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Exercise of state power. State power is public The bearer of state power is the president

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State power is the most important attribute of the state, endowed with power functions to govern the country. In a modern democratically oriented society, state power is based on the principle of democracy. Its source is not the divine will and not the charismatic properties of the ruler, but the sovereignty of the people; his will, expressed in the country's constitution, determines the nature of state power and the forms of its implementation.

Introduction …………………………………………………………………………….
1 The concept of the state and its significance for society
The concept of the state and its main features …………………………… ..
The social significance of the state ……………………………………………
2 The concept and properties of state power
2.1 The concept of state power …………………………………………… ..
1.2 Signs of state power ……………………………………………
1.3 Principles of organization and activity of the state apparatus ... ... ...
3 The state as the bearer of state power ……………………………
4 The theory of separation of powers in the state and the practice of its implementation in the Russian Federation …………………………………………………………….
Conclusion …………………………………………………………………………
Bibliography……………………………

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Political power usually finds its expression in state power. Only on rare occasions are there other forms of political power. The political (but not state) power was the power of the Soviets in the conditions of dual power in February - July 1917. in Russia (it became state as a result of the revolution in October 1917).

2.2 Signs of state power

State power is political in nature, but not all political power is state.

There are several signs of state power:

1) The state authority acts as the official representative of the society of a given country. Only she is legally authorized to act on behalf of the entire society and, as such, apply on its behalf, if necessary, legalized and in most cases legitimate coercion and violence.

2) State power has supremacy in society, it is sovereign. The exercise of all other varieties of power can be regulated by the state and law.

3) By regulating the relations between different classes, social and other groups, the state power plays an arbitration role in society, although at the same time, first of all, it protects the interests of economically dominant classes and strata of the population, the most influential "pressure groups".

4) Unlike political, state power is highly formalized, its organization, the procedure for its activities are determined in detail by constitutional norms and other legislation.

5) State power is exercised by a specialized state apparatus (parliament, government, courts, militia (police), etc.), while the political power of the Soviets under conditions of dual power relied on armed detachments that fought against the existence of state power.

In a federal state, state power is possessed not only by the federation, but also by its constituent entities (republics and other constituent entities of the Russian Federation, etc.). They have their own parliaments, government sometimes - their presidents (republics in Russia and Yugoslavia). However, the state power of the subject of the federation is subordinate. The supremacy belongs to the federation.

State power, as the power acting on behalf of the whole society, should be distinguished from the power of local self-government, which is also public and political, but this is the power of a certain part of the population - a territorial collective within the boundaries of a particular administrative - territorial unit (district, district, etc.) etc.).

2.3 Principles of organization and operation of the state apparatus

The principles of organization and activity of the state apparatus are understood as the guiding abstract provisions on the basis of which state bodies are formed and function.

These include:

the principle of legality - the principle of compliance, strict adherence to the law and consistency of all aspects of the activity of the state apparatus as a whole, its individual bodies and civil servants with the constitution, laws and bylaws;
the principle of efficiency - ensuring the effectiveness, profitability of management activities, which is especially necessary in the conditions of market relations;
the principle of professionalism; in accordance with it, the employment of certain positions (especially management) by qualified, competent, certified specialists using a scientific approach is ensured;
the principle of democracy, ensuring the participation of all citizens, the people as a source of state power in political decision-making, the formation and operation of state bodies;
the principle of humanism, which recognizes the values of each individual person as a person, the priority of his legal rights, freedoms and interests;
the principle of publicity, which ensures the transparency of the activities of state bodies, their periodic reporting, informing the population about the results of activities in certain areas;
the principle of national equality, which requires equal access to filling vacancies in the state apparatus for people not of one particular, but of different nationalities or races;
the principle of centralism, reflecting the hierarchy of the structure of the state apparatus, vertical or horizontal subordination;
the principle of federalism, which expresses the unity of state power in a federal country when delimiting the jurisdiction of the federal center and individual subjects of the Federation;
the principle of combining one-man management and collegiality, which allows to combine collective discussion with prompt decision-making by the chief;
the principle of separation of powers, according to which the legislative, executive and judicial powers are distinguished; it creates a balance of powers, their control (containment) and excludes abuse of power.

3 The state as the bearer of state power

The central place in the institutional subsystem is occupied by the state - a whole system of bodies, structures, using a variety of resources. Only individual state bodies have the right to use violence, to ensure that decisions are made binding. The state by its nature is the organization of the whole society, one way or another, reflecting various interests. The power of the state extends to all citizens living in a given territory, regardless of religion, political positions, social status.

The state as the focus of power is a necessary precondition for the existence of any form of political structure. By "state" is meant a centralized institution that is responsible for the integrity of the territory, controls the armed forces, is able to raise sufficient funds to maintain military and civilian officials and has, at least in the eyes of its personnel, the power to make decisions of power. In this interpretation, the state as an institution should be assessed in accordance with its real position - as a subject in the system of states and in society itself, formed under the influence of domestic economic, social and political processes and, in turn, influencing the latter.

A state that is confident in the ability to rule its territory, protect and control it, make decisions, finance its activities, as well as having a certain freedom of maneuver, can be called strong. The state, whose ability to perform these tasks is constantly challenged by some groups from within or from the outside, is weak. Both strong and weak states can resort to repression; in both, authoritarian, democratic regimes can exist, but in a weak state the form of political government is constantly under threat.

The government does not necessarily use coercion to achieve its goals. Ideological, economic and other methods of influence can be used. At the same time, it is the state power that has the monopoly to compel members of society to fulfill their intentions. The structure of power or the distribution of power is in fact the division of the right to use it. When they say that one person has more power than another, it means that he has more freedom of action.

Power in the state is institutionalized. This means that one should not confuse the persons temporarily exercising this power with the power itself, which belongs to the political community (the state). Members of the elite change, but the institutionalized power of the state does not disappear from this, unless these changes are accompanied by the destruction of the state due to other reasons, such as civil war or subordination to another state.

The political elite can enforce power using legal norms. The coercive nature of legal norms is reflected in the extent to which their violation allows state authorities to impose sanctions. Power is exercised through these norms. Legal regulations state what exactly needs to be done, although this is never fully implemented. To the extent that the majority of the population of a particular state complies with these norms. Thus, political power is a regulator of the behavior of the population of a given state, since the norms determine its behavior.

If the authorities are shown to be disrespected, the rulers, relying on the institutionalized apparatus of violence, can apply the sanctions provided by the political system. The political elite is forced to use institutionalized violence on a permanent basis only in exceptional cases, since it has sufficient means of direct and indirect persuasion to manage collective behavior. Institutionalized violence is the last argument used by the political elite when the threat of elite overthrow arises.

The state is the most ancient and enduring institution. Parties, lobbyists, associations have emerged over the past 150-200 years. The state is over ten thousand years old. The existence of the state is supported by the following factors. First, the need for the territorial integrity of society, the availability of guarantees against any external threat. Secondly, society is forced to exist as a whole with great inequality between people. This is possible if there is a common authority, a force that everyone obeys. Thirdly, the existence in society of problems affecting the interests of all its members, gives rise to adequate structures that take upon themselves to solve them. By the strength and effectiveness of the state, one can judge the organization of society. The very fact of the existence of the state means that society has risen to the recognition of the supreme power for itself, a single order for all. The state is strong enough, unshakable if citizens are united by a conscious common interest, their rejection of what destroys the foundations of the political order. The main criterion for the development of a nation is the stability of its state formation. In turn, there is no development of political power, statehood without national identity, social and ethnic identity.

One cannot but agree with G. Belov's idea that the people's awareness of the need for their state formation is the first basis for the functioning of politics as a whole. Without such a foundation, there is only room for partial or deformed politics and power.

Power is one of the most important types of social interaction, a specific relationship, at least between two subjects, one of which obeys the order of the other, as a result of this submission, the ruling subject realizes his will and interests.

Power is sometimes identified with its instruments - the state, with its means - management, for example, with its methods - coercion, persuasion, violence. Some authors draw an equal sign between power and authority, which has much in common with it, but also differs from power in principle.

Power itself appears in the form of management, management - in the form of power. But management is not the functioning of power. Management, B. Krasnov emphasized, is broader than power. Power is an element of control, a source of control power. The management process is the process of realizing the will of power to achieve the goal of the ruler. Management is the means by which the purposeful influence of power turns from a possibility into reality.

One of the most common ideas about power is understanding it as coercion. According to M. Baytin, power, regardless of the forms of its external manifestation, in essence, is always compulsory, because, in one way or another, it is aimed at subordinating to the will of the members of a given collective, dominating or guiding in it by a single will. It would be absurd to deny that power is manifested in the process of submission, coercion of the will of any subject. At the same time, I believe that it would be wrong to reduce the essence of power relations only to violence and coercion. Unfortunately, this was characteristic of the Marxist tradition of political thought. Marx's statement - "violence is the midwife of any old society when it is pregnant with a new one" - has become an imperative of revolutionary thinking and action. In my opinion, the following reasons do not allow reducing power relations to violence. The fact is that power is incomplete when the subject has not achieved the set goals. If the desired results are not achieved, then the colossal difficulties associated with overcoming the resistance of other people testify not to the triumph of power, but to its inferiority. In addition, it is unclear why the mobilization of people to achieve socially significant goals should be carried out only on the basis of coercion and violence. After all, there are many other ways to influence.

Political scientists distinguish between modern states by forms of government and administrative and state structure. Looking at the modern political map of the world, you will see many different names of states, which indicates a wide variety of forms of government: for example, the Principality of Liechtenstein, Islamic Republic of Iran, United Kingdom of Great Britain and Northern Ireland, South Africa. However, even the full name of the state will not help us to accurately determine its form of state power.

Aristotle wrote: "The state structure (polheia)- this is the order in the field of organizing public offices in general, and first of all the supreme power: the supreme power is everywhere connected with the order of public administration ( politeyma), and the latter is the state structure. I mean, for example, that in democracies the supreme power is in the hands of the people; in oligarchies, on the contrary, in the hands of a few; therefore, the state structure in them we call different. From this point of view, we will judge the rest ...

Monarchical government, which has in mind the general benefit, we usually call royal power; the power of a few, but more than one, - by the aristocracy (either because the best rule, or because it means the highest good of the state and those who are part of it); and when the majority rules for the common good, then we use the designation common to all types of government - polity ...

Deviations from these devices are as follows: from the royal power - tyranny, from the aristocracy - oligarchy, from polity - democracy. Tyranny - monarchical power, meaning the benefits of one ruler; the oligarchy watches over the benefits of wealthy citizens; democracy - benefits for the poor; one of them does not mean the general benefit of pi ...

Tyranny, as we have said, is a despotic monarchy in the field of political communication; oligarchy - the type when the supreme power in state administration is held by those who own property; on the contrary, in a democracy, this power is not concentrated in the hands of those who have a large fortune, but in the hands of the poor. "

Form of government- This is an organization of state power, which includes the structure and status of the highest authorities. Modern political history knows two main forms of government - monarchy and republic.

Under the monarchical form of government, the source and bearer of state power is the monarch, under the republican form, the people and elected government bodies. The institution of monarchy has survived today in almost 30 countries of the world, including Spain, Sweden, Great Britain, Jordan, Kuwait, Saudi Arabia, etc.

Monarchies are absolute and constitutional.

In an absolute monarchy, the head of state (monarch) concentrates in his hands the entirety of the legislative, executive and judicial powers. The heyday of absolutism in Europe fell on the 17th – 18th centuries. In the Russian Empire, this was the period of the reign of Peter I and Catherine II. In the modern world, absolute monarchies have survived mainly in Asia: Saudi Arabia, Brunei, Oman, Qatar. Under the emirs and sultans, there are sometimes advisory bodies - quasi-parliaments, but they have very limited political capabilities.

Under a constitutional (parliamentary) monarchy, laws are passed by parliament and approved by the monarch. However, this prerogative of the monarch, like most of his other powers, has a formal character: due to the prevailing political practice and constitutional customs, the monarch does not refuse to sign laws adopted by parliament. According to constitutional provisions, the government is not responsible to the monarch, but to parliament. Currently, parliamentary monarchies are Great Britain, Belgium, Holland, Denmark, Sweden, Spain, Luxembourg.

The question is often asked: why do some states still retain the monarchical form of government, if the real power does not belong to the monarch? Sociologists who conduct surveys of the population in European countries argue that the majority of citizens see the monarchy as a symbol of the unity of the nation, the embodiment of political traditions and guarantees of political stability, since the power of the monarch does not depend on the game of political forces.

French political scientist and philosopher Raymond Aron wrote: "The republic is a system in which the supreme power is in the hands of the entire people or a part of it, a monarchy is a system in which one rules, but adhering to constant and clear laws; finally, despotism is a system in which one, but without laws, on the basis of arbitrariness. Consequently, all three types of government are determined not only by the number of persons holding power. Supreme power belongs to one both under a monarchy and under despotism. Classification assumes the presence of one more criterion: whether power is exercised in accordance with constant and firm laws.

Depending on whether the supreme power of a single ruler corresponds to the rule of law, or whether it is alien to any kind of legality in general, the fundamental principle of the system is either honor or fear. "

Among the republican forms of government are distinguished presidential and parliamentary.

A presidential republic assumes that the country is holding separate elections for parliament and president, and this should strengthen the independence of these two branches of government. Political scientists consider the United States to be a classic presidential republic. In this country, the Congress does not have the right to dissolve the government or remove the president, it is only given the right to initiate an impeachment case against the president in exceptional cases (violation of the constitution, committing crimes, etc.); in turn, the president has no right to dissolve parliament and call new elections. Presidential republics are common in Latin America. The modern Russian Federation is also a presidential republic.

Parliamentary republics are quite widespread in Europe (Italy, Germany, Greece, Ireland, Portugal, Austria). In a parliamentary form of government, the population elects a parliament, which appoints the government and can recall it, expressing no confidence in it. Here it is possible to combine the positions of a member of the government and a deputy of parliament. Real power belongs to the head of government - the prime minister or the chancellor. The president (head of state) has mainly representative functions. The Prime Minister can dissolve parliament and call new elections.

France, Portugal, Finland have their own peculiarities associated with direct presidential elections by the population, therefore sometimes the political structure of these states is referred to as mixed forms of government combining elements of presidential and parliamentary forms; they are usually called semi-presidential.

Another criterion for distinguishing the forms of modern states is administrative-territorial structure, which reflects the nature of the territorial organization of state power. Two main models can be distinguished: unitary(from lat. unitas- unity) and federal(from late lat. foederatio- unification, union).

Unitary state is considered the simplest form of government. This is a single, centralized state entity, which is divided only into administrative-territorial parts. A unitary state is characterized by the existence of supreme legislative bodies, governing bodies (executive bodies), a single judicial system and a constitution that are common for the whole country. The unitary states are England, France, Italy, Hungary, Mongolia. The unitary system grants minor autonomy to the territories included in it, the main management is carried out directly from the capital. Subdivisions - departments in France, provinces in Italy, counties in Sweden - mostly exist for administrative convenience.

Federal government system consists of units that have a significant political life of their own (states in the USA, cantons in Switzerland, lands in the Federal Republic of Germany). These units cannot be arbitrarily abolished or changed by the central authority on a legal basis. Each of these entities has its own administrative-territorial division. Along with the existence and activities of the supreme bodies of state power common to the entire federation, their own supreme and local state bodies operate on the territory of each of them. The situation is similar with the constitution and other federal laws, with judicial, prosecutorial and other bodies. Examples of the federal structure of the state are Australia, Germany, Canada, India, USA, Russia, etc. As part of the Russian Federation, there are currently 83 equal subjects, including 21 republics, 9 territories, 46 regions, 2 cities of federal significance, 1 autonomous region, 4 autonomous regions.

Theoretically, there is a third possibility of an administrative-territorial organization - confederation. It is such a free formation that its constituent parts can successfully fight against the central government. Confederations are usually short-lived; they either disintegrate or become federations. Switzerland can serve as a historical example of a confederation: this country still calls itself a confederation, although in fact it has a federal type of administrative government. The de facto confederation is the Union of Bosnia and Herzegovina, although this union is legally a soft federation. The European Union is considered a soft, "loose" confederation, although this is not legally stipulated.

Aristotle. Politics. Cit .: in 4 volumes. T. 4. Μ., 1983. S. 455–458.
Aron R. Democracy and totalitarianism // Anthology of world political thought. T. 2.P. 521.

State power is a public-political relationship of domination and subordination between subjects, based on state coercion.

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Introduction ………………………………………………………………………… ..3

Chapter 1. THE DEFINITION OF STATE POWER .............................................. 6

1.1 Definition of state power ………………………………………… 6

1.2 Classification of forms of exercise of power. Functions of state power …………………………………………………………………………… ..10

1.3 Properties of state power …………………………………………… .13

Chapter 2. LEGISLATIVE AND EXECUTIVE BODIES OF STATE POWER IN THE SUBJECTS OF THE RUSSIAN FEDERATION ………………………… 15

2.1 Legislative authorities in the constituent entities of the Russian Federation ... ..... 15

2.2 Executive authorities of the constituent entities of the Russian Federation ……… .19

Chapter 3. The state as the bearer of state power27

Conclusion ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… .33

List of sources and literature used ………… 35

Introduction

Power is a complex, multifaceted phenomenon that manifests itself in different organizational forms, methods and ways of its implementation, a system of relations, goals, etc. 1 ... In the legal literature, some authors consider power as a specific function inherent in any collective, society; other researchers - as a volitional attitude (power relationship) of the dominant and subordinate subjects; still others - as the ability of the ruler (manager) to impose his will on others; the fourth - as an organized force capable of subordinating to the will of a certain social community of other people. Power is also understood as coercive governance. Finally, power is often understood as the state or its bodies exercising power.

Power gives the society integrity, controllability, serves as the most important factor in organization and order. In other words, it is a backbone element that ensures social viability. Under the influence of power, social relations become purposeful, acquire the character of controlled and controlled ties, and the joint life of people becomes organized and orderly.

State power is a special kind of social power.

State power is a public-political relationship of domination and subordination between subjects, based on state coercion.

Such power carries out a function related to the leadership, management and coordination of volitional actions of people. State power leads to the establishment of such relations in which it acts as the highest authority, voluntarily or involuntarily recognized by all members of the social community that has developed in a given territory. Powerful leadership presupposes, on the one hand, the ability of the bearers of power functions to determine the behavior of people, on the other hand, the need for those subject to subordinate their behavior to the imperative command.

The relevance of the work is determined by the fact that the concept of state power is one of the central in the theory of state and law. It provides the key to understanding political institutions, political movements and politics itself. The definition of the concept of power, its essence and nature is essential for understanding the nature of politics and the state, allows you to highlight politics and political relations from the entire sum of social relations.

There are many approaches to the interpretation of power and the reasons for its emergence in society.

The object of study in this course work is the public, arising in the process of exercising state power by the state.

The subject of study in this course work is the relationship between the state and state power, the state as the bearer of this power.

The purpose of this work is to reveal the phenomenon of state power, considering it in some basic aspects, to consider the state as the bearer of state power, to show how relations in society become political thanks to power. That is, to show power as the fundamental principle of politics.

Therefore, this goal is realized by solving the following tasks:

give a definition of state power, reveal the signs and essence of state power;

to reveal the relationship between state power and the state, to consider the role of the state in the system of power regulation.

When writing this course work, such methods of scientific knowledge as historical, logical, system analysis were used.

Modern Russian political scientists, summarizing foreign and domestic experience in approaches to the problem outlined in the course work, express a large number of very valuable ideas. These are the works of V.N. Amelina, B.I. Krasnova, G.A. Belova, A.G. Zdravomyslova and others, are of fundamental importance when considering issues related to the problem of state power relations.

state power political subordination

Chapter 1. CONCEPT OF STATE POWER

1.1 Definition of government authority

State power is a form of social power. This is a socio-psychological, volitional phenomenon that finds its material embodiment in various bodies, institutions, socio-political institutions, which together form the mechanism of state power. It is a fundamental category of state studies and the most difficult to comprehend phenomenon of social life of people. The concepts of "state power", "power relations" reflect the most important aspects of the existence of human civilization, reflect the harsh logic of the struggle of classes, social groups, nations, political parties and movements. It is no coincidence that the problems of the authorities worried in the past, and are of concern today, scientists, theologians, politicians, and writers.

As J. Locke pointed out in his work "On the Purposes of Political Society and Government", in a state of nature, a person has two types of power. First, it is the power to do what he considers necessary to protect himself and others within the framework of the law of nature. According to this law, common to all, he and the rest of humanity are one community, different from all other creations. Another power that a person possesses in a state of nature is the power to punish crimes committed against a given law. 2 ... He renounces both of these types of power when he joins a private or separate political society and enters into a state separate from the rest of humanity. A person renounces the first power in order to be regulated by the laws created by society, to the extent that it will require the preservation of himself and the rest of this society. He renounces the second power completely and uses his natural strength to assist the executive power of society to the extent required by law.

As a kind of social power, state power has all the characteristics of the latter. At the same time, it has many quality features. The most important feature of state power lies in its political and class nature. In scientific and educational literature, the terms "state power" and "political power" are usually equated. Such an identification, although not indisputable, is permissible. In any case, state power is political and contains an element of class.

The founders of Marxism characterized state political power as "the organized violence of one class to suppress another." "State power is the political domination of a class that exercises leadership in society. State power arises with the split of society into classes and is a product of the irreconcilability of class contradictions." For a class-antagonistic society, such a characteristic is generally correct. However, any state power, especially a democratic one, can hardly be reduced to "organized violence." Otherwise, the idea is created that state power is a natural enemy of all living things, all creativity and creation. Hence the inevitable negative attitude towards the authorities and the persons who embody it. Hence the far from harmless social myth that all power is an evil that society is forced to endure for the time being. This myth is one of the sources of all sorts of projects for curtailing public administration, at first diminishing the role, and then destroying the state.

Meanwhile, a truly popular power functioning on a scientific basis is a great creative force that has a real ability to control the actions and behavior of people, resolve social contradictions, coordinate individual or group interests, subordinate them to a single power will by methods of persuasion, stimulation, coercion. 3 .

State power is implemented through public administration - the purposeful impact of the state, its organs on society as a whole, one or another of its spheres (economic, social, spiritual) on the basis of known objective laws to fulfill the tasks and functions facing society. Another major feature of state power is that it manifests itself in the activities of state bodies and institutions that form the mechanism (apparatus) of this power. It is called state because it practically personifies, sets in motion, implements it, first of all, the mechanism of the state. Apparently, this is why state power is often identified with state bodies, especially the highest ones. From a scientific point of view, such an identification is unacceptable. First, state power can be realized by the ruling subject himself. For example, the people, through a referendum and other institutions of direct (direct) democracy, make the most important state decisions. Secondly, political power does not initially belong to the state and its organs, but either the elite, or the class, or the people. The ruling subject does not transfer his power to the state authorities, but endows them with powers of authority. State power can be strong or weak, but, devoid of organized power, it loses the quality of state power, since it becomes unable to enforce the will of the ruling subject, to ensure law and order in society. State power is not without reason called the centralized organization of power. True, any power needs the power of authority: the deeper and more fully the power expresses the interests of the people, of all strata of society, the more it relies on the power of authority, on voluntary and conscious submission to it. But, as long as the state power exists, it will also have substantive and material sources of power - armed organizations of people or law enforcement agencies (army, police, state security bodies), as well as prisons and other institutions of a penitentiary nature.

State power is the political leadership of society with the help of the state apparatus, acts as an instrument for the implementation of the generally binding will of the ruling elite or the entire society. Power functions at three levels of the social structure of society: at the level of the whole society; personal or in small groups. At all levels of power action, power is exercised through certain institutions and officials. State will finds its expression in social and, most importantly, in legal norms. "The means of exercising power," considers RZ Livshits, "are, first of all, legal norms." 4 ... Legal norms "are capable of quite accurately, in detail, in particular, fixing the requirements for human behavior, the framework and conditions of actions, detailing possible or required options for behavior, the consequences of non-compliance with legal requirements" and thus contribute to the development of society in the direction necessary for state power. Legal norms are expressed not only in the form of relevant rules, but also in the form of legal principles. The main bearer of power relations is the state. It, in the person of specific organs in the center and in the localities, acts (or should) the main subject of ruling. For science and practice, the structuring of power relations, personified by the state, is of great importance.

1.2 Classification of forms of exercise of power. Functions of state power

The most frequently used classification is based on the division of the forms of exercising power: legislative, executive and judicial. Another approach to the typology of state power is manifested in the consideration of the levels of power at the interacting levels: federal, regional and local. In the literature, there are a different number of attempts to classify the forms and types of power: institutional and non-institutional; by function; by the volume of prerogatives; by methods. Another typology is based on an assessment of the nature and quality of power, on the degree of participation of the population in its implementation, on the completeness of representation of the interests of various social groups: oligarchy; ethnocracy; theocratic forms of power; technocracy and ochlocracy.

The essence and properties of state power are organically linked with its functions. The functions of state power cannot be equated with the functions of the state. The relationship of these categories can be defined as the relationship between form and content.

The main functions of state power include: lawmaking, law enforcement and law enforcement.

Lawmaking in the social plane is the coordination of the volitional aspirations of various subjects of society by removing contradictions, developing a compromise version of behavior 5 ... At this stage, the main legitimations of state power are laid, that is, a state that expresses the correctness, justification, expediency, legality and other aspects of the compliance of a particular state power with the attitudes, expectations of the individual, social and other collectives, society as a whole. All government bodies are involved in law-making activities. At the same time, it should be noted that the Constitution of the Russian Federation (Article 94) defines lawmaking as the main function of the Federal Assembly and calls it a legislative body. Only the Federal Assembly is competent to issue federal laws that have the highest legal force on the territory of the Russian Federation.

Enforcement activity is a kind of by-law activity. State bodies and officials implement the prescriptions of legal norms in specific cases by issuing an act of application of law. Law enforcement is a creative process when the ruling subject, having established the factual circumstances of the case, finds the appropriate rule of conduct proposed by the legislator, and, after a final check, implements it. Law enforcement activity is the prerogative of executive authorities, which are endowed with a certain part of state and power powers necessary for practical implementation on a national scale.

Law enforcement activity is the activity of specially authorized bodies for the protection of constitutional rights and freedoms of citizens, public associations, government agencies and organizations by applying legal measures in strict accordance with the law and in strict observance of the order established by it. 6 ... The general social importance of law enforcement, its versatility is manifested in a wide range of social functions, which predetermine the main directions of this type of activity: constitutional control; justice; organizational support for the activities of courts; prosecutor supervision; detection and investigation of crimes; provision of legal assistance and defense in criminal cases.

The bodies entrusted with the implementation of the law enforcement function are the court, the prosecutor's office, investigative divisions, inquiry bodies, subjects of operational-search activities, internal affairs bodies, the security service, federal tax police, the legal profession, the notary and others. Organizational and legal forms of implementing the functions of state power are usually subdivided into economic, political, ideological, and organizational ones. These forms are in logical interaction with legal ones and cannot be opposed to each other. They are based on economic, political, moral laws, but this in no way excludes their legal mediation.

State power is a fundamental category of state studies and the theory of state and law and the most difficult to comprehend phenomenon of people's social life. The main components of power are its subject, object, means (resources, sources) and the process that sets in motion all its elements. As a kind of social power, state power has all the characteristics of the latter. At the same time, it has many qualitative features: the clotting of the normative system of power relations in the form of law; the prevalence of power over the entire territory of the state; the presence of a system of special organizations that exercise state power; the possibility of using state coercion.

So, having analyzed various approaches to the concept of state power, we can conclude that state power can be understood as the political leadership of society with the help of the state apparatus, an instrument for implementing the generally binding will of the ruling elite, a will that, depending on the level of democracy, corresponds to the interests of certain social strata.

1.3 Properties of state power

Speaking about the peculiarities of state power, its special qualities, signs, two circumstances should be borne in mind: firstly, the close, one might say inseparable, connection of state power with the state, and secondly, the fact that state power and the state are all -so the phenomena are different, not identical. It follows from this that, on the one hand, the signs of state power and the state are interconnected, closely intertwined, and on the other hand, they do not completely coincide and approaches to their characterization should be different.

The special properties of state power include the following 7 :

For state power, the force on which it is based is the state: no other power has such means of influence.

State power is public. In a broad sense, public, that is, public, is any power. However, in the theory of the state, a different, specific meaning is traditionally put into this characteristic, namely, that state power is exercised by a professional apparatus, separated (alienated) from society as an object of power.

State power is sovereign, which means its independence outside and supremacy within the country. The supremacy of state power primarily lies in the fact that it is above the power of all other organizations and communities of the country, all of them must obey the power of the state.

State power is universal: it extends its power to the entire territory and to the entire population of the country.

State power has the prerogative, that is, the exclusive right to issue generally binding rules of conduct - legal norms.

In time, the state power operates constantly and continuously.

Government:

It applies to the entire society (this is the only authority that is relevant to all persons living in a given country, is generally binding);

Is of a public-political nature (designed to perform public functions, solve common affairs, streamline the process of satisfying various kinds of interests);

Based on government coercion (has the right to use force when necessary to achieve legal and fair goals);

Carried out by special persons (officials, politicians, etc.);

Establishes a tax system;

Organizes the population on a territorial basis;

It is characterized by legitimacy and legality.

Chapter 2. LEGISLATIVE AND EXECUTIVE BODIES OF STATE AUTHORITIES IN THE SUBJECTS OF THE RUSSIAN FEDERATION

2.1 Legislative authorities in the constituent entities of the Russian Federation

The legislative (representative) body of state power of the constituent entity of the Russian Federation is the permanently acting supreme and only body of legislative power of the constituent entity of the Russian Federation, the legal status of which is enshrined in legislation 8 .

Legislatures are formed on the basis of universal, equal and direct suffrage by secret ballot.

The structure and procedure for the formation of representative bodies of the constituent entities of the Russian Federation is established by the constitution (charter) of the corresponding constituent entity of the Russian Federation. The structure of the legislative (representative) body of state power of a constituent entity of the Russian Federation may include permanent deputies (their number is established by the laws of the corresponding constituent entity of the Russian Federation), who form working groups from among their members to resolve issues of organizational, legal, informational, logistical and financial support.

The procedure for the formation of representative bodies of power of the constituent entities of the Russian Federation: at least 50% of the deputies of the legislative (representative) body of state power of the constituent entities of the Russian Federation are elected in a single electoral district, and at least 50% of the deputies of one of the chambers of the specified body in proportion to the number of votes cast for the lists of candidates for deputies nominated by electoral associations, electoral blocs.

The deputies of the representative bodies of power of the constituent entities of the Russian Federation are subject to the status of deputies, including deputy immunity.

Citizens of the Russian Federation who have reached the age specified by the law of the constituent entity of the Russian Federation and who have not been recognized by the court as partially capable or incapacitated may be elected as deputies of the representative body of the subject of the Russian Federation in the manner established by the subject of the Russian Federation

The competence of the legislative (representative) body of state power of the constituent entity of the Russian Federation: 1) adoption of the constitution (charter) of the constituent entity of the Russian Federation and amendments to it, unless otherwise established by the constitution of the constituent entity of the Russian Federation; 2) issuance of laws on the subjects of jurisdiction of the subject of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and its subjects within the powers of the subject of the Russian Federation 3) control over the observance and execution of the laws of the constituent entity of the Russian Federation, the execution of the budget of the constituent entity of the Russian Federation, the execution of the budgets of territorial state extra-budgetary funds of the constituent entity of the Russian Federation, compliance with the established procedure for disposing of the property of the constituent entity of the Russian Federation; 4) other powers established by the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the subject of the Russian Federation 9 .

The representative (legislative) body of power of the constituent entity of the Russian Federation has the right to adopt at its meetings the laws of the constituent entity of the Russian Federation and resolutions.

Acts of a legislative (representative) body of state power of a constituent entity of the Russian Federation are considered adopted if at least 2/3 of the established number of deputies have been elected to this body at the time of adoption of the acts, and at least the number of deputies established by the laws of the constituent entity of the Russian Federation was present at the meeting.

Financing of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and their activities is carried out from the budget of the corresponding constituent entities of the Russian Federation.

Republic. The most common common names for the representative bodies of the republics are:

State Council,

State Assembly,

People's Assembly,

Legislative Assembly,

Parliament.

Some republics name their representative bodies taking into account national terminology (the People's Khural in Buryatia and Kalmykia, the Supreme Khural - the parliament in Tuva, the People's Assembly - Khalnya Gulam - the parliament in Ingushetia, etc.).

The Constitutions enshrine them as the highest legislative and representative bodies of state power, and the decisions of these bodies are sometimes endowed with the highest legal force on the territory of the republic, despite the fact that the foundations of the constitutional system of the Russian Federation proclaim the supremacy of the Constitution of the Russian Federation throughout the country.

The representative bodies of the republics are predominantly unicameral. Bicameral parliaments exist in Bashkortostan (the House of Representatives and the Legislative Chamber), Karelia (the House of the Republic and the House of Representatives), Kabardino-Balkaria (the Council of the Republic and the Council of Representatives), Sakha (Yakutia) (the House of the Republic and the House of Representatives).

The numerical composition of parliaments is determined by the constitutions and laws of the republics, and, therefore, is determined on the basis of the norms of representation, corresponding to the size of the territory and population of each republic.

The governing bodies of the representative bodies of the republics include the chairman and his deputies, elected by the parliament or the chamber, and some other persons (in Sakha (Yakutia), for example, a permanent secretary of the chamber is elected). In some republics, a parliamentary presidium is elected, which includes the Chairman, his deputies and chairmen of parliamentary committees. From among the deputies, permanent committees (commissions) are formed, which consider draft laws, exercise control over the implementation of laws and other decisions of parliament. Deputies are also members of various auditing, credentials and other special commissions.

Edges, regions and other subjects of the Russian Federation. The representative system of these subjects of the Federation is fundamentally no different from the republican one. The role of legislative bodies in the system of state power bodies, their relationship with the head of administration (executive power), the procedure for education and work are similar or similar. But there are also some differences.

All the main issues of the organization and activities of the legislative bodies of the constituent entities of the Russian Federation are regulated in the charters and laws. The names of the legislative bodies are different (State Duma, Duma, Regional Duma, Assembly of Deputies, City Duma (Moscow), Legislative Assembly, etc.). In Moscow, the Duma is at the same time a representative body of city government. All of these parliaments are unicameral and are elected on the basis of universal, equal and direct suffrage by secret ballot. The usual term is 4 years.

The competence of the legislative bodies is quite wide, it includes the organization of state power and local self-government, economic and social development, etc.

The internal organization and order of work of the legislative bodies of the region, region and other subjects of the Russian Federation practically does not differ from the republican ones. They also form standing committees and commissions, elect a chairman and deputies, etc. Their legislative acts are binding on all citizens, officials, organizations, enterprises, institutions located on the territory of a given subject.

2.2 Executive authorities of the constituent entities of the Russian Federation

The executive power in the constituent entities of the Russian Federation occupies a leading place in the system of state power bodies, it is endowed with broad powers and is regulated in more detail than the executive power in the Constitution of the Russian Federation. And although in the constitutions and charters of the constituent entities of the Russian Federation, chapters on this branch of power sometimes follow the chapters on legislative power, the executive power, inextricably linked with the powers of the head of state, is far from limited to the role assigned to it only as an executor of laws and surpasses the legislative power in terms of its political weight.

The formation of the system of executive authorities of the republic, territory, region and other subjects of the Russian Federation occurs in accordance with the constitutional provisions, as well as regulations that determine the legal status of the republic, territory, region as subjects of the Russian Federation, the legal status and organization of interaction between the authorities. Such acts are constitutions, charters of territories, regions, a management scheme, laws, as well as provisions on individual executive bodies of republics, territories, regions, approved by the head of the executive branch of a constituent entity of the Russian Federation.

Since the Constitution of the Russian Federation considers the republics as states, the constitutions of the republics establish the post of the head of state, called the president, head of the republic, or head of state.

In the organization of the executive power and its relationship with the powers of the head of state of the republic, several main types can be distinguished 10 :

1. The government is an executive body accountable to the president of the republic (head of the republic), although it is also responsible to parliament. (Tatarstan, Bashkortostan, Kalmykia, etc.). In this group of republics, the government actually works under the direct supervision of the head of state.

2. The head of state heads the system of executive power and is the chairman of the Government (for example, the Republic of Komi, Buryatia). In this group of republics, there is a direct merger of the functions of the head of state and head of government in one person.

3. The formation of the Government and the organization of executive power are carried out by collegial bodies (Dagestan and some others).

Like republics, territories, regions and other subjects of the Russian Federation, they independently form a system of executive authorities on their territory. The legal basis for this is the charter, as well as laws adopted by their own representative bodies, and legal acts of heads of administrations.

Unlike the republics, many territories and regions are guided not only by charters, but also by the so-called management scheme, which is designed to provide comprehensive management of the constituent entity of the Russian Federation on all major issues. The scheme includes a list of subjects and objects of management, a description of the functions of executive authorities and the procedure for their relationship, the procedure for making decisions, etc.

The functions of the executive power on the territory of a constituent entity of the Russian Federation are carried out by a system of executive power bodies headed by the respective administration.

The system of executive bodies is formed by three main groups of bodies 11 :

1) the bodies that make up the apparatus of the head of the administration;

2) directorates, committees, departments and other services of the administration, which are in double subordination with the prevalence of subordination to the head of the administration;

3) territorial bodies of federal ministries and departments that are part of the system of executive authorities of a constituent entity of the Russian Federation, but have a pronounced vertical subordination.

The tasks of the administration include ensuring compliance with the Constitution of the Russian Federation and laws, decrees of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, representation, leadership of local authorities, protection of the interests of the region in federal authorities.

The administration consists of the head of the administration, often referred to as the "governor," and in Moscow the mayor, and his deputies, heads of numerous administrative structures. In previous years, the head of the administration was appointed and dismissed by the President of the Russian Federation, but now he is elected everywhere - in most constituent entities of the Russian Federation by the population, but in some - by the legislative body.

The organization of enforcement authorities is understood as a vertical connection between subordinate bodies based on the division of competence between them. The system includes (Fig. 1):

The Government is the supreme body for the execution of power of the state of the Russian Federation

Federation bodies of enforcement authority;

Bodies of federal territories; enforcement authorities;

The enforcement authorities of the constituent entities of the Russian Federation.

The position of the law of enforcement authorities as subjects of administrative relations of law is established by the relevant acts of norms. Since there are many of these bodies and they have a different legal position, it is advisable to systematize them according to significantly important signs of similarity and difference in order to accurately and comprehensively characterize the legal position of each of them separately. A clear systematization makes it possible to avoid confusion in the legislation and the practice of its use in establishing the functions of bodies, their powers and responsibilities, to prevent duplication and interference of some bodies in the affairs of others. In the end, the classification is designed to ensure more effective activities of these bodies (Fig. 2).

Taking into account the scale of territoriality of activity, the enforcement authorities can be of two degrees: federal and federal subjects: republics, territories, regions, cities of significance of the Federation (Moscow, St. Petersburg), autonomous regions and autonomous districts. This feature is determined by the federal state structure and the administrative division of the territoriality of the Russian Federation. On the whole territory of Russia their activities are extended by: the Government, the ministries of the Federation and other bodies of the Federation of the power of execution.

The enforcement authorities of federal subjects carry out their activities consistently within their territory, i.e. territorial part of Russia. The establishment of the Federation bodies of power of execution, their transformation and liquidation are executed by the President at the proposal of the Chairman of the Government.

Fig. 1 - Organization of executive authorities

The bodies of the Federation of the enforcement authorities can form their own territorial bodies (boards, departments, etc.), functioning on the territory of the constituent entities of the Federation, but not being part of the organization of their enforcement bodies. 12 .

In addition, in individual bodies of the Federation, the enforcement authorities have inter-territorial bodies, the activities of which may include several federal subjects (for example, railways, military districts, etc.).

Fig. 2 - Classification of the executive authorities of the Russian Federation

The founding of the enforcement authorities of federal subjects is implemented by them independently in the manner prescribed by Art. 73, 77, 78 of the Constitution, as well as acts of federal subjects.

The Moscow city administration has a specialized (dual) status: it emerges as an executive body of state power and, at the same time, an executive body of city self-government.

Organizational forms of the right to degrees of the Federation differ: Government of the Russian Federation; ministries of the Federation; committees of the state of the Russian Federation; commissions of the Federation of Russia; services of the Federation of Russia; Russian agencies; supervision of the Federation of Russia; other bodies of the Federation of power execution: Main Directorate of Special Programs of the President, State Commission of Technologies under the President, Administration of the President. The organizational forms of the law of the authorities of the execution of federal subjects can be: governments (councils of ministers, city halls, administrations); ministries; committees; departments; main boards, boards, departments and other bodies.

Depending on the scope and nature of the competence, the enforcement authorities are subdivided into 13 :

Bodies of general competence, executing leadership in the territory of subordination of all or the overwhelming majority of managerial sectors and ranges of activity (presidency, governments, heads of administrations, governors of federal subjects);

Sector competence bodies entrusted with the management of certain branches of government or areas of activity (ministry, subdivision of the administration structure);

Bodies of cross-sectoral competence, which are in charge of special issues of government that have cross-sectoral significance (State Committee, Federation Commission and similar bodies of federal subjects). Of these, bodies of special and mixed competence are sometimes distinguished, i.e. combining the qualities of bodies of sectoral and cross-sectoral competence (supervision of the Federation, agencies, etc.).

In terms of the streamlined resolution of subordinate issues, they differ:

Bodies of collegiality of management, resolving major issues on the basis of collegiality, i.e. by a majority of votes of their members (Government, State Committee, Federation Commission, etc.);

Single-member bodies in which the main issues are resolved by their leaders (ministries, most of the administrations of federal subjects).

Collegiality allows more qualified to resolve complex issues, taking into account the views of many specialists. One-man management provides the efficiency of management and an increase in the personal responsibility of managers for the results of the work of the executive authority. In a number of cases, the generalization of these principles can be manifested in the fact that the collegia act in the bodies of one-man management.

Coordination and advisory bodies are formed by the President, the Government, ministries and departments to prepare and analyze proposals on issues of great importance, primarily of an inter-sectoral nature. Their legal status is determined by the Presidential Decree of September 28, 2010

The classification of enforcement authorities can also be carried out on other grounds: by educational order (elected, appointed); by funding sources (types of budget).

Chapter 3. The state as the bearer of state power

The state as the focus of power is a necessary precondition for the existence of any form of political structure. The "state" refers to a centralized institution that is responsible for the integrity of the territory, controls the armed forces, is able to raise sufficient funds to maintain military and civilian officials and has, at least in the eyes of its personnel, the right to make decisions of power. In this interpretation, the state as an institution should be assessed in accordance with its real position - as a subject in the system of states and in society itself, formed under the influence of economic, social and political processes within the country and, in turn, influencing the latter.

The state is the most ancient and enduring institution. Parties, lobbyists, associations have emerged over the past 150-200 years. The state is more than ten thousand years old. The existence of the state is supported by the following factors. First, the need for the territorial integrity of society, the availability of guarantees against any external threat. Secondly, society is forced to exist as a whole with great inequality between people. This is possible if there is a common authority, a force that everyone obeys. Thirdly, the existence in a society of problems affecting the interests of all its members, gives rise to adequate structures that take upon themselves to solve them. By the strength and effectiveness of the state, one can judge the organization of society. The very fact of the existence of the state means that society has risen to the recognition of the supreme power for itself, a single order for all. The state is strong enough, unshakable if citizens are united by a conscious common interest, their rejection of what destroys the foundations of the political order. The main criterion for the development of a nation is the stability of its state formation. In turn, there is no development of political power, statehood without national identity, social and ethnic identity.

Power is sometimes identified with its instruments - the state, with its means - management, for example, with its methods - coercion, persuasion, violence 15 ... Some authors draw an equal sign between power and authority, which has much in common with it, but also differs from power in principle.

One of the most common ideas about power is understanding it as coercion. According to M. Baytin, power, regardless of the forms of its external manifestation, in essence, is always compulsory, because, in one way or another, it is aimed at subordinating to the will of the members of a given collective, dominating or guiding in it by a single will. It would be absurd to deny that power is manifested in the process of submission, coercion of the will of any subject. At the same time, it would be wrong to reduce the essence of power relations only to violence and coercion. Unfortunately, this was characteristic of the Marxist tradition of political thought. Marx's statement - "violence is the midwife of any old society when it is pregnant with a new one" - turned into an imperative of revolutionary thinking and action. In my opinion, the following reasons do not allow reducing power relations to violence. The fact is that power is incomplete when the subject has not achieved the set goals. If the desired results are not achieved, then the colossal difficulties associated with overcoming the resistance of other people testify not to the triumph of power, but to its inferiority. In addition, it is unclear why the mobilization of people to achieve socially significant goals should be carried out only on the basis of coercion and violence. 16 ... After all, there are many other ways to influence.

The foregoing allows us to accept the position of those authors who proceed from the fact that the concept of "power" means the right and ability of some to command, dispose and control others; the ability and ability of some to exercise their will in relation to others, to exert a decisive influence on their behavior and activities, while using authority, law, violence and other means.

According to the Constitution, the Russian Federation is a social state. This means that the state, exercising its power, does not relieve itself of concern for the social protection of its citizens, its policy is aimed at creating conditions that ensure a decent life and free development of a person. The main tasks of the social development of Russian society are also determined by the main directions of the social policy of the Russian Federation: occupational safety and health of people, the establishment of guaranteed wages, the provision of state support for families, motherhood, fatherhood and childhood, disabled and elderly citizens, the development of a system of social services, the establishment of state pensions , benefits and other guarantees of social protection.

Conclusion

State power is a fundamental category of state science and the most difficult to comprehend phenomenon of people's social life. The concepts of "state power", "power relations" reflect the most important aspects of the existence of human civilization, reflect the harsh logic of the struggle of classes, social groups, nations, political parties and movements. It is no coincidence that the problems of the authorities worried in the past and are worrying now scientists, theologians, politicians, and writers.

In this course work, an attempt was made to reveal the phenomenon of state power in some of its main manifestations, to consider the state as the bearer of state power.

Power is the basis that determines policy; power exists wherever there is joint activity; it is a necessary attribute of social relations, the essence of which is to transfer material and spiritual interests and forces into joint action. In order to ensure consistency in any endeavor, someone must take the lead of the order. This initiative is either accepted or challenged. This is an abstract model of the functioning of power: domination, domination and consent and submission. In the implementation of the actual act of power, the situation is much more complicated. Submission and resistance turn out to be intertwined in a very complex and specific way for each individual case.

It should also be emphasized that the classical formulation of the question of power proceeds from the fact that it is a set of political institutions, through the functioning of which some social groups get the opportunity to impose their will on others and act in accordance with the so-called general (nationwide national) interests.

Central to these institutions is the state, which has the right and responsibility to speak on behalf of the people or the entire community it organizes. The state is a necessary social institution. The specificity of the state is that it claims a monopoly of legitimate political violence within its jurisdiction. Moreover, the essential definition of the state, according to Weber, is that it is the only authority that has the right to use violence against its citizens and within its territory.

List of used sources and literature

1.The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 10.02.2014) // Rossiyskaya Gazeta, No. 7, 21.01.2009

2.Theory of State and Law / Ed. M.N. Marchenko. M., 2006.

5.Theory of State and Law / Ed. M.M. Rassolova, V.O. Luchina. M., 2010.

6.Avakyan S.A. Constitutional Law of Russia: Workshop. - M .: Gorodets, 2011 .-- 18 p.

7. Baglai M.V. Constitutional law of the Russian Federation: Textbook. - M .: Norma, 2010 .-- 56 p.

8. Ivanov A.G. Organizational and legal problems of the relationship between the state authorities of the constituent entities of the Russian Federation and local governments // Bulletin of the Peoples' Friendship University of Russia. Series: Sociology. - 2012. - No. 2. - S. 105-113.

9.Karpov A.V. Constitutional Law of Russia: Textbook. - M .: Omega-L, 2010 .-- 337 p.

10. Kokotov A.N. Constitutional law of Russia: A course of lectures. - M .: Prospect, 2010 .-- 81 p.

11. Kolesnikov E.V., Komkova G.N., Kulusheva M.A. Constitutional law of the Russian Federation: Textbook. - M .: Higher education, Yurayt-Izdat, 2011 .-- 39 p.

12. Kolpakov R.V. Constitutional Law of Russia: Basic Course. - M .: Prior-ed, 2011 .-- 114 p.

13.Kolyushin E.I. Constitutional law of Russia: A course of lectures. - M .: Gorodets, 2011 .-- 118 p.

14. Malko A.V., Kolesnikov E.V., Komkova G.N., Afanasyeva O.V. Constitutional law of Russia in questions and answers. - M .: Jurist, 2011 .-- 38 p.

15. Nevinsky V.V. The constitutional principle of the separation of powers and the empowerment of the head of the supreme executive body of state power of the constituent entity of the Russian Federation // Bulletin of the Tyumen State University. - 2012. - No. 2. - P. 55 - 59.

16. Nekrasov S.I. Constitutional law of the Russian Federation: Lecture notes. - M .: Yurayt-Izdat, 2010 .-- 339 p.

17.Rezepov I.Sh. Constitutional Law of Russia: A Short Course. - M .: Okay-kniga, 2011.S. 34 - 76.

18. Chirkin V.E. Constitutional law of Russia: Textbook. - M .: Norma, 2011 .-- 32 p.

1 Theory of State and Law / Ed. B.A. Vengerova M., 2008.

2 Theory of State and Law / Ed. M.M. Rassolova, V.O. Luchina. M., 2010.

3 Theory of State and Law / Ed. A.V. Malko. M., 2007.

4 Theory of State and Law / Ed. B.A. Vengerova M., 2008.

5 Avakyan S.A. Constitutional Law of Russia: Workshop. - M .: Gorodets, 2011 .-- 18 p.

6 E.I. Kolyushin Constitutional law of Russia: A course of lectures. - M .: Gorodets, 2011 .-- 118 p.

7 Theory of State and Law / Ed. B.A. Vengerova M., 2008.

8 E.I. Kolyushin Constitutional law of Russia: A course of lectures. - M .: Gorodets, 2011 .-- 118 p.

9 A.V. Yakusheva The legal nature of interaction between the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation // Bulletin of the Samara State University. - 2012. - No. 10-3. - S. 187-192.

10 Malko A.V., Kolesnikov E.V., Komkova G.N., Afanasyeva O.V. Constitutional law of Russia in questions and answers. - M .: Jurist, 2011 .-- 38 p.

11 V.V. Nevinsky The constitutional principle of the separation of powers and the empowerment of the head of the supreme executive body of state power of the constituent entity of the Russian Federation // Bulletin of the Tyumen State University. - 2012. - No. 2. - P. 55 - 59.

12 Chirkin V.E. Constitutional law of Russia: Textbook. - M .: Norma, 2011 .-- 32 p.

13 A.V. Yakusheva The legal nature of interaction between the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation // Bulletin of the Samara State University. - 2012. - No. 10-3. - S. 187-192.

14 Theory of State and Law / Ed. A.V. Malko. M., 2007.

15 Kokotov A.N. Constitutional law of Russia: A course of lectures. - M .: Prospect, 2010 .-- 81 p.

16 A.V. Yakusheva The legal nature of interaction between the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation // Bulletin of the Samara State University. - 2012. - No. 10-3. - S. 187-192.

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The state as the focus of power is a necessary precondition for the existence of any form of political structure. The "state" refers to a centralized institution that is responsible for the integrity of the territory, controls the armed forces, is able to raise sufficient funds to maintain military and civilian officials and has, at least in the eyes of its personnel, the right to make decisions of power. In this interpretation, the state as an institution should be assessed in accordance with its real position - as a subject in the system of states and in society itself, formed under the influence of domestic economic, social and political processes and, in turn, influencing the latter.

One of the most common ideas about power is understanding it as coercion. According to M. Baytin, power, regardless of the forms of its external manifestation, in essence, is always compulsory, because, in one way or another, it is aimed at subordinating to the will of the members of a given collective, dominating or guiding in it by a single will. It would be absurd to deny that power is manifested in the process of submission, coercion of the will of any subject. At the same time, it would be wrong to reduce the essence of power relations only to violence and coercion. Unfortunately, this was characteristic of the Marxist tradition of political thought. Marx's statement - "violence is the midwife of any old society when it is pregnant with a new one" - turned into an imperative of revolutionary thinking and action. In my opinion, the following reasons do not allow reducing power relations to violence. The fact is that power is incomplete when the subject has not achieved the set goals. If the desired results are not achieved, then the colossal difficulties associated with overcoming the resistance of other people testify not to the triumph of power, but to its inferiority. In addition, it is unclear why the mobilization of people to achieve socially significant goals should be carried out only on the basis of coercion and violence. After all, there are many other ways to influence.

The foregoing allows us to accept the position of those authors who proceed from the fact that the concept of "power" means the right and the ability of some to command, dispose and control others; the ability and ability of some to exercise their will in relation to others, to exert a decisive influence on their behavior and activities, using authority, law, violence and other means.

thesis

Chapter 2. The state as the bearer of state power

The state as the focus of power is a necessary precondition for the existence of any form of political structure. The "state" refers to a centralized institution that is responsible for the integrity of the territory, controls the armed forces, is able to raise sufficient funds to maintain military and civilian officials and has, at least in the eyes of its personnel, the right to make decisions of power. In this interpretation, the state as an institution should be assessed in accordance with its real position - as a subject in the system of states and in society itself, formed under the influence of domestic economic, social and political processes and, in turn, influencing the latter.

One of the most common ideas about power is understanding it as coercion. According to M. Baytin, power, regardless of the forms of its external manifestation, in essence, is always compulsory, because, in one way or another, it is aimed at subordinating to the will of the members of a given collective, dominating or guiding in it by a single will. It would be absurd to deny that power is manifested in the process of submission, coercion of the will of any subject. At the same time, it would be wrong to reduce the essence of power relations only to violence and coercion. Unfortunately, this was characteristic of the Marxist tradition of political thought. Marx's statement - "violence is the midwife of any old society when it is pregnant with a new one" - turned into an imperative of revolutionary thinking and action. In my opinion, the following reasons do not allow reducing power relations to violence. The fact is that power is incomplete when the subject has not achieved the set goals. If the desired results are not achieved, then the colossal difficulties associated with overcoming the resistance of other people testify not to the triumph of power, but to its inferiority. In addition, it is unclear why the mobilization of people to achieve socially significant goals should be carried out only on the basis of coercion and violence. After all, there are many other ways to influence.

Analysis of the system and structure of OGV of the constituent entities of the Russian Federation, taking into account the peculiarities of the federal structure of Russia on the example of NSO

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