A political organization that controls the population of a certain territory. Rule of law State is an organization of political power that manages society and protects its economic and social structure.

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

The state fulfills internal functions, among which are economic, stabilization, coordination, social, etc. There are also external functions, the most important of which are ensuring defense and establishing international cooperation.

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

State

The state is a special organization political power, which has a special apparatus (mechanism) for managing the company to ensure its normal activities.

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

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

State power is sovereign, i.e. supreme, in relation to all organizations and individuals within the country, as well as independent, independent in relation to other states. The state is the official representative of the entire society, all its members, called citizens.

Charged from the population taxes and loans received from him are used to maintain the state apparatus of power.

The state is a universal organization, distinguished by a number of unparalleled attributes and characteristics.

Signs of the state

§ Coercion - state coercion is primary and has priority over the right to coerce other entities within a 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 individuals and organizations operating within historically established boundaries.

§ Universality - the state acts on behalf of the entire society and extends its power to the entire territory.

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

Attributes of the state

§ Territory - determined by the boundaries separating the spheres of sovereignty of individual states.

§ Population - subjects of the state to whom its power extends and under whose protection they are.

§ Apparatus - a system of organs and the presence of a special “class of officials” through which the state functions and develops. The publication of laws and regulations that are binding on the entire population of a given state is carried out by the state legislative body.

Secondly, the state is a special organization of political power that has a special apparatus (mechanism) for managing society to ensure its normal functioning. The mechanism of the state is the material expression state power. Through a whole system of its bodies and institutions, the state directly manages society, consolidates and implements a certain regime of political power, and protects the inviolability of its borders.

Parts of the state mechanism, diverse in their structure and tasks, are united by a common purpose: to ensure the protection and functioning of society and its members in accordance with the law. To the most important government agencies, which to one degree or another were inherent in all historical types and varieties of the state, include legislative, executive and judicial. A special place The mechanism of the state has always been occupied by bodies that carry out coercive, including punitive functions: the army, police, gendarmerie, prisons and correctional labor institutions.

The mechanism of the state is not a constant. At various stages social development State bodies change structurally and solve problems that are different in their specific content. However, these changes and differences do not exclude common elements, which are inherent in the mechanism of any state.

Thirdly, the state organizes public life on a legal basis. Legal forms of organizing the life of society are inherent specifically in the state. Without law and legislation, the state is unable to effectively lead society and ensure the unconditional implementation of decisions made. Among the many political organizations only the state, through its competent authorities, issues orders that are binding on the entire population of the country. Being official representative of the entire society, the state, if necessary, enforces the requirements of legal norms with the help of its special bodies (courts, administration and others).

Fourthly, the state is a sovereign organization of power. This is what makes it different from others political entities society.

State sovereignty- this is a property of state power that is expressed in the supremacy and independence of a given state in relation to any other authorities within the country, as well as in the sphere of interstate relations in strict compliance with generally accepted norms of international law.

Sovereignty is a collective sign of a state. It concentrates all the most essential features government organization society. The independence and supremacy of state power is specifically expressed in the following:

in universality - only decisions of state power apply to the entire population and public organizations of a given country;

in the prerogative - the possibility of canceling and invalidating any illegal manifestation of another public power;

in stock special means influences that no other public organization.

The supremacy of state power does not at all exclude its interaction with non-state political organizations when resolving various issues of state and public life. In the sovereignty of the state, the sovereignty of the people, in whose interests the state governs society, finds its political and legal expression.

Under certain conditions, the sovereignty of the state coincides with the sovereignty of the people. The sovereignty of the people means the supremacy of the people, their right to decide their own destiny, fundamental issues of state and social development, to shape the direction of the policy of their state, the composition of its bodies, and to control the activities of state power.

The concept of state sovereignty is closely related to the concept of national sovereignty. National sovereignty means the right of nations to self-determination up to and including secession and the formation of an independent state. In multinational states formed through the voluntary association of nations, the sovereignty exercised by this complex state cannot be the sovereignty of the nation alone.

These are the most general signs states, characterizing it as a specific organization of society. The signs themselves do not yet provide a complete picture of the essence and social purpose of the state in its historical development. With the improvement of social life, of man himself, with the growth of his social, political and moral maturity, the state also changes. Its general features, while remaining unchanged in principle, are filled with new, more rational content. The essence of the state is enriched, obsolete ones die out and more progressive functions and forms of its activity appear, corresponding to the objective needs of social development.

The essence of the state as a social phenomenon is, figuratively speaking, a multifaceted core, which consists of many interconnected internal and external aspects, giving it the qualitative certainty of a universal control system. To reveal the essence of the state means to identify the main thing that determines its objective necessity in society, to understand why society cannot exist and develop without the state.

The most important, qualitatively constant feature of the state is that it, in all its varieties, always acts as the only organization of political power that governs the entire society. In a scientific and practical sense, all power is management. State power is special kind management, characterized by the fact that, along with colossal organizational capabilities, it also has the right to use violent coercion to carry out state orders.

The state arises as a class organization of political power. This position has been directly or indirectly proven by world science and historical practice. Indeed, the slave state in its essence was a political organization of slave owners. Although to some extent it protected the interests of all free citizens. The feudal state is an organ of political power primarily of feudal lords, as well as other wealthy classes (merchants, artisans, clergy). The capitalist state in the first (classical) stages of its development acted as an organ for expressing the interests of the bourgeoisie.

Analysis of certain economic and social patterns of the emergence and functioning of the state, mainly from a class position, made it possible to give a “universal” definition of the essence of the state, covering all historical types of states, including modern ones.

The peculiarity of the historical types of states preceding modernity is that they mainly expressed economic interests minorities (slave owners, feudal lords, capitalists).

Thus, due to objective reasons, the state turns primarily into the organizing force of society, which expresses and protects personal and common interests its members.

Private property, which has become an objective factor in the emergence of the state, is also a constant companion in the process of its development. As social life improves, forms of property, including private property, become more diverse. The property of the minority gradually turns into the property of the majority. As a result of revolutionary and evolutionary transformations of property relations, the socio-economic essence of the state, its goals and objectives also changes. With the formation of state, collective, joint-stock, cooperative, farmer, individual and other forms of ownership, private property, that is, individual property, began to acquire new qualitative features.

Social purpose of the state flows from it essence. What is essence state, such is the nature of its activities, such are the goals and objectives that it sets for itself. We can talk about the social purpose of the state in general, abstracting from those historically transitory tasks that it solved at one or another stage of the development of society. Attempts to determine social purpose states for historical perspective were undertaken by thinkers different eras and various scientific directions. Thus, Plato and Aristotle believed that the purpose of any state is affirmation of morality. Later, this view of the social purpose of the state was supported and developed by Hegel. Representatives of the contractual theory of the origin of the state saw in its existence common good(Grotius); general security(Hobbes); general freedom(Rousseau). Lassalle also saw the main task of the state in development and implementation of human freedom

So, views on the social purpose of the state are determined by those objective conditions that are characteristic of this level development of society. As they change, views on the social purpose of the state also change.

At the same time, the content of state activities in certain historical periods significant influence provide and subjective factors. These include, first of all, the truth of a certain theory, its universality, the ability to foresee a historical perspective, possible changes in social life, and its implementation in the practice of state building.

While still the main governing system of society, the state is beginning to increasingly turn into an organ for overcoming social contradictions, taking into account and coordinating the interests of various groups of the population, and implementing decisions that would be supported by various social strata. In the activities of the state, such important general democratic institutions as the separation of powers, the rule of law, transparency, pluralism of opinions, begin to come to the fore. high role court.

The role of the state in the international arena is changing significantly, its external activities, requiring mutual concessions, compromises, and reasonable agreements with other states.

All this gives reason to characterize the modern civilized state as a means of social compromise (by content) and as a rule of law state (according to form).

These include: 1) territory. The state is a single territorial organization of political power throughout the country. State power extends to the entire population within a certain territory, which entails the administrative-territorial division of the state. These territorial units are called different countries in different ways: districts, regions, territories, districts, provinces, districts, municipalities, counties, provinces, etc. Exercising power over territorial principle leads to the establishment of its spatial limits - the state border, which separates one state from another; 2) population. This feature characterizes people’s belonging to a given society and state, composition, citizenship, the order of its acquisition and loss, etc. It is “through the population” that within the framework of the state, people are united and they act as an integral organism - society; 3) public power. The state is a special organization of political power that has a special apparatus (mechanism) for managing society to ensure its normal functioning. The primary cell of this apparatus is the state body. Along with the apparatus of power and administration, the state has a special apparatus of coercion, consisting of the army, police, gendarmerie, intelligence, etc. in the form of various compulsory institutions (prisons, camps, hard labor, etc.). Through the system of its bodies and institutions, the state directly manages society and protects the inviolability of its borders. The most important government bodies, which to one degree or another were inherent in all historical types and varieties of the state, include legislative, executive and judicial. At various stages of social development, state bodies change structurally and solve problems that are different in their specific content; 4) sovereignty. The state is a sovereign organization of power. State sovereignty is a property of state power that is expressed in the supremacy and independence of a given state in relation to any other authorities within the country, as well as. its independence in the international arena, subject to non-violation of the sovereignty of other states. The independence and supremacy of state power are expressed in the following: a) universality - only decisions of state power apply to the entire population and public organizations of a given country; b) prerogative - the possibility of canceling and invalidating any illegal act of another public authority: c) the presence of special means of influence (coercion) that no other public organization has at its disposal. Under certain conditions, the sovereignty of the state coincides with the sovereignty of the people. The sovereignty of the people means supremacy, their right to decide their own destiny, to shape the direction of the policy of their state, the composition of its bodies, and to control the activities of state power. The concept of state sovereignty is closely related to the concept of national sovereignty. National sovereignty means the right of nations to self-determination, up to and including secession and the formation of independent states. Sovereignty can be formal when it is proclaimed legally and politically, but is not actually implemented due to dependence on another state dictating its will. A forced limitation of sovereignty takes place, for example, in relation to those defeated in a war by the victorious states, by decision of the international community (UN). Voluntary limitation of sovereignty can be allowed by the state itself by mutual agreement to achieve common goals, when uniting in a federation, etc.; 5) publication of legal norms. The state organizes public life on a legal basis. Without law and legislation, the state is unable to effectively lead society and ensure the unconditional implementation of the decisions it makes. Among the many political organizations, only the state, represented by its competent bodies, issues orders that are binding on the entire population of the country, in contrast to other norms of public life (moral norms, customs, traditions). Legal norms are ensured by measures of state coercion with the help of special bodies (courts, administration, etc.); 6) mandatory fees from citizens - taxes, taxes, loans. The state establishes them for maintenance public authority. Mandatory fees are used by the state to maintain the army, police and other compulsory bodies, the state apparatus, etc. for other government programs (education, healthcare, culture, sports, etc.); 7) state symbols. Each state has official name, anthem, coat of arms, flag, memorable dates, public holidays that differ from the same attributes of other states. The state establishes the rules of official behavior, forms of people addressing each other, greetings, etc.

And law are inextricably linked. Law is a set of rules of conduct that are beneficial to the state and approved by it through the adoption of legislation. The state cannot do without law, which serves its state and ensures its interests. In turn, law cannot arise outside of the state, since only state legislative bodies can adopt generally binding rules of conduct requiring their enforcement. The state introduces enforcement measures to comply with the law.

The study of state and law should begin with the concept and origin of the state.

The state is a special organization of political power that has a special apparatus (mechanism) for managing society to ensure its normal functioning. The main features of the state are the territorial organization of the population, state sovereignty, tax collection, and lawmaking. The state subjugates the entire population living in a certain territory, regardless of administrative-territorial division.

Under form of government refers to the organization of the highest bodies of state power (the order of their formation, relationships, the degree of participation of the masses in their formation and activities).

Form of government

By form of government differentiate monarchy And republic

In a monarchical form of government, the state is headed by a monarch (king, emperor, czar, shah, etc.), whose power can be unlimited (absolute monarchy) and limited (constitutional, parliamentary monarchy).

Example absolute monarchy can serve the monarchy in Oman, United United Arab Emirates, Saudi Arabia. Limited monarchies exist in Great Britain, Sweden, Norway, Japan and other countries.

The features of a monarchical form of government are:

The power of the monarch is lifelong, a hereditary order of succession operates (history knows exceptions: a regicide becomes king), the will of the monarch is unlimited (he is considered God’s anointed), and the monarch does not bear responsibility.

Republican the form of government has following signs: election of the head of the republic by an elected body (parliament, federal assembly, etc.) for a certain period of time, collegial nature of government power, legal responsibility of the head of state under the law.

IN modern conditions There are different republics: parliamentary, presidential, mixed.

TO anti-democratic regimes include fascist, authoritarian, totalitarian, racist-nationalist, etc. The regime in Hitler's Germany was both fascist and racist.

In a democracy, there is a desire to create a rule of law state. Rule of law- this is a form of organization and activity of state power, which is built in relationships with individuals and their various associations on the basis of legal norms*

*Cm.: Khropanyuk V.N. Theory of state and law. - M.: IPP. "Fatherland", 1993. P. 56 ff.

The presence and operation of legislation does not yet indicate the existence of legal statehood in society. Russian state has the goal of becoming legal. Russia is a democratic federal state with a republican form of government.

The signs of a rule of law state in a democracy are considered in the legal literature in different ways. So, S.S. Alekseev includes among them: the performance of legislative and control functions by representative bodies; the presence of state power, including executive power; the presence of municipal self-government; subordination of all branches of government to the law; independent and strong judiciary; assertion in society of inalienable, fundamental human rights and freedoms *

V.A. Chetvernin contrasts the concepts of “rule of law” and “state of legality”, believing that the rule of law cannot but limit subjective rights *.

* Cm.: Chetvernin V.A. The concept of law and state. - M.: Publishing house. Case, 1997. pp. 97-98.* See: Fundamentals of Law Russian Federation./ Edited by V.I. . Zueva. - M.: MIPP, 1997. P. 35.

The theory of the rule of law in Russian legal literature has not yet been fully formed. Foreign theory and practice of the concept of the rule of law are largely used.

A rule of law should be characterized by the rule of law, the division of powers into legislative, executive and judicial, subordination to the law of the state itself and its bodies, mutual responsibility of the state and the individual, the development of local self-government, etc.

Krylova Z.G. Fundamentals of law. 2010