The state has special political power that is. Collection of ideal social studies essays

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State, the main instrument of political power in a class society. In a broader sense, government is understood as a political form of organization of social life, which develops as a result of the emergence and activity of public authority- a special management system that manages the main areas public life and relying, if necessary, on the power of coercion. Since G. is built according to territorial principle, this term is sometimes inaccurately used as a synonym for the concept of “country”. Various types of government are known: slaveholding, feudal, bourgeois, socialist; various forms of organization of G. - monarchy, republic.

The main features of government: 1) the presence of a special system of bodies and institutions that together form the mechanism of government. 2) the presence of law, that is, mandatory rules of behavior established or sanctioned by government. With the help of law, government as political power consolidates a certain order social relations, as well as the structure and order of operation of the state mechanism; 3) availability certain territory, within which the given state power is limited. Acting as a territorial organization, Germany actively contributed to the process of nation formation.

G. is the main, but not the only political institution of class society; Along with government, in a developed society there are various parties, unions, religious associations, etc., which together with government form the political organization of society. The difference between G. and other political institutions of class society is that it belongs to supreme authority in society (sovereignty of state power). The supremacy of state power is specifically expressed in universality (its power extends to the entire population and public organizations of a given country), prerogatives (state power can cancel any manifestation of any other public power), as well as the presence of such means of influence that no other public power can use. does not have (for example, monopoly of legislation, justice).

G. is a social phenomenon limited by a certain historical framework. The primitive communal system did not know G. It arises as a result of the social division of labor, the emergence of private property and the split of society into classes. The economically dominant classes need to protect their privileges and consolidate the system of exploitation in a special power mechanism of political domination, which is what G. and his apparatus were. With the advent of government, this mechanism no longer coincides with society, as if it stands above it and is maintained at the expense of society (taxes, fees). No matter how different historical forms G., state power and the organization of the apparatus of G.. its essence, the nature of its relations with society is the political power of the ruling class (dictatorship of the class). With the help of government, the classes that own the means of production become politically dominant and thereby consolidate their economic and social dominance and leading role within a given society and in its relations with other societies and countries.

G., thus, is ultimately determined by the nature industrial relations and the production method in general. In the course of history, G. acquires independence. Its independent impact on the main spheres of society, historical and social processes very significant and is carried out in different directions, i.e. G. can contribute to the development of social relations or, conversely, slow it down. As state-organized society becomes more complex, the role of this influence increases.

44. Functions of the state. The concept of political power. Forms of power.

State- this is a system of organs of society that ensures the organized internal legal life of the people as a whole, protects the rights of its citizens, carries out the normal functioning of the institutions of power - legislative, judicial and executive, controls its territory, protects its people from external threats, guarantees the fulfillment of obligations to others states, preserves natural environment And cultural values, contributing to the survival of society and its progress. Signs: 1) Separation of public power from society, 2) Territory limited by a clearly defined border, 3) Sovereignty, 4) The right to collect taxes and fees from the population, 5) Mandatory citizenship. Functions of the state (internal): 1) Political

2) Economic

3) Social

4) Ideological

5) Cultural and educational

6) Ecological

7) Protection of the rights of citizens (According to lectures: 1Regulation of relations between layers, 2 Management of the general affairs of citizens living in a given territory and organizing in a state, functions are carried out through tasks 1-7)

1) Border protection

2) Integration into world economy

3) Protection international security

Politics - represents participation in state affairs, in determining the direction

its functioning, in determining the forms, tasks and content of activities

states. The purpose of the policy is to maintain or create the most acceptable

for certain social strata or classes, as well as society as a whole, conditions and

ways of exercising power. Political power- this is a subtle art

public administration. It is a collection of elements

who are officially recognized executors of political power (state apparatus,

political parties, movements, trade unions). These are the main elements of a ramified mechanism, with

through which political power is exercised in society.

Power- is always the organized will and power of any subjects, aimed at

people, regardless of their attitudes regarding such influence.

There are monarchical and republican forms of government. Monarchy- This

a state whose head is a monarch; there is an autocratic or

limited power of one person (king, king, emperor), which is usually

is inherited and birth determines who will be the ruler. Republic -

form of government carried out by elected bodies, i.e. legally source

The popular majority is in power. A republic presupposes a legal order,

transparency and separation of powers.

Oligarchy - form of government in which government power is vested in

a small group of people, usually the most economically powerful.

Despotism- form government system and rule, under which the autocratic

the ruler has unlimited control in the state, acting in relation to

subject as lord and master.

Democracy - state uniform, in which supreme power belongs to everything

Theocracy- a form of state in which both political and spiritual power

concentrated in the hands of the clergy (church).

45 Political and legal consciousness, their role in social life.

Political consciousness arose in antiquity as a response to real need in understanding such new phenomena as the state and state power, cat. first arose with the split of society into anthological classes. Since the social division of labor leads to the emergence of classes, and therefore to sharp differences in the conditions, their life and activities, there is a need to maintain the existing class structure through state power, cat. most often, it naturally expresses the interests of the ruling class. Thus, political consciousness is a reflection production and economic and social relations of classes in their total relation to state power. This conditioning by direct economic and class interests is the specificity of political consciousness. The structure of state power is the central problem of political thinking. The political struggle to determine the structure, tasks and content of the state’s activities has historically taken on a variety of forms, starting from public discussion social problems, from parliamentary discussions and economic demands leading to private reforms, and ending with violent coups d'etat, social revolutions.

(2var) Exactly political interests most often they are the core of all socially active associations, and even more so of social clashes. Not only the socio-political, but also the spiritual life of society depends on political interests.

Until classes (= the problem of state power) disappear, all the aspirations of the human spirit will be drawn, consciously or violently, into political contradictions. Legal consciousness- this is the form of social consciousness in which knowledge and assessment of what is accepted in a given society as legal laws normative social -economic activity various subjects of law (individuals, enterprises, work collectives, organizations, officials, etc.). Legal consciousness is, as it were, intermediate between political and moral consciousness. If political consciousness is formed depending on objective socio-economic interests. then legal consciousness in to a greater extent focuses on rational and moral assessments.

The internal closeness of legal consciousness with rational and moral categories has historical reasons. In a classless primitive society with its mythological worldview, laws were considered as a moral tradition; they “took the form of institutions sanctioned by the gods” (Hegel).

The legal consciousness of society is always support for the very idea of ​​regulated relations between the individual and the state, cat. are recognized as necessary to maintain society against the forces of anarchy.cat. need to be known and observed, but cannot be considered absolute, that is, free from critical assessment. Political and legal consciousness exist both at the socio-practical and at the theoretical levels.

Introduction

Human society is in a process of constant change, which occurs under the influence various factors. Social relationships between people become more complex, new needs appear, and, accordingly, types of activities that satisfy them appear. Therefore, the question of how society adapts to changing conditions is always relevant. The answer to it will reveal the mechanisms of adaptation of society that form the basis of its viability and stability. The ability of society to respond to the needs of individuals and to adapt to changing conditions is ensured by the political system. Thanks to the action of political institutions and structures, the political system influences various aspects of the life of society. The operation of the mechanisms of the political system is based on the ability to distribute values ​​and resources within society by means of authority, to prescribe certain norms of behavior and standards to the population. In this regard, the political system also includes the interaction of the ruler and the ruled. Thus, the political system is a characteristic of the relationship between the state and society.

The concept and essence of the political system of the Republic

Belarus

The term “political system” was introduced into constitutional law by the Bulgarian constitution of 1971, which enshrined some principles of the “socialist political system”. The term was subsequently used in the constitutions of El Salvador 1983, Nicaragua 1987 and Ethiopia 1987 (the latter is currently defunct). The 1977 USSR Constitution contained an entire chapter devoted to the political system. In the vast majority of the constitutions of the countries of the world, the term “political system” is not used, but they all regulate one or another of its links, sides, elements: the state, the political regime, often political parties, sometimes political ideology. Therefore, the political system is traditionally the object of study of constitutional law, although long time Only its individual aspects were studied, and only in the last two decades has it become the object of study as a complex constitutional and legal institution.

Constitutional legislation does not contain a definition of the political system, and in modern social science (mainly in political science) there are two approaches to this concept. The structural-functional approach in its behaviorist (behavioral) interpretation, formed on the basis of American political science, considers the political system as political behavior, a process within various human groups: parties, trade unions, firms, clubs, cities, etc. From this point of view, in any society there are many political (parapolitical) systems that are not necessarily associated with state power.

The institutional approach, represented in particular by French political science (although in recent years and it is significantly influenced by American post-behaviorism), based on the existence in any state-organized society of one political system, which is associated with state power. Along with such institutions as the state, parties, etc., the concept of a political system usually includes a political regime, although some French political scientists identify the system with the regime, while others interpret it very broadly, understanding by it the entire political (and sometimes not only the political) ) life. In domestic literature, a political system is defined as a universal control system of a socially asymmetric society, the components of which (institutional - parties, state, etc., normative - political norms, including relevant branches and institutions of law, functional - political regime, ideological - political ideology) are united into a dialectically contradictory, but integral formation by “secondary” political relations - between the links of the system (“primary” political relations are the relations between large social communities of a given country). Ultimately, the political system regulates the production and distribution of social benefits between various communities and individuals based on the use of state power, participation in it, and the struggle for it.

Countries' constitutions contain provisions related to the political system. They proclaim the power of the people. In fact, the main role in political power in developed countries plays " middle class", who has good living conditions and is interested in political stability, and the real levers of power are in the hands of the political elite of society. In a number of developing countries, political power belongs to a broader segment of the population, including the beginnings of the emerging “middle class,” or a narrow group ( political elite), which is not bound by the pressure of various segments of the population and acts in selfish interests (some countries Tropical Africa, Oceania).

State power in all countries is exercised by the relevant state bodies. They will be discussed below.

IN scientific literature There are many classifications of political systems. There are socialist, bourgeois-democratic and bourgeois-authoritarian political systems, political systems in countries of socialist and capitalist orientation, one-party, two-party and multi-party systems, etc. The most recognized is the division of political systems into democratic, authoritarian and totalitarian. IN democratic systems the main structural principle is pluralism, and the functional one is role autonomy. There is a multi-party system (often there are more than a hundred or even a thousand parties, for example in Japan, among them the smallest), and political opposition parties are allowed (the principle of competition is sometimes enshrined in constitutions, for example, in the Czech Republic); the separation of powers is recognized (along with the principles of checks and balances and interaction between the branches of government); there are several decision-making centers; the right of decision-making by the majority and the protection of minority rights are recognized; fundamental human and civil rights are exercised; the principle of legal equality has been proclaimed and implemented; the ideas of the rule of law and legality are recognized and implemented; there is ideological pluralism; the election method is decisive in the formation of government leadership and various political associations; The main methods of resolving conflicts are compromise and consensus. In short, this system contains all the basic elements of democracy. This is an open system, and various segments of the population, “interest groups”, parties can achieve concessions, solve their problems with the help of various forms peaceful pressure on state power. Changes in political groups and persons at the levers of power are carried out through free elections.

In an authoritarian system, the principles of pluralism and role autonomy may not be denied, but in fact they are reduced to a minimum. These principles apply only to a small part of society. One-party system has not been introduced, but only certain activities are allowed political parties and organizations. The permitted parties are not genuine political opposition, but pro-government parties, a loyal quasi-opposition. Although there is a parliament and judiciary, however, the separation of powers, sometimes mentioned in the constitution, does not exist in practice: the executive branch is completely dominant, headed by a president re-elected 5, 6, or even 8 times (Paraguay), who actually, and sometimes legally, heads the ruling party and accepts everything major decisions; constitutions declare basic human and civil rights, but many of them are actually limited or not respected (some parties and publications are banned); socio-economic rights are not ensured/personal rights of citizens are violated by the all-powerful administrative apparatus; when forming various types of bodies, the principle of appointment often dominates, and elections in the context of a ban on opposition parties and publications give distorted results; there is an official dominant ideology enshrined in the constitution, although deviation from it is still not punishable by criminal law; when resolving conflicts, compromises are rarely used; the main method of resolving contradictions is violence (in the East the principle of consensus dominates, but this applies only to the regulation of relations in parliament, among the ruling elite and is not applied to the opposition part of the population).

In short, under this political system there are only minor elements of democracy, and even then in the texts of constitutions, but not in practice. It is almost a closed, semi-closed system. The opposition is virtually excluded from it; it is difficult for it to organize peaceful pressure on the state authorities in order to achieve certain concessions, and the state authorities respond to mass protests with brutal reprisals. But some elements of opposition may still be allowed.

Under the conditions of a totalitarian system, even limited pluralism is eliminated; there is no role autonomy for parts of the political system. A single, united total organization is created, linking together the state, the ruling party, and sometimes other authorized parties. The center for making all socially significant decisions is the top of the ruling party, essentially the only legal party (sometimes some small parties are allowed, but they recognize the leading role of the ruling party in society and the state and are its unique branches). In some countries, under the conditions of a religious-totalitarian system, all parties are prohibited (Kuwait, UAE, Saudi Arabia, Swaziland, etc.). They are usually prohibited during military coups, when military totalitarianism is established. Public organizations are viewed as the “transmission belts” of the party, and the state is often seen as its technical apparatus. The concept of separation of powers is rejected, the idea of ​​unity of power dominates, headed by the Fuhrer, Duce, Caudillo, “President for Life.” Sometimes he is not proclaimed a lifer and is re-elected, but in fact remains in place until his death, ruling the country, in particular, with the help of the Politburo of the ruling party. It happens that the basic rights of a person and, in particular, a citizen are directly limited by law (for example, in accordance with the racist ideology of the regime, as was the case in South Africa) or proclaimed in constitutions, but are not actually implemented (repression of dissidents, placement of dissidents in psychiatric hospitals , the punitive role of all-powerful committees and ministries state security etc.). In fact, the principle of appointment prevails, only outwardly covered by elections, since only candidates from the ruling party are offered for election. Under a totalitarian system, there is a mandatory ideology (the idea of ​​the “Aryan race” under fascism). Criticism of this ideology is not permitted and will result in punishment. A totalitarian system is a closed, closed system. Only illegal, underground opposition is possible, the activities of which are criminally punishable; it cannot exert peaceful pressure on state power, its leaders are expelled from the country and put in prisons and psychiatric hospitals.

Along with the three main types of political systems and within them, there are other gradations. Some countries have semi-democratic systems, while others have totalitarian systems under military regimes (for example, Haiti, Nigeria).

The state as a political organization of society. Organs

State power

Each structural element of the political system is a subject of social relations, which, depending on their content, occupies one or another place in the organization of society. Due to the difference in the content of social relations, their subjects - elements of the political system - have different competencies.

In the legal literature, there is a consensus that the state has a decisive place in the political system of society. However, in this context, the state should be considered not as a collection of disparate government bodies, but as an integral political institution.

Why does the state act as a special link in the structure of the political system of society? Why can’t its role and place in this system be identified, for example, with ruling party or on the other public organization? According to researchers, special place and the role of the state in the political system of society are determined by the following factors:

Firstly, having separated from society, the state becomes its main ruling political organization. State power is the main, unifying, organizing and coercive force in society. Its effect covers all persons living in the territory of the state. Consequently, the state is not just the most massive political association of citizens, but an association of all members of society who are in a political and legal connection with the state, regardless of class, age, professional and other affiliation. The activities of the state are associated with real and widest opportunities for all citizens to participate in the political life of society.

Secondly, the state has the unity of legislative, managerial and control functions; it is the only sovereign organization throughout the country. An extensive system of legal means allows the use of various methods of coercion and persuasion.

Thirdly, the state plays an important role in improving society as the owner of the main instruments and means of production, determines the main directions of its development in the interests of everyone.

Fourthly, the state has sovereignty. It is an official, a representative of the entire people within the country and in the international arena.

Fifthly, the state plays a creative role in the development of society, is the organizing principle of determining national policy. If the state ceases to serve the interests of social development, society has the right to make appropriate adjustments to the practical organization of its statehood.

However, history also shows that, occupying a decisive place in the political system of society, the state can absorb not only this system, but the entire society. Actually, this is what happens in states with a totalitarian, fascist or authoritarian regime. Therefore, excessive government intervention in political life society leads to the nationalization of the political system, lawlessness and arbitrariness. That is why it is so important to constitutionally establish and actually ensure the limits of the activities of the state, to remove from the scope of its action those public relations which must be free from government regulation, control and interference.

As for political systems based on class antagonism, they observe the fusion of the state and political organizations of the ruling classes, which act together. They are also opposed by their class and political opponents represented by their organizations. Of course, between these two poles there are intermediate layers, organizations that often occupy contradictory positions.

In conclusion, we note “that the state is one of the strictly political organizations, that, being equipped with a special apparatus of coercion and suppression with the corresponding “material appendages” in the form of prisons and other compulsory institutions, the state acts as the main force in the hands of the political forces in power , as the main conductor of their will and interests in life, as the most important means exercise of political power."

The specificity of any public authority is that it carries out the tasks and functions of the state and acts on its behalf, and is endowed with state powers. These powers consist in the right of the body to issue legal acts on behalf of the state, which are binding on those to whom they are addressed, and to apply measures to ensure the implementation of legal acts, including measures of persuasion, incentives and coercion.

A state body is an organized team that forms an independent part of the state apparatus, endowed with its own competence, performing public functions, the structure and activities of which are regulated by law.

It is characteristic of a state body that it is a political organization, i.e. endowed with state power. This leads to the most essential feature state body - the presence at its disposal of powers of a state-imperious nature. The content of state power consists, firstly, in issuing legally binding acts on behalf of the state, i.e. binding on those to whom they are addressed; secondly, the state has the right to ensure the implementation of adopted acts by applying measures of education, persuasion and encouragement on behalf of the state; thirdly, in the right of state bodies to carry out, on behalf of the state, supervision (over the thief) over the fulfillment of the requirements of legal acts.

It is characteristic that when exercising state powers, state bodies, in order to protect the legal acts issued by them from violations, use coercive measures in necessary cases.

Thus, the main features of a state body are expressed as follows:

a) a state body is a link, part of the state apparatus;

b) a state body - an organization, a unit of society, a collective, in a certain way organized;

c) it is characteristic of a state body that it is a political organization (empowered with state power);

d) carries out its tasks and functions on behalf of the state;

e) has government powers;

f) has its own organized structure, territorial scale of activity, competence;

g) is formed in the manner prescribed by law, carries out the tasks assigned to it through one of the types of state activities;

h) bears responsibility to the state for its activities.

In the current legislation, the terms government body and state body almost coincide, however, the concept of a state body is broader, in contrast to the concept: government body.

Government bodies (executive power), being one of the types of government bodies, have the above characteristics. They differ from other bodies (legislative and judicial) in the purpose, content of their activities and their nature. They carry out specific in their content, forms and methods government activities- public administration, thus also being a governing body. Each government body, like any other government agency, has its own organizational structure, i.e. the system for constructing its internal, or working, apparatus, determined by the tasks of the body, the territorial scale of activity, the competence with the help of which its subjects of jurisdiction and powers are determined. Their formation, structure, and order of activity are mainly regulated by legal norms.

All government bodies have legal personality, which is determined by the charter or regulations of a particular body.

The competence of government bodies is enshrined in the Constitution of the Republic of Belarus, laws, decrees and decrees of the President of the Republic of Belarus, charters or regulations on a particular body.

All scientists note that it is impossible to define the concept of a state that would reflect all the signs and properties of a state characteristic of all its periods in the past, present and future. At the same time, as has been proven world science, any state has a set of universal characteristics that manifest themselves at all stages of its development. The same signs were defined above.

Summarizing them, we can formulate a definition of the concept of state. State- this is a unified political organization of society that extends its power over the entire territory of the country and its population, has a special administrative apparatus for this, issues mandatory orders for everyone and has sovereignty.

The essence of the state. The relationship between universal and class principles in the state.

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. When considering the essence of the state, two aspects must be taken into account:

2. Whose interests – class, universal, religious, national – does this organization serve?

There are two approaches to studying the essence of the state:

1. Class approach .

The class approach is that the state is viewed as a machine for maintaining the dominance of one class over another, and the essence of such a state lies in the dictatorship of the economically and politically dominant class. This concept of the state reflects the idea of ​​the state in its own sense as an instrument of the dictatorship of the ruling class. This situation has been directly or indirectly proven by world science and historical practice. Thus, the slave state in its essence was a political organization of slave owners, the feudal state was an organization of feudal lords and other wealthy classes, the capitalist state in the first stages of its development acted as an organ for expressing the interests of the bourgeoisie. The state here is used for narrow purposes as a means of ensuring mainly the interests of the ruling class. The primary satisfaction of the interests of any other classes cannot cause resistance from opposing classes, so the problem arises of constantly removing this resistance through violence and dictatorship. Speaking about the socialist state at the stage of the dictatorship of the proletariat, it should be noted that the state must implement this dictatorship in the interests of the overwhelming majority of the population. Unfortunately, many theoretical provisions about the socialist state remained a theory, since in practice the state apparatus served not the broad strata of the working people, but the party nomenklatura elite.

2. Whole-society or whole-human approach .

Another approach of the state is to consider the essence of the state from universal human and social principles. The peculiarity of slaveholding, feudal, capitalist states in the first stages of development is that they, first of all, expressed economic interests minorities of slave owners, feudal lords, capitalists. However, as society improves, the economic and social base of the state expands, the coercive element narrows, and due to objective reasons, the state turns into the organizing force of society, which expresses and protects personal and common interests members of society. Contrary to the predictions of political scientists about the crisis and “decay” of capitalism, about imperialism as the eve and threshold socialist revolution, capitalist society survived and managed to successfully overcome crisis phenomena and the decline in production. Capitalism as a social system gradually strengthened and changed significantly. He turned out to be able to accept and actually implement progressive ideas of social development into practice. The society that emerged after the Second World War in the developed countries of Western Europe and Asia has already become qualitatively different. It differed significantly from the capitalist society of the times of Marx and Engels and the imperialist society that Lenin studied. Modern Western society sometimes more oriented towards socialism than countries that call themselves socialist. The state mechanism has turned from a tool, a means of predominantly implementing common affairs, into an instrument for achieving agreement and compromise. In the activities of the state, such important general democratic institutions as the separation of powers, the rule of law, transparency, pluralism of opinions, and so on begin to come to the fore.

Thus, in the essence of the state, depending on historical conditions, the foreground can come to the fore as a class principle, which is typical for exploitative states, or as a general social principle, which is increasingly manifested in modern post-capitalist and post-socialist states.