The state is a special organization of political public power, which has a special apparatus or mechanism for managing society. Rule of Law A state is an organization of political power that governs society.

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THE STATE AS A SPECIAL POLITICAL ORGANIZATION

state political coercion social

The concept of the state, its features and functions

The state can be defined as the all-encompassing political organization of the ruling class, which serves as the main instrument for ensuring its interests.

The formed definition of the state refers to the state in the proper sense of the word. These are primarily the slaveholding and feudal state.

Revealing the content of the concept of the state, we first of all bring it under such an ordinary concept as a political organization. Thus, we transfer the features inherent in the general concept to the defined concept of "state". Therefore, they do not need to be listed. It remains only to indicate the main features of the state as a special political reality. These will be: 1) the all-embracing nature of the state; 2) the existence of the state as a political organization of the ruling class; 3) his official role.

The state, being the main political institution, is called upon to manage society, protect the economic and social structures, maintain public order and the functioning of all social institutions.

The state is a product of the internal evolution of society, which objectively needs organizational formalization. In different eras, in different conditions, the state acts as an organization for managing society, as a mechanism for ruling. The state does not have an eternal nature, it did not exist in primitive society, but appeared only at the final stage of its development due to various reasons, primarily related to the new organizational and labor standards of human existence.

The state, its mechanism (the system of state bodies) does not remain unchanged, frozen.

The state changes along with society as a political form of its organization. We can talk about the peculiarities of the state mechanism of a slave-owning, feudal, bourgeois society, etc. This is one approach to the classification of states, there are others. For example, one can single out authoritarian, totalitarian, and democratic states.

Consequently, the state can be defined as a special organization of the political power of society, which has a special coercive apparatus that expresses the will and interests of the ruling class, another social group or the whole people.

If we talk about the democratic type of state, then its formation and development in European countries dates back to the end of the 18th-19th centuries. The construction of the quality of a democratic state has also begun today in Russia. The development of Russia as a legal democratic state assumes that:

1) the bearer of sovereignty and the only source of state power of the Russian Federation is its multinational people;

2) democracy (democracy) is carried out on the basis of political and ideological diversity, multi-party system;

3) the state, its bodies, institutions and officials serve the whole society, and not any part of it, are responsible to the person and citizen;

4) a person, his rights and freedoms - the highest value;

5) the system of state power is based on the principle of separation of legislative, executive and judicial powers, as well as the delimitation of the subjects of jurisdiction and powers (competencies) between the Russian Federation, its constituent republics, territories, regions, autonomous districts and local self-government bodies;

6) the rule of law or connection with the law based on the will of society.

The concept of "the state in general" fixes the general features inherent in any state, regardless of its nature.

We can talk about the features that distinguish the state from the primitive organization of society, and we can talk about the features due to which it differs from any social organization, association, movement.

The state differs from the social organization of primitive society in the following features.

First, it has political power, that is, organized concentrated coercion of one part of society by another.

Secondly, it is characterized by the distribution of the population by administrative-territorial units.

Territorial division of the population characteristic of the state:

a) fixes the rupture of blood ties of the former clan, the rupture caused by the mobility and changeability of the place of residence of the population, and the ties with the developed exchange of goods, the change of employment and the alienation of landed property;

b) makes generally accepted the organization of people only at the place of residence, regardless of their ancestral ties;

c) turns all people, regardless of their position, into subjects of the state;

d) clearly defines the external borders of the state, as well as its internal administrative-territorial structure.

Thirdly, the state establishes taxes, thanks to which its apparatus is supported.

The state differs from other public organizations, associations and movements in the following main features.

First, the state covers the entire population living within its territory. Public organizations, associations and movements cover only a certain part of society.

Secondly, the state is distinguished by the presence of a special category of persons - officials, a special apparatus endowed with power.

Thirdly, the state acts as the official representative of the whole society, is its concentrated expression and embodiment.

Fourth, the state differs from other organizations in the presence of sovereignty.

State sovereignty should be understood as the autonomy and independence of state power in solving the tasks facing it.

These features of the state have received universal recognition in the legal literature. They are essential.

And in order to unmistakably establish a social attribute, one must be guided by the position according to which there is an inalienable two-way relationship between a phenomenon and its main attribute, namely: the absence of the indicated attribute inevitably entails the absence of the phenomenon, of which it is an attribute. In turn, without a phenomenon, such a sign cannot exist.

Intermediate conclusion - the essential features of the state are:

1. The presence of public authority, which, embodied in state bodies, acts as state power. It is carried out by a special layer of people who perform the functions of control and coercion. This special layer of people constitutes the apparatus of the state, which is endowed with state powers, that is, the ability to issue binding acts, to resort, if necessary, to state influence in order to subordinate people's behavior to the will that found expression in the decisions adopted by state bodies.

2. Territorial organization of the population. State power is exercised within a certain territory and extends to all people living there. In primitive society, the subordination of people to power was due to their belonging to the genus, that is, blood-kinship. The sign of the state is characterized by the extension of its power to all people located on the territory of this state.

3. State sovereignty, that is, the independence of state power from a new other power within the country and outside. State sovereignty, which gives the state the right to independently and freely decide its own affairs, distinguishes the state, along with its other features, from other organizations of society (for example, political parties), territorial entities.

4. The activities of all state bodies are based on the rule of law. The state is the only organization that carries out lawmaking, that is, it creates laws and other legal acts that are binding on the entire population.

5. The existence of a system of forced taxes and other obligatory payments.

The social purpose of the state, the nature and content of its activities are reflected in the functions of the state, which are associated with the main directions of its activities.

The classification of functions is based on the spheres of activity of the state, that is, those areas of social relations that it influences. Depending on this, the functions of the state can be divided into internal and external.

1. Internal functions are the main activities of the state within a given country, characterizing the internal policy of the state. These include protective and regulatory.

The implementation of protective functions involves the activities of the state to ensure and protect all social relations fixed and regulated by law. For these purposes, the state takes care of:

a) on upholding the rights and freedoms of citizens, on the observance of law and order;

b) on ensuring civil harmony in society;

c) on equal protection of all forms of ownership;

d) on environmental protection, etc.

In accordance with the Constitution of the Russian Federation, the recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state. Rights and freedoms are recognized as inalienable, belonging to a person from birth. The state guarantees everyone judicial protection of their rights and freedoms. The rights of victims of crimes and abuses of power are protected by law. Everyone has the right to compensation for harm caused by illegal actions (or inaction) of public authorities or their officials.

In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.

Regulatory functions characterize the role of the state in organizing social production, developing the country's economy, and creating the necessary conditions for the formation of personality. For these purposes, the state regulates the economic environment of life in the interests of man and society, taking care of the material well-being and spiritual development of people. Regulatory functions include economic, social functions, the function of taxation and collection of taxes, and others.

The economic function of the state is reduced to:

a) development of economic policy;

b) management of state enterprises and organizations;

c) establishing the legal foundations of the market and pricing policy.

The Russian Federation guarantees the unity of the economic space, free movement of goods, services and financial resources, encouragement of competition, freedom of economic activity (Article 8 of the Constitution of the Russian Federation).

The implementation of the social function of the state involves the creation of conditions that ensure a decent life and free development of a person. In accordance with the Constitution of the Russian Federation, labor and health of people are protected in the Russian Federation, state support for the family, motherhood, fatherhood and childhood, disabled and elderly citizens is established, a system of social services is developed, state pensions and benefits are established (Article 7).

Taxation and collection of taxes is the most important function of the state. This is due to the fact that the state budget consists of various taxes, fees, duties and other obligatory payments. In 1992, the Law on the Fundamentals of the Tax System in the Russian Federation was adopted, which regulates the rights, duties and responsibilities of taxpayers and tax authorities. The Russian Federation has created and operates a tax service, the tax police of the Russian Federation. In accordance with Art. 57 of the Constitution of the Russian Federation, everyone is obliged to pay legally established taxes and fees.

2. External functions are manifested in the foreign policy activities of the state, its relations with other countries. External functions include: mutually beneficial international cooperation, ensuring the defense of the state from outside attacks, and others. International cooperation is carried out in two directions:

a) foreign policy activities;

b) foreign economic activity and cooperation in the humanitarian sphere, nature conservation, etc.

The foreign policy activity of the Russian Federation is based on the principles of recognition and respect for the state sovereignty and sovereign equality of all countries, equality and non-interference in their internal affairs, respect for the territorial integrity and inviolability of existing borders, renunciation of the use of force and the threat of force, economic and any other methods of pressure, respect human rights and freedoms, including the rights of national minorities, conscientious fulfillment of obligations and other generally recognized principles and norms of international law. The Russian Federation is a member of the UN, a permanent member of the UN Security Council. It interacts with many other international organizations.

The defense function of the Russian Federation is based on the principle of maintaining a sufficient level of the country's defense capability that meets the requirements of Russia's national security, ensuring the integrity and inviolability of its territory. In 1992, the Law of the Russian Federation on Defense was adopted, which defines the principles underlying the organization of the country's defense, and in 1993, the Decree of the President of the Russian Federation on the main provisions of the military doctrine of the Russian Federation was issued.

External and internal functions of the state are closely interconnected and interdependent.

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The state is a political structure, the central institution of power, the classification of its functions. Characteristics of theories of the origin of the state. Mechanisms, forms and methods of exercising state power. The concept and principles of the rule of law.

Political public power is the defining feature of the state. The term "power" means the ability to influence in the right direction, to subordinate one's will, to impose it on those under one's control. Such relations are established between the population and a special layer of people who govern it - they are otherwise called officials, bureaucrats, managers, political elite, and so on. The power of the political elite has an institutionalized character, that is, it is exercised through bodies and institutions united in a single hierarchical system. The apparatus or mechanism of the state is the material expression of state power. The most important state bodies include legislative, executive, judicial bodies, but a special place in the apparatus of the state has always been occupied by bodies that carry out coercive, including punitive functions - the army, police, gendarmerie, prison and correctional labor institutions. hallmark of government from other types of power (political, party, family) is its publicity or universality, universality, obligatory nature of its instructions.

The sign of publicity means, firstly, that the state is a special power that does not merge with society, but stands above it. Secondly, the state power outwardly and officially represents the whole society. Universality of state power means its ability to resolve any issues affecting common interests. The stability of state power, its ability to make decisions, to implement them, depends on its legitimacy. Legitimacy of power means, firstly, its legitimacy, that is, the establishment by means and methods that are recognized as fair, proper, lawful, moral, secondly, its support by the population and, thirdly, its international recognition.

Only the state has the right to issue legal acts binding for general implementation.

Without law, legislation, the state is not able to effectively manage society. The law allows the authorities to make their decisions binding on the population of the entire country in order to direct the behavior of the people in the right direction. Being the official representative of the whole society, the state, when necessary, demands legal norms with the help of special bodies - courts, administrations, and so on.

Only the state collects taxes and fees from the population.

Taxes are obligatory and gratuitous payments collected within a predetermined period in a certain amount. Taxes are necessary for the maintenance of government, law enforcement agencies, the army, to maintain the social sphere, to create reserves in case of emergencies and to carry out other common tasks.

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

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

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

Thirdly, the state organizes public life on a legal basis. Legal forms of organizing the life of society are inherent in the state. Without law, legislation, the state is not able to effectively manage society, ensure the unconditional implementation of decisions. Among the many political organizations, only the state, represented by its competent authorities, issues decrees that are binding on the entire population of the country. Being the official representative of the whole society, the state, if necessary, enforces the requirements of legal norms with the help of its special bodies (courts, administration, and others).

Fourthly, the state is a sovereign organization of power. In this it differs from other political formations of society.

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

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

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

in the prerogative - the possibility of canceling and recognizing as null and void any illegal manifestation of other public authorities;

in the presence of special means of influence that no other public organization has.

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

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

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

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

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

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

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

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

The peculiarity of the historical types of states that preceded modern times is that they basically expressed the economic interests of a minority (slave owners, feudal lords, capitalists).

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

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

The social purpose of the state stems from his entities. What is essence state, such is the nature of its activities, such are the goals and objectives that it sets for itself. One can talk about the social purpose of the state in general, abstracting from those historically transient tasks that it solved at one stage or another of the development of society. Attempts to determine the social purpose of the state in the historical perspective were made by thinkers of various eras and various scientific directions. So, Plato and Aristotle believed that the purpose of any state is moral affirmation. Later this view of the social purpose of the state was supported and developed by Hegel. Representatives of the contractual theory of the origin of the state saw in its existence common good(Grotius); general security(Hobbes); general freedom(Russo). Lassalle also saw the main task of the state in development and realization of human freedom

So, views on the social purpose of the state are determined by those objective conditions that are characteristic of a given level of development of society. With their change, the views on the social purpose of the state also change.

At the same time, the content of the activity of the state in certain historical periods is also significantly influenced by subjective factors. These include, first of all, the truth of a certain theory, its universality, the ability to foresee the historical perspective, possible changes in social life, its implementation in the practice of state building.

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

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

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

This is a single political organization of society that extends its power to the entire territory of the country and its population, has a special administrative apparatus for this, issues decrees binding on all and has sovereignty. The reasons that caused the establishment of the state were the decomposition of the primitive communal system, the emergence of private ownership of tools and means of production, the division of society into hostile classes - the exploiters and the exploited. The main reasons for the emergence of the state were the following:

The need to improve the management of society, associated with its complication. This complication, in turn, was associated with the development of production, the emergence of new industries, the division of labor, changes in the conditions for the distribution of the common product, an increase in the population living in a certain territory, etc.

The need to organize large-scale public works, to unite large masses of people for these purposes. This was especially evident in those regions where the basis of production was irrigated agriculture, which required the construction of canals, water lifts, maintaining them in working condition, etc.

The need to maintain order in society that ensures the functioning of social production, the social stability of society, its stability, including in relation to external influences from neighboring states or tribes. This is ensured, in particular, by the maintenance of law and order, the use of various measures, including coercive ones, to ensure that all members of society comply with the norms of emerging rights, including those that they perceive as not meeting their interests, unfair.

The necessity of waging wars, both defensive and aggressive.

Religion had a significant impact on the process of state formation. She played a big role in uniting individual clans and tribes into single peoples; in primitive society, each clan worshiped its pagan gods and had its own totem. During the period of unification of the tribes, the dynasty of new rulers also sought to establish common religious canons. The emergence of the state is characterized by the fact that a group of people is formed, engaged only in management and using this special apparatus of coercion. Lenin, defining the state, said that the state is a machine for suppressing one class by another. When such a special group of people appears, which is only busy with managing, and which needs a special apparatus for coercion, subordinating someone else's will to violence - in prisons, special detachments of people, troops, etc. - then the state appears. The state, in contrast to the social organization of the primitive communal system, was distinguished by the following features:

1. Separation of the submitted state by territorial units.

2. The establishment of a special public authority, which no longer coincides directly with the population.

3. Collection of taxes from the population and obtaining loans from it for the maintenance of the apparatus of state power.

Distracting from the meaningful analysis of the general features of the state, identified and substantiated by representatives of various scientific areas, in general, we can say that formally they do not contradict each other. Advanced social thought came to the conclusion that the state, in contrast to the state organization of power, is characterized by a single territory, the population living on it and the power that extends to the population living in this territory.

Simultaneously with the state, other, non-state political organizations (parties, unions, social movements) are being formed in society, which also have a significant impact on the picture of public life. In this regard, it is important to identify the most characteristic features of the state that distinguish it from non-state organizations of society both in the past and in the present. This allows you to limit the state from other elements of the political system of society, to typify the features of states of various historical periods, to resolve the issue of the continuity of former state institutions in modern conditions. A state in reality is a state at a certain stage of social development, different from states that are at early or late stages of development. But all states of history and modernity have common features. What are these signs?

First, the state is a single territorial organization of political power throughout the country. State power extends to the entire population within a certain territory. The territorial division of the population, in contrast to blood relations between members of society, gives rise to a new social institution - citizenship or nationality, foreigners and stateless persons. The territorial feature determines the nature of the formation and activities of the state apparatus, taking into account its spatial division. The exercise of power according to the territorial principle leads to the establishment of its spatial limits - the state border. The territorial feature is also associated with the federal structure of the state, within whose borders the population belonging to various nations and nationalities lives. The state has territorial supremacy within its borders. This means the unity and completeness of the legislative, executive and judicial powers of the state over the population. The territory is not public, but a natural condition for the existence of the state. The territory does not give rise to the state. It forms the space within which the state extends its power. That. both the population and the territory are necessary material prerequisites for the emergence and existence of the state. There is no state without territory, no state without population.

Secondly, the state is a special organization of political power, which has a special apparatus for managing society to ensure its normal functioning. The mechanism of the state is the material expression of state power. Through the system of its organs, the state manages society, consolidates and implements the regime of political power, and protects its borders. Important state bodies that were inherent in all historical types and varieties of the state include legislative, executive and judicial. Bodies exercising coercive, punitive functions were of particular importance in the mechanism of the state.

Thirdly, the state organizes public life on a legal basis. Legal forms of organizing the life of society are inherent in the state. Without law, legislation, the state is not able to lead society, to ensure the implementation of its decisions.

Fourth, the state provides a sovereign organization of power. Sovereignty states - these are the properties of state power, which is expressed in the supremacy and an independent state in relation to other authorities within the country, as well as in the spheres of interstate relations, with strict observance of generally recognized norms of international law.

The general theory of state and law is a general theoretical legal science. State and law are inextricably linked. Law is a set of rules of conduct that are beneficial to the state and approved by it through the adoption of legislation. The state cannot do without the right, which serves its state, ensures its interests. In turn, the law cannot arise apart from the state, since only state legislatures can adopt generally binding rules of conduct that require their enforcement. The state introduces enforcement measures to comply with the rule of law.

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

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

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

Taxes levied on the population and loans received from it are directed to the maintenance of the state apparatus of power. The publication of laws and regulations binding on the population of a given state is carried out by the state legislature.

The emergence of the state was preceded by a primitive communal system, in which the basis of production relations was public ownership of the means of production. The transition from the self-government of primitive society to state administration lasted for centuries. In various historical regions, the collapse of the primitive communal system and the emergence of the state took place in different ways, depending on historical conditions.

The first states were slaveholding. Together with the state, law arose as an expression of the will of the ruling class.

Several historical types of states and law are known - slaveholding, feudal, bourgeois. The state of the same type may have different forms of government, state structure, political regime.

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