A special organization of political power that exercises. The state is the organization of the political power of society
Second, the state is special organization 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. Special place 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 community 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 the organization of the life of society is 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 state organization 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 social organization.
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. AT 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 common signs states that characterize 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 outside parties, 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 modernity is that they basically expressed economic interests minorities (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 on historical perspective were undertaken by thinkers of different eras and different 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 main task states also seen 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).
These include: 1) territory. The state is one territorial organization political power throughout the country. State power extends to the entire population within a certain territory, which entails the administrative-territorial division of the state. These territorial units are called differently in different countries: districts, regions, territories, districts, provinces, districts, municipalities, counties, provinces, etc. The exercise of power according to the territorial principle leads to the establishment of its spatial limits - the state border that separates one state from another; 2) population. This sign characterizes the belonging of people to a given society and state, composition, citizenship, the procedure for its acquisition and loss, etc. It is “through the population” within the framework of the state that people unite and they act as an integral organism - society; 3) public authority. The state is a special organization of political power, which has a special apparatus (mechanism) for managing society to ensure its normal functioning. The primary cell of this apparatus is the state body. Along with the apparatus of power and administration, the state has a special apparatus of coercion, consisting of the army, police, gendarmerie, intelligence, and so on. in the form of various compulsory institutions (prisons, camps, penal servitude, etc.). Through the system of its organs and institutions, the state directly manages society and protects the inviolability of its borders. 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. At various stages of social development, state bodies change structurally and solve tasks that are different in their specific content; 4) sovereignty. The state is a sovereign organization of power. State sovereignty is such a property of state power, which is expressed in the supremacy and independence of a given state in relation to any other authorities within the country, and so on. its independence in the international arena, provided that the sovereignty of other states is not violated. The independence and supremacy of state power are expressed in the following: a) universality - only decisions of state power apply to the entire population and public organizations of a given country; b) prerogative - the possibility of canceling and invalidating any illegal act of another public authority; c) the availability of special means of influence (coercion) that no other public organization has. Under certain conditions, the sovereignty of the state coincides with the sovereignty of the people. The sovereignty of the people means supremacy, its right to decide its own destiny, to form the direction of the policy of its 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 independent states. Sovereignty can be formal when it is proclaimed legally and politically, but is not actually exercised due to dependence on another state that dictates its will. Forced restriction of sovereignty takes place, for example, in relation to the defeated in the war by the victorious states, by decision of the international community (UN). Voluntary limitation of sovereignty may be allowed by the state itself by mutual agreement to achieve common goals, when united in a federation, etc.; 5) publication of legal norms. The state organizes public life on a legal basis. Without law, legislation, the state is not able to effectively manage society, ensure the unconditional implementation of its 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, unlike other norms of public life (moral norms, customs, traditions). Legal norms are provided with measures of state coercion with the help of special bodies (courts, administration, etc.); 6) mandatory fees from citizens - taxes, taxes, loans. The state establishes them for the maintenance of public authority. Compulsory fees are used by the state for the maintenance of the army, police and other enforcement agencies, the state apparatus, and so on. to others government programs(education, healthcare, culture, sports, etc.); 7) state symbols. Each state has an official name, anthem, coat of arms, flag, memorable dates, public holidays that differ from the same attributes of other states. The state establishes the rules of official behavior, forms of addressing people to each other, greetings, etc.
As a public phenomenon and governing
Subsystems of society
1. The state as a social phenomenon:
1.1. Form of government;
1.2. Form of political and administrative structure;
1.3. Political regime.
2. Mechanism of the state: concept and structure, basic principles
its organization and activities
3. Social mechanism for the implementation of public administration
4. Public functions of the state and types of state
management
State- the organization of the political power of society, covering-
covering a certain territory, acting at the same time as a means
ensuring the interests of the whole society and how special mechanism management and
coercion.
Russian Federation– democratic federal legal
a state with a republican form of government (Article 1 of the Constitution of the Russian Federation).
Federal state - a state with a federal structure,
representing an association (union) of its constituent territories
(subjects of the Federation), having the status of administrative - state-
formations.
The hallmarks of the state are:
public authority;
state sovereignty;
Citizenship;
Territory of the state;
A special apparatus of coercion (army, police, etc.);
Taxes and fees, etc.
public authority is a special mechanism for regulating society
military relations in the state, the implementation of the functions of ensuring
observance by all members of society (citizens) adopted in it
obligatory and other norms of behavior (legal, moral, etc.),
implemented by the cumulative activity of a special administrative apparatus and
coercive apparatus.
Legal system- a set of obligatory, officially
established by the state (legal) and shared by the majority
population of other norms (rules) of behavior (moral norms, religious
norms, customs, etc.), as well as ensuring their implementation
state institutions (courts).
state sovereignty- the independence of the authority of this
state from any other authority.
State territory- the space inhabited by the citizens of the state, the territory to which its jurisdiction extends. The territory usually has a special division called administrative-territorial. This is done to streamline (convenience) government.
Citizenship- a stable legal relationship of persons residing in the territory of the state with this state, expressed in the presence of their mutual rights, duties and responsibilities.
Taxes and fees- the material basis for the functioning of any state and its bodies (state apparatus) - cash collected from individuals and legal entities to ensure the activities of public authorities, social support the poor, etc.
At the same time, it is necessary to clearly understand relationship between society and the state.
A society is a stable association of people who live in the same territory, have a common language, culture and a similar way of life.
Society is:
A large body of people (usually constituting the population
state)
people living in the same area for a long time;
- people who have common history;
People united by a large number of different connections
(economic, related, cultural, etc.).
Society preceded the emergence of the state and often persists after the collapse of the state (for example: "post-Soviet society" after the collapse of the USSR).
The state is the organization of the political power of society.
Wherein:
The state is separated from society;
institutionalized;
Relies on law and coercive force;
Extends its power to the whole society;
Acts as a mechanism for reconciling various interests in
society, the carriers of which are various social
In this way, state- the most complex socio-political system, essential elements(components) of which are: the people, the territory, the system of law, the system of power and administration.
Summarizing the essential features of the state, one can define the state as a way and form of organization of society, a mechanism for the relationship and interaction of people living in a single territory, united by the institution of citizenship, a system of state power and law.
The state is a form, the content of which is the people.
At the same time, the form of the state is not an abstract concept, not a political scheme, indifferent to the life of the people.
State is the way of life and living organization people, a way of organizing and exercising state power.
The form of the state is characterized by three important features:
1. Form of government;
2. Form of political and administrative structure;
3. Political regime.
Form of government- this is the organization of the highest bodies of the state, the order of formation and relationships, the degree of participation of citizens in their formation.
Forms of government of modern states:
Monarchy;
Republic.
Their fundamental difference lies in the ways in which institutions of supreme power are formed.
Monarchy- power is hereditary, sole and perpetual (for life).
Monarchies are ¼ of the states of the Earth, which indicates the preservation of the monarchical consciousness, respect for traditions.
Saudi Arabia is an absolute monarchy;
Great Britain is a constitutional monarchy.
Republic(from lat. Respublika - a public matter) - there is a form of government in which all the highest bodies of state power are either directly elected by the people, or formed by national representative institutions (parliament).
The characteristic features of the republican form of government include:
1) wide participation of the population in the formation of state power, holding elections;
2) the participation of citizens in the management of state affairs, the holding of referendums - nationwide polls that reveal the opinion of the people by voting when discussing especially important issues of public and public life;
3) separation of powers, the mandatory presence of a parliament with legislative, representative and control functions;
4) election of higher officials for a certain period, the exercise of power by them on behalf (under the guarantee, mandate) of the people;
5) the existence of a constitution and laws that establish the foundations (principles) of the state and social structure, mutual rights and obligations of authorities and citizens.
Modern state science distinguishes the following types of republican form of government:
Parliamentary;
Presidential;
Mixed parliamentary-presidential.
(Germany, Austria - a parliamentary republic;
Italy is a parliamentary republic;
USA is a presidential republic;
France is a presidential republic.)
Executive (administrative) power- this is the apparatus of state administration, the institutions of executive power in their totality at all hierarchical levels of government, the competence of state bodies and civil servants, their practical activities.
executive power concentrates the actual power of the country.
She is characterized by:
1) carries out all organizational daily work on the management of various processes of the life of society, the establishment and maintenance of order;
2) has a universal character in time and space, i.e. carried out continuously and wherever human teams function;
3) has a substantive character: it relies on specific territories, contingents of people, information, financial and other resources, uses tools for promotions, awards, distribution of material and spiritual benefits, etc.;
4) uses not only organizational-legal, administrative-political methods of influence, but also has the right to legitimate coercion.
At the same time, the activities of the executive branch must be carried out in accordance with the powers vested in the relevant bodies in accordance with the established procedure.
executive power, due to its huge impact on the life of society, has the status of a by-law, i.e. acts on the basis and within the framework of the laws adopted by the representative government.
In this way, The executive power acts as a secondary power, which is manifested in the following:
*) The government in its composition (cabinet of ministers, council of ministers or another name for the governing body of executive power), the structure and powers of executive bodies are determined either by the head of state - the president, the monarch, or parliament, or with their joint participation.
*) The government periodically reports and bears political responsibility either to the head of state or to parliament, or "double responsibility" and can be dismissed by the relevant institution.
From these positions, each of the three types of republican form of government can be considered.
I. Parliamentary republic provides for the priority role of the parliament in constitutional and legal terms:
*) Parliament forms the government and can withdraw it at any time by a vote of no confidence.
The confidence of the parliament is a prerequisite for the functioning of the government. The political responsibility of the government is only to the Parliament.
*) The head of government is appointed by the parliament (as a rule, this is the leader of the party that won the parliamentary elections and became the ruling party).
*) The government is formed on the basis of agreements between parliamentary political factions, and as a result, it is controlled not only and not so much by parliament as by political parties.
If influential political parties a little, then the executive power acquires a high degree stability and ability to make managerial decisions.
A multi-party system can contribute to destabilization, frequent changes in government, and ministerial leapfrog.
There is a dualism of executive power: along with the government, the post of prime minister retains the post of head of state - president or monarch.
*) The president in a parliamentary republic is a “weak” president, i.e. elected by parliament, not popularly.
It can be recognized that he assimilates the functions of a monarch: he reigns, but does not rule.
*) Parliament is the only body directly legitimized by the people.
*) In order to prevent an overconcentration of the power of parliament, the constitution provides for a mechanism for restraining and controlling it by the head of state (president or monarch), his right to dissolve parliament (or one of its chambers) in order to hold new elections.
In developed countries - 13 parliamentary republics, mainly in Western Europe and in the territories of the former British Empire - Austria, Germany, Italy, etc.
Interaction in the system of public authority in a parliamentary republic has the form:
II. Presidential republic has the following features:
The president is “strong”, elected by the people and can be appealed to in case of a conflict with the parliament.
*) The President is both head of state and head of government. Consequently, there is no dualism of executive power.
*) The President needs the consent of Parliament to form a government.
However, in choosing his “team”, he is free and independent of the political support of the parliament, and is not guided by the principle of party affiliation in the selection of ministers.
*) Parliament cannot remove the government with a vote of no confidence.
*) In order to prevent an overconcentration of power in the president, the constitution provides for a mechanism of checks and balances on his power: the president does not have the right to dissolve the parliament, and the parliament can initiate the impeachment of the president.
The presidential republic arose in the United States on the basis of the experience of British parliamentarism and was legally enshrined in the Constitution of 1787.
Political scientists count about 70 presidential states.
This form of government became widespread in Latin America(Brazil, Mexico, Uruguay, etc.).
Interaction in the system of public authority in the presidential republic is characterized as follows:
President
|
Sh. mixed form presidential and parliamentary modes of government provides for a weakening of the position of the executive power of the government and balancing the powers of the president and parliament.
It is used both in countries with stable democracy (France) and in republics creating a new statehood and seeking to take into account the shortcomings and adapt the advantages of either form of government.
A mixed form of government is characterized by the following distinctive features:
*) The President and Parliament are equally legitimized by the people.
*) Both institutions are involved in both the formation and removal of the government.
The government thus bears a "double" responsibility.
*) Parliament can express no confidence in the government (its head, who continues to perform duties until the decision of the president).
*) Obviously great importance political background for government stability.
A multi-party system, disagreements between factions in parliament make the work of the government difficult and force it to turn to the president for support.
*) A mechanism is provided for mutual checks and control of the highest institutions of state power: the president has the right to veto laws adopted by the representative chamber and the right to dissolve the chambers, and the parliament can initiate and remove the president from office in cases provided for by the constitution.
Interaction in the system of public authority in a republic with a mixed form of government is characterized as follows:
Researchers count at least 20 states with a mixed form of government in Eastern Europe and the former USSR.
The choice of this or that form of government is carried out by the people by adopting a constitution or approving its fundamental principles at constitutional referendums or constituent (constitutional) assemblies, congresses.
At the same time, cultural, legal, political traditions, specific historical conditions, and often purely subjective factors have a decisive influence on the decision of the people.
1.2. The form of the political and administrative structure of the state.
The political-administrative (political-territorial) structure of the state characterizes the way the political and territorial organization of the state, the system of relationships between people living in the center and different regions, and the distribution of power on the territory of the state between central and local government bodies.
The need for a political and territorial structure of the state is due to the fact that the state unites social communities that are heterogeneous in ethical, religious, linguistic, cultural relations, as a result of which there is a need to ensure the interaction of these communities and the integrity of the state.
In addition, the administration of a large state with a large territory and a large population from one center is extremely difficult, if not impossible.
There are three main forms of territorial organization:
unitary state;
Federation;
Confederation.
Each of these forms has its own principles of organization of the territory and the relationship between the center and places (regions).
1. The principle of unitarism(from lat.unitas - unity) means that the state does not include other state entities on the rights of its subjects.
unitary state- unified, it can be divided only into administrative-territorial parts that do not have sovereignty (the right to have their own political power and pursue an independent policy).
There are state bodies and officials subordinate to the central authorities at the local level.
Most modern states are unitary– France, Italy, Spain, Norway, Denmark, etc.
At the same time, there is a tendency that the use of the principle of federalism will continue to expand in the state-territorial structure of the countries of the world.
2. The principle of federalism(from lat. Foederatio - federation, association, union: fr. Federalisme) - this is a system of basic features and principles certain form state structure, a set of structures, norms and methods of public administration that establish the interaction between the center and the regions, ensuring the rational and efficient functioning of the federal state in the interests of both the federation as a whole and its subjects.
The essence of federalism is to ensure such a combination of various groups that would allow the implementation of common goals and at the same time preserve the independence of the parts.
The essential features of federalism are:
State character united in single state territorial units - subjects of the federation;
Constitutional delineation of competencies between them and the center;
The inadmissibility of changing borders without their consent.
The main principles of federalism are:
1) the voluntariness of the unification of states and similar formations into a single state;
2) adoption of the federal constitution and the constitutions of the subjects of the federation;
3) single-order (symmetrical) constitutional status of the subjects of the federation and their equality;
4) constitutional and legal delimitations of the sovereignty of the federation and the sovereignty of its subjects;
5) common territory and citizenship;
6) a unified monetary and customs system, the federal army and other state institutions that ensure its safe existence and functioning.
federal state, federation- one of the main forms of organization of the state, the complex structure of which consists of several states or state-like entities (states, provinces, lands, subjects) that have constitutionally enshrined political independence outside the limits and powers of the common state as a whole.
Federation features:
one). The territory of the federation consists of the territories of the subjects of the federation (states, republics, lands, etc.) and in political and administrative terms do not represent a single whole.
At the same time, there is a single system of borders and its protection.
2). The subjects of the federation do not have sovereignty in full, do not have the right to unilateral withdrawal from the federation (secession);
3). Along with the system of federal government bodies, the subjects of the federation have their own system of legislative, executive and judicial authorities.
However, in relation to the federal system, they are subsystems, the limits of their jurisdiction are determined by the federal constitution and constitutional laws.
four). Along with the federal constitution and legislation, the subjects of the federation develop their own constitution (charter), a system of laws, observing priority, compliance with the federal constitution and the system of law.
5). There is no unified state budget in the federation, but there is a federal budget and budgets of the subjects of the federation.
6). Citizenship in a federation is usually dual: each citizen is considered a citizen of the federation and a citizen of the corresponding subject of the federation.
Legislatively regulated, guaranteed equality of all citizens on the territory of the federation.
7). The federal parliament is usually bicameral.
The upper chamber consists of representatives of the subjects of the federation, the lower chamber is a body of popular representation and is elected by the people.
The essentially unified essence of federalism in various conditions of place and time naturally receives diverse forms of its manifestation.
At the same time, any separate federation combines:
a). common (universal) for all federations, expressing the essence of federalism;
b). inherent only to this group of federations, reflecting the originality of the form of manifestation of the single essence of federalism in its given variety - classical, dualistic, monarchical, republican, cooperative (with an emphasis on cooperation of efforts and integration in the conduct of national affairs as the meaning of federation), etc.
The concept of "federation model" expresses precisely the group features of this type of federation within its single essence.
in). single, individually-specific, peculiar only to this particular federation.
Theoretical basis federalism is the concept of the sovereignty of the people, expressed in state sovereignty.
Sovereignty(German Souveranitat, French Souverainete - supreme power, supreme rights) - political and legal justification and determination of the priority affiliation of a particular subject (monarch, people, state and its constituent parts), independence and independence in solving their internal affairs and in external relations.
Since the advent of the federal form of government, discussions about sovereignty have been conducted on the issue of its belonging to the federation and its subjects.
The concept of the indivisibility of state sovereignty as a qualitative category that expresses the status of the federation as a whole, its multinational people, seems to be argued.
In the theory of sovereignty stands out general system interacting principles (regardless of the subject of sovereignty), reflecting in a concentrated manner its most significant features:
Inalienability;
unlimited;
the rule of power;
Indivisibility;
Non-absolute power;
Legal equality in fact in many cases of unequal social subjects;
priority of popular sovereignty.
At the present stage of development of the international community, interstate and interethnic relations the issue of sovereignty is becoming more and more urgent.
In modern world out of more than 180 state formations, the vast majority of which are multinational, the federal form is enshrined in the constitutions of 25 states covering 50% of the planet's territory and in which 1/3 of the population lives.
The dynamics of globalization of problems and integration taking place in the world various areas the life of peoples determines the development of confederal political and legal forms in the organization of the management of world processes.
III. The principle of confederalism unites independent states to solve common actual problems(military, energy, financial, etc.).
Confederation, strictly speaking, cannot be called a form of government. This is a temporary interstate union formed on the basis of an international treaty, whose members fully retain their state sovereignty.
The main features of the confederation:
1) absence unified theory;
2) unlimited right to withdraw from the union;
3) the central government depends on independent governments
states, since it is maintained at their expense;
4) financial resources for common purposes, a single policy is formed-
Xia from the contributions of the members of the union;
5) the armed forces of the confederation are under the general command
6) general agreed international politics does not exclude self-
standing position of the members of the confederation in specific matters;
7) legally all members are equal, but in reality a priority role
in a confederation, a state with a higher military-economic
mic potential.
Confederations are usually short-lived– they either disintegrate or transform into a federation.
Switzerland, for example, is officially called the Swiss Confederation, although it has actually become a federation.
However, the principle of confederation can become a stimulating factor in modern integration processes (in the development of the European Union, CIS countries, etc.).
1.3. Political regime.
The political regime (from lat. Regimen - management) is a form of state implementation that determines the balance of the division of power, politics, public service, the real participation of each of the subjects of this process of relations as an independent prerogative and as a dependence on other subjects;
This characteristic of the ways, methods, means of exercising state power, its real distribution and interaction with the population, various institutions civil society.
This is the political climate in the country, an indicator of how a citizen lives in his state.
There are three types of political regimes:
Totalitarian.
Main criterion such a division is the presence in the country of choice (way of life, occupation, power, choice of property, educational institution, medical institution, etc.) and pluralism (plurality): political - multi-party system, the presence of opposition; economic - the existence of various forms of ownership, competition; ideological - the existence of various ideologies, worldviews, religions, etc.).
1). The democratic regime is manifested in the following features:
a) recognition and guarantee at the constitutional and legislative
level of equality of citizens (regardless of national, social
nogo, religious signs (;
b) a wide range constitutional rights and personal freedoms;
c) real participation of the population in the organization of state power;
d) recognition and guarantee at the constitutional and legislative
level of equality of all types of property, religious denominations,
political ideologies and programs.
a) limiting political pluralism. State power is concentrated
sharpened by the political and administrative elite, does not control
by the people; political opposition (parties, movements) exists, but in
conditions of pressure and prohibitions;
b) public administration strictly centralized, bureaucratic,
occurs with the predominant use of administrative
methods of influence, mechanism feedback in the system of power
society” is blocked, the population is not involved in managing the affairs
states;
c) there is ideological control and pressure from the authorities and management
funds mass media(media), other institutions of political
political system and civil society;
d) constitutional and legislative norms approve the economic
pluralism, development of various forms of entrepreneurship and
news; however, the principle of equal rights and opportunities is not guaranteed in the
3.Totalitarian regime reproduces political, ideological and economic monopoly.
Its main features:
a) government power is concentrated in a small group of people and
power structures. Elections and other institutions of democracy, if any,
they act, then formally, as a decorative decoration of the government;
b) state administration is super-centralized, public debts
news are not engaged in competitive selection, but in the appointment from above, the people
suspended from participation in management;
c) complete nationalization of society - etatism;
d) total ideological control; dominates, as a rule, one official
social ideology, one ruling party, one religion;
e) terror is allowed against its own population, a regime of fear and suppression.
There are several types of totalitarianism: fascism,
socialism of the "cult of personality" period, etc.
Life is richer than any scheme, and there are many varieties of modes; to characterize them, such options are used in the names as:
Military bureaucratic;
Dictatorship (dictatorship - a regime based on violence);
Despotic (the regime of unlimited dictatorship of one person, the absence of legal and moral principles in relations between power and society; the extreme form of despotism is tyranny).
It should be noted that the political regime is not directly dependent on the forms of government and the state-territorial structure.
A monarchy, for example, does not oppose itself to a democratic regime, but a republic (of the Soviets, for example) allows a totalitarian regime.
The political regime depends primarily on the actual functioning of power structures and officials, the degree of publicity and openness in their work, the procedure for selecting ruling groups, the actual political role of various social groups, the state of law, the characteristics of political and legal culture, and traditions.
Main features states are: the presence of a certain territory, sovereignty, a broad social base, a monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbols.
The state performs internal functions, among which are economic, stabilization, coordination, social, etc. There are external functions, the most important of which are the provision of defense and the establishment of international cooperation.
According to the form of government, states are divided into monarchies (constitutional and absolute) and republics (parliamentary, presidential and mixed). Depending on the form of government, unitary states, federations and confederations are distinguished.
State
The concept and features 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.
In historical terms, the state can be defined as a social organization that has ultimate power over all people living within the boundaries of a certain territory, and has as its main goal the solution of common problems and ensuring the common good while maintaining, above all, order.
Structurally, the state appears as an extensive network of institutions and organizations that embody the three branches of power: legislative, executive and judicial.
State power is sovereign, that is, supreme, in relation to all organizations and persons within the country, as well as independent, independent in relation to other states. The state is 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 state is a universal organization, distinguished by a number of attributes and features that have no analogues.
State signs
Coercion - state coercion is primary and priority in relation to the right to coerce other entities within the given state and is carried out by specialized bodies in situations determined by law.
Sovereignty - the state has the highest and unlimited power in relation to all persons and organizations operating within historically established borders.
Universality - the state acts on behalf of the whole society and extends its power to the entire territory.
The signs of the state are the territorial organization of the population, state sovereignty, tax collection, lawmaking. The state subjugates the entire population living in a certain territory, regardless of the administrative-territorial division.
State Attributes
Territory - is defined by the boundaries separating the spheres of sovereignty of individual states.
Population - subjects of the state, which extends its power and under the protection of which they are.
Apparatus - a system of organs and the presence of a special "class of officials" through which the state functions and develops. The issuance of laws and regulations binding on the entire population of a given state is carried out by the state legislature.
The concept of the state
The state arises at a certain stage in the development of society as a political organization, as an institution of power and management of society. There are two main concepts of the emergence of the state. In accordance with the first concept, the state arises in the course of the natural development of society and the conclusion of an agreement between citizens and rulers (T. Hobbes, J. Locke). The second concept goes back to the ideas of Plato. She rejects the first and insists that the state arises as a result of the conquest (conquest) by a relatively small group of militant and organized people (tribe, race) of a significantly larger, but less organized population (D. Hume, F. Nietzsche). Obviously, in the history of mankind, both the first and the second ways of the emergence of the state took place.
As already mentioned, in the beginning the state was the only political organization in society. In the future, in the course of the development of the political system of society, other political organizations(parties, movements, blocs, etc.).
The term "state" is usually used in a broad and narrow sense.
In a broad sense, the state is identified with society, with a particular country. For example, we say: "UN member states", "NATO member states", "State of India". In the above examples, the state refers to entire countries together with their peoples living in a certain territory. This idea of the state dominated in antiquity and the Middle Ages.
In a narrow sense, the state is understood as one of the institutions of the political system, which has supreme power in society. Such an understanding of the role and place of the state is substantiated during the formation of civil society institutions (XVIII - XIX centuries), when the political system and social structure of society become more complex, it becomes necessary to separate state institutions and institutions from society and other non-state institutions of the political system.
The state is the main socio-political institution of society, the core of the political system. Possessing sovereign power in society, it controls the life of people, regulates relations between various social strata and classes, and is responsible for the stability of society and the security of its citizens.
The state has a complex organizational structure, which includes the following elements: legislative institutions, executive and administrative bodies, the judiciary, public order and state security bodies, the armed forces, etc. All this allows the state to perform not only the functions of managing society, but also the functions of coercion (institutionalized violence) in in relation to both individual citizens and large social communities (classes, estates, nations). Yes, in the years Soviet power in the USSR, many classes and estates were actually destroyed (bourgeoisie, merchants, prosperous peasantry, etc.), and entire peoples (Chechens, Ingush, Crimean Tatars, Germans, etc.) were subjected to political repression.
State signs
main subject political activity recognized by the state. From a functional point of view, the state is the leading political institution that manages society and ensures order and stability in it. From an organizational point of view, the state is an organization of political power that enters into relations with other subjects of political activity (for example, citizens). In this understanding, the state is seen as a set of political institutions (courts, social security system, army, bureaucracy, local authorities, etc.) responsible for organizing social life and financed by society.
The features that distinguish the state from other subjects of political activity are as follows:
The presence of a certain territory - the jurisdiction of the state (the right to administer a court and decide legal issues) is determined by its territorial boundaries. Within these boundaries, the power of the state extends to all members of society (both those who have the citizenship of the country and those who do not);
Sovereignty - the state is completely independent in internal affairs and administered foreign policy;
The variety of resources used - the state accumulates the main power resources (economic, social, spiritual, etc.) to exercise its powers;
The desire to represent the interests of the whole society - the state acts on behalf of the whole society, and not individuals or social groups;
Monopoly on legitimate violence - the state has the right to use force to enforce laws and punish their violators;
The right to collect taxes - the state establishes and collects various taxes and fees from the population, which are directed to finance state bodies and solve various management tasks;
The public nature of power - the state ensures the protection of public interests, not private ones. When implementing public policy usually there is no personal relationship between the authorities and citizens;
The presence of symbols - the state has its own signs of statehood - a flag, emblem, anthem, special symbols and attributes of power (for example, a crown, scepter and orb in some monarchies), etc.
In a number of contexts, the concept of "state" is perceived as close in meaning to the concepts of "country", "society", "government", but this is not so.
Country - the concept is primarily cultural and geographical. This term is usually used when talking about area, climate, natural areas, population, nationalities, religions, etc. The state is a political concept and denotes the political organization of that other country - the form of its government and structure, political regime, etc.
Society is a broader concept than the state. For example, a society can be above the state (society as all of humanity) or pre-state (such are the tribe and the primitive family). At the present stage, the concepts of society and the state also do not coincide: public authority (say, a layer of professional managers) is relatively independent and isolated from the rest of society.
The government is only a part of the state, its highest administrative and executive body, an instrument for exercising political power. The state is a stable institution, while governments come and go.
General signs of the state
Despite all the variety of types and forms of state formations that arose earlier and currently exist, one can single out common features that are more or less characteristic of any state. In our opinion, these features were most fully and reasonably presented by V. P. Pugachev.
These signs include the following:
public authority, separated from society and not coinciding with social organization; the presence of a special layer of people who carry out political administration society;
a certain territory (political space), delineated by the boundaries, to which the laws and powers of the state apply;
sovereignty - supreme power over all citizens living in a certain territory, their institutions and organizations;
monopoly on the legal use of force. Only the state has "legitimate" grounds for restricting the rights and freedoms of citizens and even depriving them of their lives. For these purposes, it has special power structures: the army, police, courts, prisons, etc. P.;
the right to levy taxes and fees from the population, which are necessary for the maintenance of state bodies and the material support of state policy: defense, economic, social, etc.;
compulsory membership in the state. A person receives citizenship from the moment of birth. Unlike membership in a party or other organizations, citizenship is a necessary attribute of any person;
a claim to represent the whole of society as a whole and to protect common interests and goals. In reality, no state or other organization is able to fully reflect the interests of all social groups, classes and individual citizens of society.
All functions of the state can be divided into two main types: internal and external.
While doing internal functions the activity of the state is aimed at managing society, at coordinating the interests of various social strata and classes, at maintaining its power. Carrying out external functions, the state acts as a subject international relations, representing a specific people, territory, and sovereign power.
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 big role in the unification of individual clans and tribes into single peoples, in primitive society, each clan worshiped its pagan gods, 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. State, as opposed to social organization 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), which also have a significant impact on the picture of public life. In this regard, it is important to identify the most characteristics states 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 natural condition 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 are the properties of state power, which is expressed in the supremacy and independent state in relation to other authorities within the country, as well as in the spheres of interstate relations, with strict observance of the universally recognized norms of international law.
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