The state is a special organization of public political power. Public political power as a sign of the state. Legitimacy and legality of state power. Function implementation methods
Subject: State, political power, political system of society .
Plan.
1. State.
2. Political power.
3. The political system of society
·one· The state
Determining approaches to highlighting the issue of the state, in our opinion, one should focus on such aspects as the problem of understanding the state, its essence and patterns of development. First of all, let us emphasize that the state is a complex and historically developing socio-political phenomenon.
The state ensures the integrity and controllability of society. It is the political organization of the entire population of the country's society. Social progress is impossible without the state. The existence and development of a civilized society. The state
ensures organization and realizes democracy, economic freedom, freedom of an autonomous person - believes S.S. Alekseev, with this it is difficult to disagree. All this to a large extent actualizes the problem of the topic.
Among the considered in scientific literature questions, attention is drawn to many theories of the origin of the state. The most are: theological (F. Aquinsky); patriachal (Aristotle, Filler, Mikhailovsky); patrimonial (Haller); negotiable (T. Hobbes, D. Lucq, J.-J. Rousseau, P. Holbach); the theory of violence (Dühring, L. Gumplovich, K. Kautsky), psychological (L.I. Petrazhitsky); Marxist (K. Marx, F. Engels). IN AND. Lenin, G.V. Plekhanov. There are other, less well-known theories. But they are all steps to the knowledge of the truth.
The definition of the state remains an equally controversial issue. Many scholars characterized the state as an organization of law and order (order), seeing in that its essence and main purpose.
In the bourgeois era, the definition of the state as a totality (union) of people, the territory occupied by these people, and power became widespread. However, this understanding of the state gave rise to various simplifications. Thus, some authors identified the state with the country, others with society, and still others with the circle of persons exercising power (the government).
Difficulties in working out a definition of the analyzed phenomenon gave rise to disbelief in the possibility of its formulation in general.
The definitions of the state, given by the classics of Marxism-Leninism, which seemed to be unshakable, are now being criticized. Thus, the researchers emphasize that they are applicable only to those states in which there is high class tension and political confrontation. By highlighting the violent side in the definition of the state, modern researchers emphasize, it does not give an opportunity to see valuable phenomena of civilization, culture and social order in the state.
There is no shortage of definitions of the state in the modern scientific literature. Until recently, it was defined as a political-territorial sovereign organization of public authority with a special apparatus capable of making its decrees binding on the entire country. However, this definition weakly reflects the connection between the state and society.
"" The state, - emphasizes in the textbook edited by V.V. Nazarov, is a special organization of public political power of the ruling class (social group, bloc of class forces, the whole people), which has a special apparatus of control and coercion, which, representing society, implements its integration. "
There are definitions of the state that are abstract in nature: "" The state is an organization of political power, necessary to perform both purely class tasks and general affairs arising from the pyramid of any society. "
Finally, we will complete the topic of the definition of the state with the definition given in the textbook edited by V.M. Korelsky and V.D. Perevalova: "" the state is a political organization of society, ensuring its unity and integrity, exercising, through the state mechanism for managing the affairs of society, a sovereign public power, giving law universally binding significance, guaranteeing the rights, freedoms of citizens, law and order. " The above definition reflects general concept state, but more suited to the modern state.
An essential component in the analysis of the problem of the state is the disclosure of its features. They, in fact, distinguish the state from other organizations that are part of the political system of society. What are they?
1. The state within its borders acts as the only official representative of the whole society and the population united by citizenship.
2. The state is the only bearer of sovereign power, i.e. he has supremacy in his territory and independence in international relations.
3. The state issues laws and regulations that have legal force and contain the rules of law. They are mandatory for all bodies, associations, organizations, officials and citizens.
4. The state is a mechanism (apparatus) for managing society, which is a system of state bodies and material resources necessary to perform its tasks and functions.
5. The state is the only organization in the political system that has law enforcement agencies designed to guard the rule of law and order.
6. The state, in contrast to other components of the political system, has armed forces and security agencies that ensure defense, sovereignty and security.
7. The state is closely and organically linked with law, which is a normative expression of the state will of society.
The concept of the state includes a characteristic of its essence, i.e. the main, defining, stable, natural in this phenomenon. Among the theories related to the essence of the state, the following can be distinguished
Elite theory, formed at the beginning of the twentieth century. in the works of V. Pareto, G. Moski and developed in the middle of the century by H. Lassuel, D. Sartori and others. Its essence is that the elite rule the state, since the masses are not able to perform this function.
Technocratic theory, which arose in the 20s. XXst. and spread in the 60s and 70s. Its supporters were T. Weblen, D. Barnheim, D. Bell and others. Its essence is that society is managed by specialists who are able to determine the optimal paths of development.
The theory of plural democracy, which appeared in XXst. Its representatives were G. Laski, M. Duverger, R. Dahl and others. Its meaning is that power has lost its class character. Society consists of a set of associations of people (strata). On their basis, various organizations are being created that put pressure on state bodies.
These norms have made a certain contribution to the definition of the essence of the state. At the same time, in most of the works published in past years, / its essence was viewed unambiguously from class positions as an instrument of unlimited power / dictatorship of the ruling class. On the contrary, in Western theories the state is shown as a supra-class formation, an instrument for reconciling contradictions, representing the interests of the whole society.
Nowadays it is recognized as erroneous interpretation of the state exclusively from class positions. This approach impoverished to a certain extent, distorted the idea of the state, contained a simplified, one-sided understanding of its essence, focused on the priority of the violent sides in this phenomenon and the aggravation of class contradictions.
The approach on which non-Marxist teachings is based appears to be a one-sided approach. It would be correct to invest in the understanding of the state, as noted in the literature, and the class and state-wide approach.
The general human purpose of the state is to be an instrument of social compromise, softening and overcoming contradictions, seeking agreement and cooperation between various segments of the population and social forces, and ensuring the general social orientation of its functions.
IN modern conditions priority is given to universal human values. Thus, the state corresponds to the level of development of democracy and is characterized by the development of ideological pluralism, transparency, the rule of law, the protection of individual rights and freedoms, the presence of an independent court, etc.
It is also important to emphasize that the importance of the general social aspect of state activity will increase. along with the development of this tendency, the share of class content will shrink.
In addition to all of the above, finally, the essence of the state is influenced by the specific historical conditions for the development of individual countries, religious and national factors.
An important point of the work, in our opinion, is the coverage of the economic, social and scientific foundations of the state. The state cannot but exist, function normally and develop without an economic foundation, a basis, which is usually understood as the system of economic (production) relations of a given society, the forms of ownership existing in it. The actual state financial and economic basis (the state budget) also largely depends on the basis. World history testifies that at different stages of development the state had a different economic basis and treated the economy differently.
The state from a spontaneous market economy was transformed into the direction of state-legal regulation of the economy, planning and forecasting.
Along with the economic state, the state began to perform a social function - pension legislation, benefits to the unemployed, minimum wages, etc.
The Soviet state relied on planned economy and public property, which turned into nobody's property, which led to a crisis.
Historical experience shows that a socially oriented market economy based on competing various forms of ownership can serve as the optimal economic basis.
The social basis of the state is formed by those strata, classes and groups of society that are interested in it and actively support it. Thus, the stability, strength and power of the state, the ability to solve the tasks facing it depend on the breadth of the social base of the state, the active support of it by society. A state with a narrow social base is unstable.
Developed states, which is especially important for Ukraine in modern conditions, should be carried out on a scientific basis, which excludes the method of trial and error. Therefore, scientific expertise is needed, optimal options, consistency of decisions and the results of progressive development.
One of the basic laws of the evolution of the state on the path of progressive development is that as civilization improves and democracy develops, it turns into a political organization of society, where the entire complex of state institutions is actively functioning in accordance with the principle of separation of powers.
Scientists focus on the growing role of the state in the life of society. The argument for this is the extension of its organizing activity to all spheres of society through the newly created institutions and bodies.
Under the influence of the scientific and technological revolution and the process of world integration, the creation of a world market in the development of the state, a new pattern appeared - the convergence of states, their mutual circulation as a result of interaction.
Thus, the problems of understanding the state, its essence and patterns of development make it possible to define it as a complex and historically developing socio-political phenomenon; confirm the existence of pluralism in the understanding and definition of the state; Determine its signs, essence, foundations and patterns of development.
· 2 · Political power
To understand the problem of political power, you need to know what power is in general. In this regard, M.I. Baytin proposes to consider power as a general sociological category.
It is known, the aforementioned author emphasizes, that political power is not the only type of public power. Power is inherent in any organized, more or less stable and purposeful community of people. It is characteristic of both class and classless society, both for society as a whole and for its various constituent formations.
With all the diversity of views on power, many of the representatives of various currents of social thought are characterized by its characteristic as an authority that has the ability to force others to obey, to subordinate other people to their will.
Power in general, being a direct product of versatile ties between people, their interests and mitigating contradictions, possible compromises, is objectively necessary condition for the participation of members of society in the production and reproduction of life.
On the basis of the foregoing, power as a category can be defined as the means of functioning of any social community corresponding to the nature and level of social life, which consists in the subordination of the will of individuals and their associations to the will governing in a given society.
Political power is a special kind of public power. It is characteristic that in the scientific and educational literature the terms "political power" and "state power" "are usually identified. Such an identification, although not indisputable, is admissible, we read in the textbook edited by V.M. Korelsky and V.D. Perevalova. In any case, it is emphasized in the specified source, state power is always political and contains an element of class.
The founders of Marxism characterized state (political) power as "" organized violence by one class to suppress another. " For a class-antagonistic society, such a characteristic may be acceptable. However, the application of this thesis to state power, especially democratic, is hardly permissible, since it will inevitably lead to a negative attitude towards it, and towards the persons who personify it.
In addition, under a democratic regime, it is hardly advisable to divide society into only those who rule and only those who are subject. After all, even the highest bodies of the state and the highest officials have over themselves supreme power people, being both an object and a subject of power. However, there is no complete coincidence between these categories even in a democratic society. If such an identity comes, then the state power will lose its political character and turn into directly public, without state governing bodies.
State power is often identified with state bodies, especially the highest ones. From a scientific point of view, such an identification is unacceptable, since political power does not initially belong to the state and its organs, but either the elite, or the class, or the people. We consider it correct to emphasize that the ruling subject does not transfer its power to the state bodies, but endows them with powers of authority.
It is important to pay attention to the fact that in the special legal and political science literature, a number of scientists advocate the distinction between the categories of political and state power. Scientists such as F.M. Burlatsky, N.M. Kaiserov and others use the concept of "political power" in a broader sense than "state power". This power, they emphasize, is exercised not only by the state, but also by other links of the political system of society: parties, mass public organizations.
However, the use of the term “political power” in a broad sense, in a very broad sense, is rather arbitrary, because political power itself and the degree of participation in it, including on the part of various political parties, are not the same.
Thus, political power is a kind of public power, which is exercised either directly by the state itself, or delegated and authorized by it, that is, exercised on its behalf, under its authority and with its support.
Considering such power as the most important, defining feature of the state, researchers pay attention to its public nature.
Specific traits of this public or political power are as follows:
1. Under the tribal structure, social power expressed the interests of the entire classless society. State power is of a class nature.
2. Political public authority in contrast to the clan, which did not know any special administrative apparatus and merged with the population, does not coincide directly with the populace, it is carried out by the administrative apparatus, consisting of people who control others.
3. In contrast to the tribal system, where public opinion served as a factor of subordination to the authority of the elders and the observance of customs, political power relies on the possibility of state coercion and an apparatus specially adapted for this purpose.
5. In the tribal organization of society, people were subdivided according to the principle of consanguinity; the establishment of political power, marking the emergence of the state, is consistent with the division of the population along territorial lines.
6. From the point of view of the correlation of public power with society under the primitive communal system, there was "" the power of authority, "while political, state power is" "the authority of power.
These are the main features of political power, which distinguishes it from the social power of the tribal system.
the problem of methods of exercising political power remains very important and very curious. In our opinion, this is the delegation of representatives of political parties to representative and administrative bodies of power; development and implementation of political programs; it is a method of political discussion; political compromises; moral stimulation and the now traditional method of persuasion.
Regarding the latter, let us pay attention to the fact that the persuasion mechanism includes a set of ideological socio-psychological means and forms of influence on individual or group consciousness, the result of which is the assimilation and acceptance of certain social values by the individual, the collective.
The literature emphasizes that persuasion is a method of actively influencing the will and consciousness of a person by ideologically directed means to form his views and ideas based on a deep understanding of the essence of state power, its goals and functions.
Note that with the development of the process of democratization, the role and importance of the method of persuasion in the exercise of political power naturally increase.
In the literature, researchers single out another method - the method of state coercion. it limits the freedom of man. It puts him in a position where he has no choice but the option proposed (imposed) by the authorities.
At the same time, by means of coercion, the interests and motives of antisocial behavior are suppressed, the contradictions between the general and individual will are forcibly removed, and socially useful behavior is stimulated.
State coercion is legal and non-legal.
The higher the level of legal organization of state coercion, the more it performs the functions of a positive factor in the development of society.
The author nevertheless believes that the method of persuasion is more acceptable in relation to the problem of political (state) power. In the implementation of the method of coercion, political power, in our opinion, loses its political character to a certain extent.
Political power is determined by economic power. But there is also a feedback between these concepts. The level and pace of economic development largely depends on the political power and its decisions.
Any power, including political, is truly stable and strong primarily due to its social basis... Political power functions in a society divided into classes, different social groups and conflicting, partly irreconcilable interests.
To resolve social contradictions, for interpersonal, intergroup, interclass, and national relations, harmonization of various interests, and there is political (state) power. Only a democratic government is capable of solving such problems.
Political authorities strive to create in society an image of themselves as exemplary and moral, even if this does not correspond to reality. That is why a government that pursues goals and uses methods contrary to moral ideals and values was called upon and recognized as immoral, devoid of moral authority.
Historical, socio-cultural and national traditions are of great importance for political power. If power is based on traditions, then they strengthen it in society, make it more solid and stable.
Political power objectively needs ideology, i.e. systems of ideas closely related to the interests of the ruling subject. With the help of ideology, the authorities explain their goals and objectives, methods and ways to achieve them. Ideology provides the authorities with a certain authority, proves the identity of its goals with the people's interests and goals.
At the same time, it should be borne in mind that social life in Ukraine is based on political, economic and ideological diversity. "" None of the ideologies can be recognized by the state as obligatory. "
An important problem in the analysis of political power is its legitimacy. The literature has developed a typology and sources of legitimacy of power. The latter include:
Ideological principles and convictions of citizens in the political system as the most just;
Devotion to power, thanks to a positive assessment of the personal qualities of the subjects of power;
Political (or state) coercion.
It should be borne in mind that the legitimacy of the ruling subject is reflected and legalized in the Constitution of Ukraine. So in Art. 5 reads: "" The bearer of sovereignty and the only source of power in Ukraine is the people. "
Thus, political power primarily represents the corporate interests of a certain part, social group, class; its implementation is carried out by a special apparatus, which is separated from society and performs management functions, receiving monetary remuneration for this; provision of decisions of political power is carried out with the help of the created administrative apparatus; the political power has in its arsenal the appropriate methods of activity; it also has economic, social and moral and ideological foundations.
· 3 · Political system of society
In the scientific and educational literature, there are different definitions of the political system. More convenient, in our opinion, is the definition given by K.S. Hajiyev: "" A political system is a set of interacting norms, ideas and political institutions, institutions and actions based on them that organize political power, the relationship between citizens and the state. Its main purpose is to ensure the integrity, unity of actions of people in politics.
The components of the political system are:
A) a set of political associations (state, political parties, social and political organizations and movements);
B) political relations developing between the structural elements of the system;
C) political norms and traditions governing the political life of the country;
D) political consciousness, reflecting the ideological and psychological characteristics of the system;
E) political activity.
The political system is a dialectical unity of four sides: institutional, regulatory, functional and ideological.
In this regard, it is advisable to note that political norms and the relations arising on their basis are called political institutions. The process of translating ideas into norms, rules, principles of the existence of political organizations is called institutionalization, this is how the elements of the political organization of society are formed.
The political system does not include all institutions, but only those that take on the implementation of its specific functions in society. The peculiarity of the state is that it is a set of bodies that carry out the power management functions of society.
Organizational relations in the field of politics are endowed with some features:
A common goal for all members of the organization;
The hierarchy of the structure of relations within the organization;
Differentiation of norms for leaders and supervised.
Various types of people's actions aimed at ensuring the functioning, transformation and protection of the system of exercising political power in society is the essence of political activity.
Political activity is heterogeneous; several states can be distinguished in its structure - political activity and passivity. In this case, the criterion of vigorous activity is the desire and opportunity, influencing the political power or directly using it to realize their interests.
Political passivity is a type of political activity in which the subject does not realize his own interests and is under the influence of another social group.
By political consciousness I mean the variety of manifestations of spirituality, reflecting the activity of the mechanisms of political power and directing people's behavior in the sphere of political relations. There are two levels in the political consciousness: conceptual and ordinary.
The characterization of the political system includes political culture. This is a system of values, political ideas, symbols, beliefs adopted by members of a political community and used to regulate activities and relationships.
Since in the sphere of political relations, people deal with the choice of a course of action, values play a huge role in the formation of the character, direction of political actions and processes. To a large extent, they determine the type of political systems, priority state mechanisms. A reflection of their evolution is the change in the values prevailing in the political system.
The central element of the political system is the state. The state performs such a political function as an authoritarian distribution of values, which can be material goods, social advantages, cultural achievements, etc.
The next function of the political system is the integration of society, ensuring the interconnection of the unity of actions of the various components of its structure.
Another function of the political system is to streamline political processes. As a type of activity, it is aimed at realizing the goals of renewal and stabilization.
In the literature, other functions of the political system are also distinguished. The inability of the political system to implement its most important functions causes its crisis.
Depending on factors and prevailing political regime are formed different typologies political systems:
Command - focused on the use of coercive, power management methods;
Competitive - based on opposition, confrontation between various political and social forces;
Socio-measuring - aimed at maintaining social consensus and overcoming conflicts.
Another problem requiring consideration is the characteristics of the main subjects of the political system. One of them is a political party. It performs the function of representing the interests of various social groups; Integrates a social group within the scope of political relations; in the removal of its internal contradictions.
Parties have their own program, system of goals, more or less ramified organizational, impose certain responsibilities on their members and form norms of behavior.
Parties can be class, national, religious, problematic, state-patriotic, forming around a popular political figure, the so-called "----------- parties".
Another subject of the political system is movement. They lack a rigid centralized organization, no fixed membership. The program and doctrine is replaced by a goal or system of political goals. The dominant trend in modern conditions is the preference for movements over parties.
Pressure groups are the next subject of the political system. They are characterized by strict secrecy, concealment of goals, rigid hierarchical structure, strict dosage about the structure and activities of the organization.
The political system consists of opposing parties in an opposing relationship. The destruction of such contradictions is internal source her self-development.
Internal contradictions of the objective plan are of great importance for the development process. The destruction of such contradictions means the acquisition of a qualitatively new, higher form of movement. An example is the activity of a democratic state to overcome one of the main contradictions between the state and the citizen.
Contradictions of a subjective plan, caused by the mismatch of ideological, political, psychological and legal attitudes prevailing in society by morality, legality and law and order, are resolved either by eradicating negative manifestations, or by reaching a consensus.
Among all the diverse bases for the classification of political laws, the most total value have such criteria as institutionality, depth and universality of their historical action, class essence.
The set of techniques, methods, methods, means of exercising political power is called a political regime.
There are the following types:
Democratic - when the right to participation of the people in the decision of state affairs is ensured, human rights are respected and protected;
Totalitarian - when the rights and freedoms of the individual are denied or significantly limited, all aspects of society are strictly controlled by the authoritarian state.
The political system of the rule of law is based on:
first, a change in the interpretation of the source of law, when it becomes not the state, but the individual;
secondly, a change in the understanding of the relationship between the state and the law. According to the concept of the rule of law, not every will raised into law is a right, but only one that does not contradict and does not violate human rights, but strengthens and protects them;
third, the establishment in society and its political system of such a political quality as respect for the law, proceeding from its consideration as the main, dominant factor.
Political systems operating on the basis of the principles of the rule of law have essential features, which should include:
legitimacy (acceptance by the population of state power, recognition of its right to rule and consent to obey);
legality , i.e. normativity, expressed in the ability to operate and be limited by the law;
safety , the most important aspects of which are.
If the concept of social organization denotes a way of ordering social relations as a whole, then the concept of socio-political organization includes, among other things, a certain order of social interactions that arise in the course of the exercise of political power.
The socio-political organization provides the following main functions: 1) by establishing the order of social interactions, it serves to integrate social relations on the basis of either antagonistic (in an exploitative society) or non-antagonistic (in a society of a socialist type) nature of social relations; 2) forms and provides ways to meet the needs of members of society, differentiating the concepts of what is desired and what is acceptable according to social-class and other characteristics; 3) provides members of society with methods and ways of solving conflict problems, so that conflicts do not go beyond the social organization of this type,
Specific social structures that provide these functions are social institutions, social positions and roles, values and norms, the regulatory aspect of which is covered by the concept of social control.
Social control is a way of self-regulation of a social system, ensuring the orderly interaction of its constituent elements through normative (including legal regulation
The concept of a social institution. Social institutions are specific formations that ensure the relative stability of ties and relationships within the framework of the social organization of society. Social institutions can be characterized both from the point of view of their external, formal (material) structure, and from the point of view of the internal, meaningful structure of their activities.
Outwardly, a social institution looks like a set of persons, institutions, supplied with certain material resources and performing a specific social function. From the content point of view, it is a certain set of purposefully oriented standards of behavior of certain persons in certain situations. So, if justice as a social institution can be outwardly characterized as a set of persons, institutions and material resources administering justice, then from a substantive point of view, justice is a set of standardized patterns of behavior among authorized persons who ensure this social function. These standards of conduct are embodied in social roles characteristic of the justice system (the role of a judge, prosecutor, lawyer, etc.).
A social institution is a certain organization of social activity and social relations, carried out through a mutually agreed system of purposefully oriented standards of behavior, the emergence and grouping of which into a system is predetermined by the content of a specific task solved by a social institution.
In carrying out their functions, social institutions encourage the actions of their members that are consistent with the appropriate standards of behavior, and suppress deviations in behavior from the requirements of these standards, that is, they control and streamline the behavior of individuals.
Each social institution is characterized by the presence of a goal of its activity, specific functions that ensure the achievement of such a goal, a set of social positions and roles typical for this institution, a system of sanctions that ensure the encouragement of the desired and suppression of deviant behavior.
The most important social institutions are political institutions that ensure the establishment and maintenance of political power, as well as economic institutions that ensure the process of production and distribution of goods and services. The family is also a social institution, the activities of which (relations between parents, parents and children, methods of upbringing, etc.) are determined by a system of legal and other social norms. Along with these institutions, the functioning of other socio-cultural institutions (education, health care, cultural and educational institutions, systems of law and justice, etc.) is essential.
Sociology of law. Representing in form a set of legal acts prescribing or prohibiting certain types of behavior from the state's estates, law in its essence is the most important social institution that makes a real contribution to the socio-political organization of society.
Law (like other superstructure categories) is directly dependent on the nature of the dominant social, primarily production, relations, on social reality and the relationship of class forces. The basis and material source of law is social reality, while law itself is an instrument for regulating real relations, consolidating and developing the corresponding forms of social life. The imperative of the norm is its form (should, otherwise ...). The content of the norm is a specific rule of behavior, designed for repeated repetition (should this, not this and not that ...). The content of the norm is a reflection and embodiment of social reality, an object of legal regulation. The form of a norm is a reflection and embodiment of the attitude of the legislator, the subject of legal regulation (his will) to this social reality.
The social essence of law is manifested in its real action. The social action of law is aimed, firstly, at the adaptation of social institutions to the processes of objective changes in the social environment, first of all, changes in the nature of the material conditions for the existence of society, in the economic sphere, occurring in connection with the development of productive forces, and, secondly, at providing legal means for changing and improving these social institutions in relation to deliberately formulated goals social development, which finds its expression primarily in the framework of state policy.
The link to public policy is essential social characteristic rights. The interaction of law with state policy takes place both at the level of legislative activity (adoption, amendment, repeal of laws and other bylaws) and in the course of law enforcement (application of law by a court, arbitration, and other authorized bodies). The core of this process is the legislative definition of politically determined goals of the development of society and the provision of funds corresponding to these goals.
The social action of law is expressed in strengthening and maintaining the political domination of economically dominant classes by means of legal regulation, in an effort to ensure the social integration of individuals, groups, social institutions within the class structure and thereby ensure the preservation, reproduction and development of this structure.
Correlation of the categories of what should be and what is, is the essence of sociological research in law and the sphere of public administration. The same applies to the field of labor, family, property relations, etc.
Revealing the social essence of law requires a comparison of two points, namely the goal of a legal norm and the actually achieved result, a comparison of the real behavior of people with legal prescriptions, with the measure of possible and proper behavior that the law outlines.
If the main task of legal science is to study the corresponding branch of law, embodied in the system of legislation, then the task of sociology of law is to study the social laws of the formation and development of legal norms regulating the activities of social institutions, the laws of interaction of social norms and social behavior of people, manifested in the content and nature of activities social institutions.
For the sociology of law, the reality of law is important above all. In life, the real existence of legal norms is manifested in the presence of constantly repeating acts of behavior, social actions, embodying in their content the essence of a legal norm; 3 In turn, to establish the mechanism of such behavior means to identify the characteristics of two variables: a) the content of a legal norm: b) the content of motives; goals, attitudes of persons whose behavior is associated with the real functioning of the rule of law. From the interaction of these variables, one can deduce the content and direction of the corresponding acts of social action. For social research in law, real actions of real individuals are important.
The adoption of a law (its cancellation, change, etc.) is a social fact, the result of social actions of an individual. The same Samoyed is the essence of the act of applying the law, its execution. Activities that run counter to the law and violate it are also a social fact. Actually, this is where sociality is manifested, that is, the socially significant nature of law.
The mechanism of the impact of legal norms on social behavior is not reduced to a one-sided process, where on the side of the legislator is active, directing behavior (formulation of a legal prescription, the requirement for its implementation), while on the side of the one to whom the prescription or prohibition is addressed is only a passive embodiment of the prescription or the execution of a ban.
The stability of the system personality - social environment (or individual behavior - legal norm) is only one indicator of its normal functioning. Another important indicator of the stability of the system is the ability to timely change individual structural characteristics, which allows both interdependent variables (the legal system and individuals, social groups) to mutually take into account the ongoing changes.
The dynamic nature of the interaction between the elements of social structures suggests that in order to maintain balance, social systems with the help of social compensating mechanisms must restore the emerging disturbances in social interaction.
These mechanisms include those types of social activity, the purpose of which is to ensure the development, evolution of a given legal system while maintaining its fundamental characteristics in a relatively constant state. The desire to achieve the goal is embodied in two tendencies: a) to extinguish spontaneously arising deviations in the behavior of individuals (or groups) from legal norms; b) tendencies to bring the system into a state of stable equilibrium by timely correcting the legal norms themselves aside, bringing them closer to the requirements of social reality.
Sociology of politics. An important place in the functioning and development of any class society is occupied by the phenomena and processes of political life, to which everything related to the exercise of political power and certain conditions- the struggle to master it.
Politics is the area of relations between classes, and those relations that develop about state power, its conquest, retention and use. Any social problem acquires a political character if its solution is directly or indirectly related to class interests and problems of power.
The subject of the sociology of politics is the patterns of formation and development of political institutions and their interaction with other social institutions, the forms of manifestation of these patterns in the content and nature of the interaction of social classes and social groups, in the content and nature of socio-political actions of the individual.
The political sphere of public life can be represented by the following elements.
1. State power, which is a concentrated expression of the will and interests of the ruling class and is characterized by a certain structure and functional orientation. Power gives rise to a special kind of social activity - political. This is primarily the activity of the authorities themselves, the policy carried out by any state, by the ruling forces in this or that country. Since state power is the most powerful tool capable of ensuring the interests of a particular social community (class, stratum, group, and in interethnic relations - the interests of a nation, nationality), political activity is a necessary and most important manifestation of the vital activity of each of these social communities. The meaning of this activity is to ensure their interests through state power.
Political activity arose with the division of society into classes and gave rise to such a social institution as the state - the embodiment of political power. The economically dominant class also becomes politically dominant, and forms the social base of the state power existing in this society. In a class-antagonistic society, it is the struggle of various classes, social groups for power, for giving it the content and direction desirable for a particular class (social group) - if not fully, then at least in part - that forms the entire sphere of political life.
State power under socialism becomes the expression of the will and interests of the entire people, and, consequently, all objective grounds for the struggle for its possession disappear here. However, state power does not lose its class and, therefore, political character, since the leading role of the working class and the need to take into account the interests of various classes and social groups that still exist in this society when exercising power functions.
The sphere under consideration also includes a special type of social relations - political, the specificity of which is that they are formed about state power - its possession, use, giving it the desired direction, etc. Such relations arise between classes and social groups, as well as between nations, nationalities, between the power itself in its institutional form and different classes of society, between the government and citizens, which is also mediated by one or another class affiliation of the latter.
2. The political sphere includes, further, the system of institutions of special social institutions that either exercise state power (bodies of state power and administration, the armed forces, judicial and other government bodies) either in one way or another are connected with its functioning - they direct the activities of power, expressing the interests of certain classes, social groups, participate at the will of the state power in the implementation of its individual functions, or, on the contrary, fight for the seizure of power, for its limitation, opposition to it, etc. e. Such institutions are political parties and various public and socio-political organizations.
3. Finally, the sphere of political life encompasses certain manifestations of vital activity, social behavior of the masses, namely, the struggle - in one degree or another and in form - for power (revolutionary struggle, oppositional or, on the contrary, protective activity), the formation of public authorities through elections and determination of the program of their activities, participation in the latter and control over it, in general, all manifestations of extras of political action, political activity.
Thus, the political sphere of public life encompasses a system of a special type of social relations, social institutions in their real functioning, as well as manifestations of public activity, the activity of the masses associated with their political consciousness.
Social problems international relations. International relations as an area of human communication are composed of economic, political, legal, diplomatic, ideological, socio-psychological, cultural, scientific and technical, trade, military and other ties and relationships between world systems, states (of the same type and different types), peoples, classes , social groups, parties, organizations and even individuals operating in the international arena. The main subject of international relations in modern world is the state, which in these relations realizes its foreign policy function.
The most general directions in the field of sociological research of international relations are as follows:
general analysis the nature of international relations, their basic laws, main trends, the relationship and role of objective and subjective factors and, on this basis, economic, scientific, technical, political, cultural, socio-psychological and ideological aspects in international relations, class struggle, the role of classes, social groups , the role of world systems, states, parties, armed forces, masses and individuals, etc. in international relations;
studies of the central aspects of international relations (war and peace, foreign policy concept, foreign policy doctrine, foreign policy program, strategy and tactics, main directions, tasks, goals, principles of foreign policy, etc.);
the study of factors indicating the position of the state in the international arena - its class nature and economic system, state interests, economic, scientific, technical and military potential, moral and ideological consciousness of the population, connection and degree of unity with other states (system, union, etc.);
research of problems related to foreign policy actions: foreign policy situation; foreign policy decisions and mechanisms for their preparation, development and adoption;
foreign policy information and methods of its generalization and use; international contradictions and conflicts and ways of their settlement; international agreements and agreements, etc .;
study of trends in the development of international relations and foreign policy events and their forecasting.
In sociological studies of international relations, an appropriate conceptual apparatus is developed, a number of special methods are created that allow research in the field of international events, situations, phenomena, factors, etc. Experiments in international relations are limited due to the specifics of this sphere of life, consisting of the interaction of a large number states, collection of information and surveys of experts and groups of the population.
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ABOUThead
1. The concept and characteristics of the state
2. The essence of the state
Conclusion
List of used sources and literature
Introduction
The relevance of this work lies in the fact that the state leads society, exercises political power throughout the country. For this purpose, the state apparatus is used, which does not coincide with society, is separated from it. The state is the only organization of power throughout the country. No other organization (political, social, etc.) covers the entire population. Each person, by virtue of his birth, has a certain connection with the state, becoming its citizen or subject, and acquires, on the one hand, the obligation to obey the state-imperative orders, and on the other, the right to patronage and protection of the state.
In the political and legal literature, there are many definitions of the concept of "state". What all these definitions have in common is that the named scientists included, as specific species distinctions of the state, its most important characteristics, such as people, public authority and territory. By and large, they understood the state as the union of people under one power and within the same territory.
The purpose of this work is to consider the state.
Based on the above, the following tasks were set:
- Consider the concept and characteristics of the state;
- To reveal the essence of the state.
State issues are contained in various sources. These are mainly textbooks on the theory of state and law, as well as monographic literature. State issues are discussed in the works of authors such as S.S. Alekseeva, A.I. Bobylev, A.B. Vengerova, V.V. Lazareva, M.N. Marchenko, N.I. Matuzova, A.V. Malko, V.N. Khropanyuk and others.
1. The concept and characteristics of the state
The state is a special organization of public, political power of the ruling class (social group, bloc of class forces, the whole people), which has a special apparatus of control and coercion, which, representing society, guides this society and ensures its integration. V.V. Lazarev Theory of State and Law M., 2006.S. 216.
The initial features of the state are that it is: a social phenomenon; a political phenomenon; is a system, that is, integrity, which has its own composition and structure and is focused on solving certain problems.
The state is distinguished from the authorities of primitive society by the following: a sign of "public" power. In general, public, that is, public, is any power, but in this case a specific meaning is put into this term, namely, that the state as a subject, a bearer of power is functionally separated from its object (society), alienated from it (power is organized on the principle of "subject - object"). This moment is manifested in the existence of a professional state apparatus. The authorities of primitive society were organized according to the principle of self-government and were, as it were, within the society itself, that is, the subject and object of power coincided (in whole or in part).
A sign of the state treasury, with the existence of which such phenomena as taxes are associated (extortions from the population established by the public authorities, collected forcibly in established dimensions and in a predetermined time frame), internal and external loans, government loans, government debts, that is, everything that characterizes the economic activity of the state and ensures its functioning. In the theory of Marxism, it is noted that "the economically expressed existence of the state is embodied in taxes." Theory of Law and State / Ed. VC. Babaeva, V.M. Baranov and V.A. Tolstika M., 2006.S. 182.
The state is distinguished from other political organizations primarily by its sovereignty. The sovereignty of the state is the unity of two sides: the independence of the state outside; the supremacy of the state within the country.
The independence of the state outside is limited by the sovereignty of other states (just as the freedom of one person is limited by the freedom of another).
The state is characterized by the following features that distinguish it from both pre-state and non-state organizations:
1) the presence of public power, separated from society and not coinciding with the population of the country (the state necessarily has an apparatus of government, coercion, justice, because public power is officials, the army, the police, courts, as well as prisons and other institutions);
2) the system of taxes, taxes, loans (being the main revenue part of the budget of any state, they are necessary for the implementation of a certain policy and the maintenance of the state apparatus, people who do not produce material values and are engaged only in management activities);
3) territorial division of the population (the state unites by its power and protection all people inhabiting its territory, regardless of belonging to any clan, tribe, institution; in the process of the formation of the first states, the territorial division of the population, which began in the process of social division of labor, turns into administrative-territorial; against this background, a new social institution arises - citizenship or citizenship);
4) law (the state cannot exist without law, since the latter legally formalizes state power and thereby makes it legitimate, determines the legal framework and forms of exercising the functions of the state, etc.);
5) monopoly on lawmaking (publishes laws, bylaws, creates legal precedents, authorizes customs, transforming them into legal rules of conduct);
6) a monopoly on the legal use of force, physical coercion (the ability to deprive citizens of the highest values, which are life and freedom, determines the special effectiveness of state power);
7) stable legal ties with the population living on its territory (citizenship, citizenship);
8) possession of certain material resources to carry out their policies (state property, budget, currency, etc.);
9) monopoly on official representation of the whole society (no other structure has the right to represent the whole country);
10) sovereignty (the inherent supremacy of the state on its territory and independence in international relations). In society, power can exist in different types: party, family, religious, etc. However, the power, the decisions of which are binding on all citizens, organizations and institutions, belongs only to the state, which exercises its supreme power within its own borders. The supremacy of state power means: a) its unconditional extension to the population and all social structures society; b) the monopoly possibility of using such means of influence (coercion, coercive methods, up to the death penalty), which are not available to other subjects of politics; c) the exercise of power in specific forms, primarily legal (lawmaking, law enforcement and law enforcement); d) to cancel the prerogative of the state, to recognize acts of other subjects of politics as legally null and void if they do not comply with the state's regulations. State sovereignty includes such fundamental principles as the unity and indivisibility of the territory, inviolability of territorial borders and non-interference in internal affairs. If any foreign state or external force violates the borders of a given state or forces it to make a decision that does not meet the national interests of its people, then they speak of a violation of its sovereignty. And this is a clear sign of the weakness of this state and its inability to ensure its own sovereignty and national-state interests. The concept of "sovereignty" has the same meaning for the state as the concept of "rights and freedom" for a person;
11) the presence of state symbols - coat of arms, flag, anthem. The symbols of the state are designed to denote the bearers of state power, the belonging of something to the state. Coats of arms of the state are placed on buildings where state bodies are located, on border posts, on the uniforms of civil servants (military personnel, etc.). Flags are hung on the same buildings, as well as in places where international conferences are held, symbolizing the presence of officials of the respective state, etc.
2. The essence of the state
state society political power
The essence of the state is the main thing in this phenomenon, which determines its content, goals, functioning, i.e. power, its belonging. The state arises when the development of the economy reaches a certain level at which the system of equalizing distribution of the social product that has existed for many millennia becomes objectively unprofitable, and for the further development of society it becomes necessary to single out a certain elite stratum engaged only in management. This led to social stratification of society, to the fact that the power, which previously belonged to all its members, acquired a political character, began to be exercised in the interests of primarily privileged social groups and classes. However, the emergence of social inequality, social injustice is objectively progressive in nature: in conditions of still extremely low labor productivity, there appears, at least for a part of people, the opportunity to free themselves from everyday heavy physical labor. This leads not only to a significant improvement in social management, but also to the emergence of science and art, to a noticeable increase in the economic and military power of such a society. So, the emergence of the state is always associated with a change in the nature of public power, with its transformation into political power, exercised, in contrast to the power of primitive society, in the interests of primarily the privileged part of society. Therefore, the class approach provides rich opportunities for analyzing the nature of such power, for determining the essence of the state. Cherdantsev A.F. Theory of State and Law M., 2006. S. 98.
However, the nature of government is not always the same. So, in ancient Athens or Rome, its class affiliation is beyond doubt. Power belongs unambiguously to the class of slave owners who own both the main means of production (land) and the producers themselves - slaves. The latter not only do not participate in the exercise of state power, but are generally deprived of any rights whatsoever, they are “talking tools”. A similar position of power in feudal society. It is in the hands of a class of feudal lords - landowners. The peasants do not have access to power, they are also largely deprived of legal rights and are often owned (in full or in part) by the feudal lords. Both in slaveholding and in feudal society, there is clear social inequality and class (estate) belonging to the state power.
A more complex assessment of the nature of power in a bourgeois state. Formally, all people are equal before the law, have equal rights, which is legally enshrined in declarations and constitutions. In fact, in early bourgeois society, laws, contrary to declarations, establish property, educational and other qualifications that restrict the electoral rights of the poor. This ensures the real belonging of power to the economically ruling class - the bourgeoisie.
In the eastern states, power was in the hands of the bureaucratic bureaucratic apparatus (more precisely, its top). At the same time, she also largely expressed the interests of not the entire society, but the corresponding social groups in power. In many cases, these social groups actually become classes, differ from other strata of society and have a special place in the distribution system of the social product, appropriating a significant part of it, and a special attitude to the means of production, becoming in fact their real owners, enslaving the producers themselves who fall into the position of "collective slavery", although formally they are free and are the owners of the land. A similar omnipotence of the state (and sometimes the party-state) apparatus can also take place in a society with dominant private ownership of the main means of production. The state apparatus acquires “extraordinary relative independence,” and in many cases becomes practically independent from society. This can be achieved, for example, by balancing between antagonistic classes, pitting them against each other, as was the case in France under the Bonapartist regime in the 50-60s. XIX century. But the same result is often obtained through the implementation of tough measures to suppress any dissent, any opposition to the actions of the ruling elite. This was the case, for example, in the conditions of the fascist regimes of Germany and Italy, the totalitarian or authoritarian regimes of the countries of Latin America. Alekseev S.S. General theory of law. M., 2010.S. 165.
This means that the class approach makes it possible to identify the essential features of the state, to reveal the social contradictions in it. Indeed, in all historical periods, there were actions of the exploited classes and strata of society against the oppressors in whose hands the state power was: slave uprisings in Rome, peasant uprisings and wars in England, France, Germany, China, strike and revolutionary movement of workers, etc. ...
Nevertheless, the establishment of the class (estate) nature of state power does not exhaust the problem of the essence of the state, and the use of only the class approach significantly limits the possibilities of scientific knowledge of the state and political power.
Any state must carry out (and always does) general social functions, act in the interests of the whole society. And any state is not only an instrument of suppression, a machine of domination of some class or social group, but also represents the whole society, is a means of its unification, a way of its integration. The general social role of the state is also its essential feature, which is inextricably linked with the class and thus constitutes the second side of its single essence. The state always combines the narrow-class or group interests of the ruling elite and the interests of the entire society.
Conclusion
Based on the above, the following conclusions can be drawn:
The state is a special organization of public, political power of the ruling class (social group, bloc of class forces, the whole people), which has a special apparatus of control and coercion, which, representing society, guides this society and ensures its integration.
The essence of the state is the main thing in this phenomenon, which determines its content, goals, functioning, i.e. power, its belonging. The emergence of the state is always associated with a change in the nature of public power, with its transformation into political power, exercised, in contrast to the power of primitive society, in the interests of primarily the privileged part of society. Therefore, the class approach provides rich opportunities for analyzing the nature of such power, for determining the essence of the state.
The state arises as a natural, objectively conditioned result of the natural development of primitive society. This development includes a number of areas and, first of all, the improvement of the economy associated with an increase in labor productivity and the appearance of a surplus product, the consolidation of the organizational structures of society, the specialization of management, as well as changes in regulatory control reflecting objective processes. These directions of development of society are interrelated and interdependent: economic development determines the possibility of consolidation of social structures and specialization of management, and these, in turn, contribute to the further growth of production. Normative regulation reflects the ongoing changes and, to a certain extent, contributes to the improvement of social relations and the consolidation of those that are beneficial for society or the ruling elite.
List of used sources and literature
1. Alekseev S. S. State: basic concepts. Ekaterinburg: Sokrat, 2010.175 p.
2. Alekseev S.S. General theory of law. M .: Legal literature, 2010.382s.
3. Alekseev S.S. The theory of law. M .: Publishing house BEK, 2010.325s.
4. Bastia F. State // Social security. 2010. N 14. - S. 1-8.
5. Vengerov AB Theory of state and law. Part 2.M., 2006.391s.
6. Komarov S.A. General theory of state and law. M .: Yurayt, 2010.362s.
7. General theory of state and law / Ed. V.V. Lazarev. M .: Jurist, 2009.570s.
8. General theory of state and law. Academic course / Ed. M.N. Marchenko. T. 2.M .: Jurist, 2006.743s.
9. Osipov Yu. M. State // Russian justice. 2010. N 1.S. 274-285.
10. Fundamentals of State and Law / Ed. O.E. Kutafina M .: Jurist, 2006.296s.
11. Syrykh V.M. Theory of State and Law. M .: Bylina, 2006.534s.
12. Theory of State and Law / Ed. M.M. Rassolova, V.O. Luchina, B.S. Ebzeeva. M .: UNITY DANA, Law and Law, 2006.693s.
13. Theory of state and law. / Ed. N.I. Matuzov and A.V. Malko. M .: Jurist, 2006.720s.
14. Theory of law and state / Ed. VC. Babaeva, V.M. Baranov and V.A. Tolstika M .: Jurist, 2010.256s.
15. Khropanyuk V.N. Theory of State and Law M .: "Dabakhov, Tkachev, Dimov", 2006. 427s.
16. Cherdantsev A.F. Theory of state and law M .: Norma, 2006.523s.
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The most important feature of the state is the presence of an apparatus of public political power. The essence of this institution lies in the concentration of power in the hands of professional managers, the separation of which into a relatively independent group is nothing but the fourth major division of labor. In this sense, one should recognize as very accurate the statement of F. Engels that "the essential feature of the state is public power, separated from the mass of the people."
The apparatus of state power, as an organization carrying out activities in the field of social management, has a public character - the imperative regulations adopted on behalf of the state are equally binding on all members of the community, regardless of whether they were directly involved in the preparation and adoption of these regulations or not. Moreover, the internal attitude (consent or disagreement) of the subject to the generally valid rule of conduct established on behalf of the state does not matter, the effectiveness of which is guaranteed by the entire state mechanism (including the coercive mechanism) and which is sanctioned by the state (for violation of the established order, adequate harm is provided measures of legal responsibility).
The activities of the state power are aimed at the implementation of the most important functional powers of the state in the lawmaking, law enforcement, law enforcement and supervisory and control spheres. Thus, state power is distinguished from other power structures of domestic and international character by the monopoly right to lawmaking, justice, and state coercion.
Public power - the political power of the ruling class, regardless of the specific state forms its organization and manifestation. The main functions of public power are subordination (including suppression of resistance from other classes), organization of society, and its management in accordance with the economic, political and spiritual interests of this class.
In a socialist state, public power serves the interests of the people, expresses their will and is associated with them in various democratic forms, which are improved as socialism develops.
Power is characterized by a number of distinctive features: 1) legality; 2) legitimacy.
Legality - the use of force within the state. A positive assessment, acceptance by the population of power, recognition of its legitimacy, the right to rule and consent to obey means its legitimacy. Legitimate government is usually characterized as lawful and just. Legitimacy is associated with the presence of authority in power, its compliance with the value ideas of the majority of citizens, with the consensus of society in the field of fundamental political values.
The term "legitimacy" itself is sometimes translated from French as "legality" or "legitimacy". This translation is not entirely accurate. Legality, understood as action through the law and in accordance with it, can be inherent in illegitimate authorities.
Max Weber made a great contribution to the theory of legitimation of domination (power). Depending on the motives for submission, he identified three main types of legitimacy of power:
1. Traditional legitimacy. It is acquired through customs, the habit of obeying authority, faith in the steadfastness and sacredness of the ancient order. Traditional domination is characteristic of monarchies. In terms of its motivation, it is in many ways similar to relations in a patriarchal family, based on unquestioning obedience to elders and on the personal, unofficial nature of the relationship between the head of the family and its members. Traditional legitimacy is strong. Therefore, Weber believed, for the stability of democracy, it is useful to preserve the hereditary monarch, who reinforces the authority of the state with centuries-old traditions of venerating power.
2. Charismatic legitimacy. It is based on belief in exceptional qualities, a wonderful gift, i.e. charisma, the leader, who is sometimes even deified, is created by the cult of his personality. The charismatic method of legitimation is often observed during periods of revolutionary reigns, when the new government cannot rely on the authority of traditions or the democratically expressed will of the majority for recognition by the population. In this case, the greatness of the leader's personality is deliberately cultivated, whose authority sanctifies the institutions of power, contributes to their recognition and acceptance by the population. Charismatic legitimacy is based on faith and on the emotional, personal attitude of the leader and the masses.
3. Rational legal (democratic) legitimacy. Its source is a rationally understood interest that prompts people to obey the decisions of a government formed according to generally accepted rules, i.e. based on democratic procedures. In such a state, it is not the personality of the leader that obeys, but the laws within the framework of which the representatives of the authorities are elected and act. Rational legal legitimacy is characteristic of democratic states. This is primarily structural or institutional legitimacy based on citizens' trust in the structure of the state, and not in individuals (personal legitimacy). Although often, especially in young democracies, the legitimacy of power can be based not so much on respect for elected institutions, as on the authority of a particular person of the head of state. In the modern world, the legitimacy of the authorities is often equated only with its democratic legitimacy.
The legitimacy of power is not limited to its three, which have become classical types. There are other ways of legitimation and, accordingly, types of legitimacy. One of them is ideological legitimacy. Its essence is to justify power with the help of ideology introduced into mass consciousness... Ideology substantiates the correspondence of power to the interests of the people, nation or class, its right to rule. Depending on who the ideology appeals to and what ideas it uses, ideological legitimacy can be class or nationalist. In the countries of command-administrative socialism, class legitimacy was widespread. In the second half of the XX century. Many young states in an attempt to gain recognition and support from the population very often resort to nationalist legitimation of their power, often establishing ethnocratic regimes.
Ideological legitimation is based on the introduction into the consciousness and subconsciousness of people of a certain "official" ideology using methods of persuasion and suggestion. However, unlike rational-legal legitimation, which appeals to consciousness, reason, it is a one-way process that does not imply feedbacks, free participation of citizens in the formation of ideological platforms or their choice.
State system - system state structure.
State system - the system of political, legal, administrative, economic and social relations in the state, which is established by the basic laws (Constitution, declarations of independence, etc.), as well as the structure of the state, due to the socio-economic development of society and the balance of political forces in country.
Chapter 1 of the Constitution "Fundamentals of the Constitutional System" characterizes the state system of Russia as follows:
Russian Federation - Russia is democratic federal rule of law with a republican form of government.
For a more complete answer to this question, you can use the existing knowledge on tickets 7, 8, 11, 16.
Russia is a democratic state. Democracy, ideological and political diversity, local self-government are proclaimed.
Russia is a legal state. The rule of law is ensured, the principle of separation of powers is consistently implemented, and human and civil rights and freedoms are recognized and guaranteed.
Russia - federal state... It consists of equal subjects of the Federation - republics, territories, regions, cities of federal significance (Moscow and St. Petersburg), an autonomous region and autonomous districts.
Russia is a state with a republican form of government. This means that citizens, according to the Constitution, have the right to participate in elections to the Federal Assembly.
Russia can be described as a republic with a strong presidential power. The President of Russia legally has the powers of the head of state, and in fact - of the head of the executive branch. But Russia also has some features of a parliamentary republic, for example, the presence of a Chairman of the Government, whose appointment takes place with the consent of the State Duma.
Man, his rights and freedoms are the highest value (Article 2). This is one of the fundamental foundations of the constitutional order of Russia. Special state institutions that must ensure the protection of rights and freedoms are courts, public law enforcement agencies, prosecutors and the institution of the Ombudsman.
Russia is a sovereign state. Sovereignty presupposes the independence of the state in the field of international relations and the supremacy of its decisions in internal affairs. Its multinational people are recognized as the bearer of sovereignty and the only source of power in Russia.
The sovereignty of Russia was enshrined in the Declaration "On State Sovereignty of the RSFSR" adopted on June 12, 1990 by the first Congress of People's Deputies of the RSFSR.
Russia is a welfare state. State aid to low-income strata of the population is of particular importance.
Article 8 of the Constitution guarantees the unity of economic space, free movement of goods, services and finance, support for competition, freedom economic activity... In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in an equal manner.
Russia is a secular state. The separation of church from state is manifested, for example, in the state registration of acts of civil status, in the absence of civil servants' obligations to profess a certain religion.
2. An engineer who graduated from a university in the middle of the century before last did not have to worry about improving his qualifications until the end of his career - the institute's luggage was quite enough. The knowledge of the graduates of the beginning of the last century became obsolete after 30 years; modern engineers must be retrained every decade. What trait (tendency) of social development do the above facts indicate? Why should modern specialists update their knowledge so often?
Increased requirements for the growth of qualifications can be considered as a feature indicating the formation of a post-industrial society as a result of the scientific and technological revolution.
Post-industrial society is based on
- science intensive technologies,
- information and knowledge as the main production resource,
- the creative aspect of human activity, continuous self-improvement and advanced training throughout life.
The best professionals these days must update their knowledge frequently for a number of reasons:
- The rapid development of digital technologies (as well as others) leads to the fact that the information received quickly becomes outdated, it needs to be updated.
- In a post-industrial society, the main "means of production" is the qualifications of employees. The costs of training the workforce are increasing: the costs of training and education, advanced training and retraining of workers.
- The post-industrial society is characterized by the growth of the service sector and further division of labor. If earlier professional development took place gradually, in the process of work, without interruption from production, today specialized firms are engaged in this and advanced training is carried out at special courses.
- To compete successfully today, innovation is needed. Enterprises have to abandon the production of previous types of products and master new ones. In order not to fire workers, it is necessary to retrain them in accordance with the new needs of production.
3. Your class was given the task to prepare an oral journal "Economic problems of the development of our region." Suggest a plan for preparing the journal. What pages can be included in the magazine? Where can I find material for their design?
Since the task is given to the whole class, it will be more correct to distribute the work among classmates. You can take the following plan as a basis:
- Invite all classmates and, separately, those who are interested in economics, to think about what problems should be presented in the magazine.
- Get together and discuss the resulting list of problems, distribute questions among the participants.
- Search for information and prepare speeches.
- Sources of material: Internet sites, regional press, books about your region (there may be very beautiful illustrations).
- Separately, you can instruct someone to prepare illustrations in the form of a computer presentation, map, posters, etc.
- The run of the oral journal should be done in advance, a few days before the speech, when there is still time to correct the identified deficiencies.
Which pages to include in the magazine - you need to have an idea of the main problems in your region. Name 3-4 that everyone has heard. Problems of aging of the population, wear and tear of equipment at enterprises, rising energy prices, problems with competitiveness and sales of products, lack of skilled machine operators, lack of funds for social programs due to low profitability of taxpayer enterprises, lack of places in kindergartens are quite common. makes it difficult for young mothers to go to work.
Break a leg!
ORGANIZATION OF PUBLIC AND POLITICAL GOVERNMENT
Features:
Ø State power does not merge with society, but stands out from it.
Ø State power outwardly and officially represents the whole of society. (Civil servants of the state-woo, officials, representatives of the state (president))
Ø State power is called upon to ensure law and order and the normal life of people.
Ø The presence of a special apparatus (state bodies)
4. SOVEREIGNTY - free supremacy, independent of any external forces.
It is not unlimited (limited by law, obligations, including international ones)
Single (belongs to one subject - the state; the sovereignty of subjects is not allowed in the Russian Federation)
o External - independence of the state in relations with other states.
It is expressed in the ability of the state to determine foreign policy, to act as an equal participant in international relations
o Internal - the supremacy of the state. power in relation to all organizations and individuals within the country.
Internal sovereignty is expressed in:
§ Unity and distribution of state. power for the entire population of the country.
§ Generally binding decisions of state bodies in all located on the territory of the state.
§ Possibility of canceling anti-constitutional actions of public organizations.
§ Exclusive competence of the state to issue laws.
5. STATE TREASURE ( government loans, internal and external loans, customs duties, securities, currency values, taxes)
6 types of state: different approaches
A type- the most common features inherent in a certain group of states and revealing the patterns of their development.
State typology- a specific form of classification of states based on common characteristics of specific states.
The main provisions of the typology of states:
1. The development of human society is a continuous, long historical process
2. This process is associated with fundamental changes in the basic principles of the state
3. The process of transition from one stage of development to another occurs in an evolutionary revolutionary way.
The significance of the state typology:
o Provides a scientific, deep basis for the characteristics of the features and characteristics of the state.
o Provides scientists with the ability to trace the logic in the building and development of states.
o Allocation of groups of states by type provides scientists with the opportunity to highlight prospects, predict the development of states.
FORMATION APPROACH - based on the unification of states within a specific socio-economic formation.
The main criterion is production method ( form of ownership, production forces and relations)
Formations:
1. Primitive communal (pre-state)
2. Slave
3. Feudal
4. Capitalist
5. Socialist
disadvantages formational approach:
§ Built on the material of European countries.
§ Not all civilizations have passed these formations
§ Cultural factors are not considered
Dignity: Reveals the relationship of state and law with other social. phenomena.
CIVILIZATION APPROACH- provides for the unification of states by type, not only taking into account social and economic development, but also taking into account spiritual factors. (Religion, traditions, customs, worldview, public consciousness)
Civilization- a set of related cultures.
Toynbee: Factors influencing the classification:
§ Way of thinking
§ Religion
§ Common historical destiny
Types of civilizations:
Primary civilizations (Aegean, Sumerian, etc.)
Secondary civilizations (European, American)
Local (Egyptian, Sumerian)
Special (Icelandic, East European)
World civilization
Advantages: focused on the knowledge of social values, pays attention to culture and moral values.
Classification of states(in relation to religion):
ü Secular (free religion, the church is separated from the state, Russia)
ü Clerical (religion is state, UK, Norway)
ü Theocratic (Pakistan, Morocco, Saudi Arabia)
Ø State power belongs to the church
Ø Religious norms are the main source of legislation
Ø Head of state and church in one person
ü Atheistic (religious organizations are persecuted by the authorities)
7. Concept and classification of functions of the state.
State function- the main direction of the state's activity, revealing its essence and purpose in society.
Signs of state functions:
ü Sustainable, important activity of the state in the main areas.
ü Implements the relationship between the essence and purpose of the state.
ü Aimed at solving the main goals and objectives of the state.
ü F-and state-va suggest special forms and methods of their implementation.
Function classification:
According to the principle of separation of powers:
Legislative
Executive
Law enforcement (Judicial)
By time frame:
Constant (defense)
Temporary (Construction of Olympic facilities)
By importance:
Main (Defense)
Secondary (construction of a missile complex)
Functions:
INTERNAL
1. Political - ensuring power over the entire territory
2. Economic - to establish the NPB for the market, to manage the state. property
3. Social - to ensure a decent life for a person
4. Taxation
5. Law enforcement
6. Financial control
7. Environmental
EXTERNAL
1. Foreign policy - relations between states
2. Foreign economic - trade relations
3. Defense capability
4. Combating international crime
Forms of implementation of functions:
Forms- the external expression of the activities of the state.
Legal forms: (Related to the publication of legal acts)
Lawmaking - the publication of legal acts (regulates public life)
Law enforcement - consideration of specific cases and making decisions on them
Organizational ( Not associated with the publication of the NLA)
Creation of organs
HR work
· Office work
Logistics support
Function implementation methods
1. Regulatory method
4. Method of encouragement (stimulating)
5. Method of contractual regulation
6. Method of control and supervision over the activities of the total. Organs
7. Method of information influence on society
8. The concept and elements of the form of the state.
State form- its structure, which is expressed in the nature of political relations between society and the state, in the ways of organizing state bodies. power m territorial division of the state-va.
Factors influencing the form of the state:
The class essence of the state
· National composition
· Historical development countries
Ideology
Elements of the form of the state:
v Form of government
o Monarchist
§ Absolute
§ Limited
ü Dualistic
ü Parliamentary
v Form of government
o Unitary
o Difficult
§ Federation
§ Empire
§ Confederation
v State legal regime
o Democratic
o Anti-democratic
9. The form of government.
Form of government- the organization of the supreme state power, the procedure for the formation of its bodies and their interaction with the population.
FP clarifies:
§ Method of organizing state. bodies (legitimate or not)
§ What entity exercises power (collegial, sole)
§ The degree of participation of the population in the formation of the highest bodies of state power
§ How is the competence delineated between the highest bodies of state. authorities
§ The degree of responsibility of the state to the population.
MONARCHY- a form of government in which power is fully or partially concentrated in the hands of the head of state.
Signs:
1. Power is inherited
2. The power of the monarch is unlimited
3. The government does not depend on the population and is not responsible to it
4. The power of the monarch is exercised alone
Types of monarchies:
· Absolute(power is not limited by anything)
