;
• a certain territory (political space), delineated by the boundaries, to which the laws and powers of the state apply;
• sovereignty - supreme power over all citizens living in a certain territory, their institutions and organizations;
• monopoly on the legal use of force. Only the state has "legitimate" grounds for restricting the rights and freedoms of citizens and even depriving them of their lives. For these purposes, it has special power structures: the army, police, courts, prisons, etc. P.;
• the right to collect taxes and fees from the population, which are necessary for the maintenance of state bodies and material support state policy: defense, economic, social, etc.;
• compulsory membership in the state. A person receives citizenship from the moment of birth. Unlike membership in a party or other organizations, citizenship is a necessary attribute of any person;
• a claim to represent the whole of society as a whole and to protect common interests and goals. In reality, no state or other organization is able to fully reflect the interests of all social groups, classes and individual citizens of society.

All functions of the state can be divided into two main types: internal and external.

By doing internal functions the activity of the state is aimed at managing society, at coordinating the interests of various social strata and classes, at maintaining its power. By implementing external functions, the state acts as a subject international relations, representing a specific people, territory, and sovereign power.

Power- there is the ability and ability of some to model the behavior of others, i.e. force them to do something against their will by any means, ranging from persuasion to violence.

- the ability of a social subject (individual, group, layer) to impose and carry out their will with the help of legal and norms and a special institution - .

Power is a necessary condition for the sustainable development of society in all its spheres.

Allocate power: political, economic, spiritual family, etc. Economic power is based on the right and ability of the owner of any resources to influence the production of goods and services, spiritual - on the ability of the owners of knowledge, ideology, information to influence the change in people's consciousness.

Political power is power (the power to impose a will) transferred by the community to a social institution.

Political power can be subdivided into state, regional, local, party, corporate, clan, etc. power. State power is provided by state institutions (parliament, government, court, law enforcement agencies, etc.), as well as a legal framework. Other types of political power are provided by relevant organizations, legislation, charters and instructions, traditions and customs, public opinion.

Structural elements of power

Considering power as the ability and ability of some to model the behavior of others, you should find out where this ability comes from? Why, in the course of social interaction, people are divided into those who rule and those who are subject? In order to answer these questions, one must know what power is based on, i.e. what are its bases (sources). There are countless of them. And, nevertheless, among them there are those who are classified as universal, present in one or another proportion (or form) in any power relationship.

In this regard, it is necessary to turn to the accepted in political science classifications of grounds (sources) of power, and to understand what type of power is generated by such of them as force or the threat of force, wealth, knowledge, law, charisma, prestige, authority, etc.

Particular attention should be paid to the argumentation (evidence) of the proposition that power relations are not only relations of dependence, but also of interdependence. That, with the exception of forms of direct violence, there is no absolute power in nature. All power is relative. And it is built not only on the dependence of the subject on the ruling, but also on the ruling on the subject. Although the extent of this dependence they have different.

The closest attention is also required to clarify the essence of differences in approaches to the interpretation of power and power relations among political scientists representing different political science schools. (functionalists, systematists, behaviorists). And also what is behind the definitions of power as a characteristic of an individual, as a resource, as a construction (interpersonal, causal, philosophical), etc.

The main features of political (state) power

Political power is a kind of power complex, including both state power, which plays the role of "first violin" in it, and the power of all other institutional subjects of politics in the person of political parties, mass socio-political organizations and movements, independent media, etc.

It should also be taken into account that state power, as the most socialized form and core of political power, differs from all other powers (including political ones) in a number of ways. significant features, giving it a universal character. In this regard, one must be prepared to reveal the content of such concepts-signs of this power as universality, publicity, supremacy, monocentrism, diversity of resources, monopoly on the legitimate (i.e., provided for and stipulated by law) use of force, etc.

Such concepts as "political domination", "legality" and "legitimacy". The first of these concepts is used to denote the process of institutionalization of power, i.e. its consolidation in society as an organized force (in the form of a hierarchical system of government agencies and institutions), functionally designed to carry out general leadership and management of the social organism.

The institutionalization of power in the form of political domination means the structuring in society of relations of command and subordination, order and execution, the organizational division of managerial labor and the privileges usually associated with it, on the one hand, and executive activity, on the other.

As for the concepts of "legality" and "legitimacy", although the etymology of these concepts is similar (in French, the words "legal" and "legitime" are translated as legal), in terms of content they are not synonymous concepts. First the concept (legality) emphasizes the legal aspects of power and acts as an integral part of political domination, i.e. legally regulated consolidation (institutionalization) of power and its functioning in the form of a hierarchical system of state bodies and institutions. With clearly defined steps of order and execution.

Legitimacy of political power

- political property of a public authority, meaning the recognition by the majority of citizens of the correctness and legality of its formation and functioning. Any power based on popular consensus is legitimate.

Power and power relations

Many people, including some political scientists, believe that the struggle to acquire power, its distribution, retention and use constitute essence of politics. This point of view was held, for example, by the German sociologist M. Weber. One way or another, the doctrine of power has become one of the most important in political science.

Power in general is the ability of one subject to impose its will on other subjects.

Power is not just the relationship of someone with someone, it is always asymmetrical, i.e. unequal, dependent, allowing one individual to influence and change the behavior of another.

Foundations of power in the very general view act unmet needs some and the possibility of their satisfaction by others on certain conditions.

Power is a necessary attribute of any organization, any human group. Without power, there is no organization and no order. in any joint activities of people there are those who command and those who obey them; those who make decisions and those who execute them. Power is characterized by the activities of those who govern.

Sources of power:

• authority- power as a force of habit, traditions, interned cultural values;
• force- “naked power”, in the arsenal of which there is nothing but violence and suppression;
• wealth- stimulating, rewarding power, which includes negative sanctions for uncomfortable behavior;
• knowledge- the power of competence, professionalism, the so-called "expert power";
• charisma- leader's power, built on the deification of the leader, endowing him with supernatural abilities;
• prestige- identifying (identifying) power, etc.

The need for power

The social nature of people's lives turns power into a social phenomenon. Power is expressed in the ability of united people to ensure the achievement of their agreed goals, to assert generally accepted values ​​and to interact. In undeveloped communities, power is dissolved, it belongs to everyone together and to no one in particular. But already here public power acquires the character of the community's right to influence the behavior of individuals. However, the inevitable difference of interests in any society violates political communication, cooperation, consistency. This leads to the decay of this form of power due to its low efficiency, and ultimately to the loss of the ability to achieve agreed goals. In this case, the real prospect is the collapse of this community.

To prevent this from happening, public power is transferred to elected or appointed people - the rulers. rulers receive from the community powers (full power, public power) to manage social relations, that is, to change the activity of subjects in accordance with law. The need for management is explained by the fact that people in relations with each other are very often guided not by reason, but by passions, which leads to the loss of the goal of the community. Therefore, the ruler must have the power to keep people within the framework of an organized community, to exclude extreme manifestations of selfishness and aggression in social relations, ensuring the survival of all.

Political public power is the defining feature of the state. The term "power" means the ability to influence in the right direction, to subordinate one's will, to impose it on those under one's control. Such relations are established between the population and a special layer of people who govern it - they are otherwise called officials, bureaucrats, managers, political elite, and so on. The power of the political elite has an institutionalized character, that is, it is exercised through bodies and institutions united in a single hierarchical system. The apparatus or mechanism of the state is the material expression of state power. To the most important government bodies include legislative, executive, judicial bodies, but a special place in the apparatus of the state has always been occupied by bodies that carry out coercive, including punitive functions - the army, police, gendarmerie, prison and correctional labor institutions. hallmark of government from other types of power (political, party, family) is its publicity or universality, universality, obligatory nature of its instructions.

The sign of publicity means, firstly, that the state is a special power that does not merge with society, but stands above it. Secondly, the state power outwardly and officially represents the whole society. Universality of state power means its ability to resolve any issues affecting common interests. The stability of state power, its ability to make decisions, to implement them, depends on its legitimacy. Legitimacy of power means, firstly, its legitimacy, that is, the establishment by means and methods that are recognized as fair, proper, lawful, moral, secondly, its support by the population and, thirdly, its international recognition.

Only the state has the right to issue legal acts binding for general implementation.

Without law, legislation, the state is not able to effectively manage society. The law allows the authorities to make their decisions binding on the population of the entire country in order to direct the behavior of the people in the right direction. Being the official representative of the whole society, the state, when necessary, demands legal norms with the help of special bodies - courts, administrations, and so on.

Only the state collects taxes and fees from the population.

Taxes are obligatory and gratuitous payments collected within a predetermined period in a certain amount. Taxes are necessary for the maintenance of governing bodies, law enforcement, army, to maintain the social sphere, to create reserves in case of emergencies and to carry out other general affairs.

From theory and practice, we know about a wide variety of types and forms of states. But they all have similar elements. The state stands out among other social formations with special features and characteristics inherent only to it.

The state is an organization of the political power of society, covering a certain territory, acting simultaneously as a means of ensuring the interests of the whole society and a special mechanism for control and suppression.

State features are:

♦ presence of public authority;

♦ sovereignty;

♦ territory and administrative-territorial division;

♦ legal system;

♦ citizenship;

♦ taxes and fees.

public authority includes a combination of the control apparatus and the apparatus of suppression.

Manadgement Department- bodies of legislative and executive power and other bodies with the help of which management is carried out.

suppression apparatus- special bodies that are competent and have the strength and means to enforce the state will:

Security agencies and police (militia);

Courts and prosecutors;

The system of correctional institutions (prisons, colonies, etc.).

Peculiarities public authority:

◊ separated from society;

◊ does not have a public character and is not directly controlled by the people (control over power in the pre-state period);

◊ most often expresses the interests not of the whole society, but of a certain part of it (class, social group, etc.), often of the administrative apparatus itself;

◊ carried out by a special layer of people (officials, deputies, etc.) endowed with state powers, specially trained for this, for whom management (suppression) is the main activity, who do not directly participate in social production;

◊ based on written formalized law;

◊ backed by the coercive power of the state.

The presence of a special apparatus of coercion. Only the state has a court, a prosecutor's office, internal affairs agencies, etc., and material appendages (army, prisons, etc.) that ensure the implementation of state decisions, including by necessity and coercive means. To perform the functions of the state, one part of the apparatus serves the legislation, enforcement of laws and judicial protection of citizens, and the other maintains the internal legal order and ensures the external security of the state.

As a form of society, the state acts simultaneously as a structure and mechanism of public self-government. Therefore, the openness of the state to society and the degree of involvement of citizens in state affairs characterize the level of development of the state as democratic and legal.

state sovereignty- independence of the power of this state from any other power. State sovereignty can be internal and external.

Interior sovereignty - the full extension of the state's jurisdiction over its entire territory and the exclusive right to make laws, independence from any other power within the country, supremacy in relation to any other organizations.

External sovereignty - complete independence in the foreign policy activities of the state, i.e. independence from other states in international relations.

It is through the state that international relations are maintained, and the state is perceived on the world stage as an independent and independent structure.

State sovereignty should not be confused with popular sovereignty. Popular sovereignty is the basic principle of democracy, which means that power belongs to the people and comes from the people. The state can partially limit its sovereignty (join international unions, organizations), but without sovereignty (for example, during occupation), it cannot be full-fledged.

The division of the population into territories

The territory of the state is the space to which its jurisdiction extends. The territory usually has a special division called administrative-territorial (regions, provinces, departments, etc.). This is done for ease of management.

At the present time (as opposed to the pre-state period), it is important that a person belongs to a certain territory, and not to a tribe or clan. In the conditions of the state, the population is divided on the basis of residence in a certain territory. This is connected both with the need to levy taxes and with the best conditions for governance, since the decomposition of the primitive communal system leads to constant displacement of people.

By uniting all people living in the same territory, the state is the spokesman for common interests and determines the purpose of the life of the entire community within the boundaries of the state.

Legal system- the legal "skeleton" of the state. The state, its institutions, power are enshrined in law and act (in a civilized society), relying on law and legal means. Only the state has the right to issue normative acts binding for general execution: laws, decrees, resolutions, etc.

Citizenship- a stable legal relationship of persons residing in the territory of the state with this state, expressed in the presence of mutual rights, duties and responsibilities.

The state is the only organization of power on a national scale. No other organization (political, public, etc.) covers the entire population. Each person, by virtue of his birth, establishes a certain connection with the state, becoming its citizen or subject, and acquires, on the one hand, the obligation to obey state-powerful decrees, and on the other hand, the right to patronage and protection of the state. The institution of citizenship in the legal sense equalizes people among themselves and makes them equal in relation to the state.

Taxes and fees- the material basis for the activities of the state and its bodies - funds collected from individuals and legal entities located in the state to ensure the activities of public authorities, social support for the poor, etc.

The essence of the state is What:

~ is a territorial organization of people:

~ this overcomes tribal ("blood") relationships and is replaced by social relations;

~ a structure is created that is neutral to the national, religious and social characteristics of people.