A special organization of political power possessing. A state is a special organization of political public power that has a special apparatus or mechanism for managing society

Rule of law State is an organization political power, which manages the company, protects its economic and social structure. Signs of the state: Unity of territory Public power Sovereignty Legislative activity Tax policy Monopoly, illegal use of force Functions of the state: internal function external function internal function external function Economic Organization defense and social security of the country taxation international security environmental


Form of government MONARCHY MONARCHY 1 Limited (constitutional) 2 Unlimited (absolute) REPUBLIC REPUBLIC 1 Presidential 2 Parliamentary 3 Mixed Form government structure: 1 Unitary state 2 Federal state 3 Confederate state


State forms: Form government Form of government (way of organizing state power) Form of government Form of government (dividing the state into parts) Form of government regime Form of government regime (methods and techniques by which the government controls people)


Political regime Democratic Democratic Rule of law Election of authorities Separation of powers The constitution guarantees the rights and freedoms of citizens Anti-democratic Anti-democratic 1 Authoritarian 2 Totalitarian Its features: The power of one person Restriction of rights and freedoms and their violation Dominance of one party or ideology Use of violence




Signs of a legal state: Man, state, public organizations must comply with legal regulations and laws. But these should not be just laws, but fair and humane laws. Individuals, the state, and public organizations must comply with legal norms and laws. But these should not be just laws, but fair and humane laws. Inviolability of human rights and freedoms. Inviolability of human rights and freedoms. Separation of three branches of government. Separation of three branches of government. legislative executive judicial parliament government courts parliament government courts Federal President constitutional Assembly head of state arbitration Assembly head of state arbitration Council G.D. courts of general Council G.D. courts common Federation jurisdiction


Dictionary The state is an organization of political power that manages society and protects its economic and social structure. The state is an organization of political power that manages society and protects its economic and social structure. Monarchy is a form of government in which the bearer of state power is one person by right of birth or charisma. Monarchy is a form of government in which the bearer of state power is one person by right of birth or charisma. Republic is a form of government in which the bearer of state power is the people and elected officials. organs. A republic is a form of government in which the bearer of state power is the people and elected bodies. A political regime is a set of methods, methods and techniques for exercising state power. A political regime is a set of methods, methods and techniques for exercising state power.

Political public power is the defining feature of the state. The term “power” means the ability to influence in the desired direction, to subordinate one’s will, to impose it on those under one’s control. Such relationships are established between the population and a special layer of people who govern it - they are otherwise called officials, bureaucrats, managers, the political elite, and so on. Power political elite has an institutionalized nature, that is, it is carried out through bodies and institutions united into a single hierarchical system. The apparatus or mechanism of the state is the material expression of state power. The most important government bodies include the legislative, executive, judiciary, however special place The state apparatus has always been occupied by bodies that carry out coercive, including punitive functions - the army, police, gendarmerie, prisons and correctional labor institutions. Distinctive feature state power from other types of power (political, party, family) is its publicity or universality, universality, the generally binding 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, state power externally and officially represents the entire 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 and implement them, depends on its legitimacy. Legitimacy of power means, firstly, its legality, that is, establishment by means and methods that are recognized as fair, proper, legal, moral, secondly, its support by the population and, thirdly, its international recognition.

Only the state has the right to issue normative legal acts that are binding for everyone.

Without law and legislation, the state is unable to effectively lead society. Law allows the government to make its decisions generally binding on the population of the entire country in order to guide the behavior of the people in the right direction. Being the official representative of the entire society, the state, in necessary cases, 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 mandatory and gratuitous payments collected within predetermined periods in certain amounts. Taxes are necessary to maintain government bodies, law enforcement, army, to maintain the social sphere, to create reserves in case emergency situations and to perform other general affairs.

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 the forms of government There are unitary states, federations and confederations.

State

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

IN historical In terms of plan, 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 common problems and ensuring the common good while maintaining, above all, order.

IN structural In terms of government, 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. State - official representative 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.

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 behavior 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: the 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: election of the head of the republic by an elected body (parliament, federal assembly, etc.) for a certain period, 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. The rule of law is a form of organization and activity of state power that is built in relationships with individuals and their various associations on the basis of legal norms*

*Cm.: Khropanyuk V.N. Theory of Government and Rights. - 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. Law basics. 2010

State - an organization of political power that governs 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.

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 the forms of government There are unitary states, federations and confederations.

State

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

IN historical In terms of plan, 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 whose main goal is to solve common problems and ensure the common good while maintaining, first of all, order.

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

Government 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.

Loans collected from the population and received from them 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 its historical boundaries.
  • Universality - the state acts on behalf of the entire 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 administrative-territorial division.

Attributes of the state

  • Territory is defined by the boundaries separating the spheres of sovereignty of individual states.
  • The population is the subjects of the state, over whom its power extends and under whose protection they are.
  • The apparatus is 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.

Concept of state

The state appears at a certain stage of 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 conquest (conquest) by a relatively small group of warlike 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 second methods of the emergence of the state took place.

As already mentioned, at first the state was the only political organization in society. Later, during the development political system society, other political organizations (parties, movements, blocs, etc.) 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: “states that are members of the UN”, “states that are members of NATO”, “the state of India”. In the examples given, the state refers to entire countries along with their peoples living in a certain territory. This idea of ​​the state dominated in antiquity and the Middle Ages.

In the narrow sense the state is understood as one of the institutions of the political system that has supreme power in society. This understanding of the role and place of the state is justified during the formation of civil society institutions (XVIII - XIX centuries), when the political system and social structure of society become more complex, and the need arises to separate 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 lives of people, regulates relations between various social strata and classes, and is responsible for the stability of society and the safety of its citizens.

The state has a complex organizational structure which includes the following elements: legislative institutions, executive and administrative bodies, judicial system, bodies for the protection of 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 ). So, in the years Soviet power in the USSR, many classes and estates were virtually destroyed (bourgeoisie, merchant class, wealthy peasantry, etc.), political repression entire peoples were subjected (Chechens, Ingush, Crimean Tatars, Germans, etc.).

Signs of the state

Main subject political activity recognized by the state. WITH functional 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 considered as a set of political institutions (courts, system social security, army, bureaucracy, local authorities, etc.) responsible for organizing social life and publicly funded.

Signs that distinguish the state from other subjects of political activity are as follows:

Availability of a certain territory— the jurisdiction of a state (the right to hold court and resolve legal issues) is determined by its territorial borders. Within these boundaries, the power of the state extends to all members of society (both those who have 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;

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

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

Right to collect taxes- the state establishes and collects various taxes and fees from the population, which are used to finance government agencies and solving various management problems;

Public nature of power— the state ensures the protection of public interests, not private ones. When implementing public policy Usually there are no personal relations between the authorities and citizens;

Availability of symbols- the state has its own signs of statehood - a flag, coat of arms, anthem, special symbols and attributes of power (for example, a crown, a scepter and an 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 means political organization of that other country - its form of government and structure, political regime, etc.

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

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

General characteristics of the state

Despite all the variety of types and forms state entities that arose previously and currently exist, we can distinguish general signs, which to one degree or another are characteristic of any state. In our opinion, these signs were presented most fully and convincingly by V.P. Pugachev.

These signs include the following:

  • public power, separated from society and not coinciding with social organization; the presence of a special layer of people who carry out political administration society;
  • a certain territory (political space), delineated by borders, 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 “legal” grounds for limiting the rights and freedoms of citizens and even depriving them of their lives. For these purposes, it has special power structures: army, police, courts, prisons, etc. P.;
  • the right to collect taxes and fees from the population that are necessary for the maintenance of government bodies and material support of state policy: defense, economic, social, etc.;
  • mandatory membership in the state. A person acquires citizenship from the moment of birth. Unlike membership in a party or other organizations, citizenship is a necessary attribute of any person;
  • 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 activities of the state are aimed at managing society, at coordinating the interests of various social strata and classes, and at preserving their powers of power. Carrying out external functions, the state acts as a subject international relations, representing a specific people, territory and sovereign power.