Of the theory and practice, we know about the large variety of types and forms of states. But they all have similar elements. The state is allocated among other social entities by special, featuring features only by him, signs.
The state is to organize the political power of the Company, covering a certain territory, acting at the same time as a means of ensuring the interests of the whole society and a special mechanism of management and suppression.
Signs of state are:
♦ Availability public power;
♦ sovereignty;
♦ territory and administrative-territorial division;
♦ legal system;
♦ citizenship;
♦ Taxes and fees.
Public power Includes a combination of control apparatus and suppression apparatus.
Manadgement Department - legislative and executive bodies and other bodies with which management is carried out.
Suppression apparatus - Special bodies that are eligible and have strength and means for the compulsory performance of state will:
Security and police (militia);
Courts and prosecutor's office;
The system of correctional institutions (prisons, colonies, etc.).
Featurespublic power:
◊ separated from society;
◊ does not have a publicity and directly the people are not unemployed (control over power in the gloor period);
◊ Most often expresses the interests of not the whole society, but a certain part of it (class, social group, etc.), often the control apparatus itself;
◊ is carried out by a special layer of people (officials, deputies, etc.), endowed with state-powerful powers, specially prepared for which the management (suppression) is the main type of activity that do not participate directly in public production;
◊ relies on writing formalized law;
◊ reinforced by the forced power of the state.
The presence of a special coercion apparatus. Only the state has a court, prosecutor's office, internal affairs bodies, etc., and material appendages (army, prisons, etc.), which ensure the implementation of government decisions, including necessity and forced funds. To fulfill state functions, one part of the apparatus serves legislation, execution of laws and judicial protection of citizens, and the other supports the internal law and order and ensures the external security of the state.
As a form of society, the state performs simultaneously by the structure and mechanism of public self-government. Therefore, the openness of the state to society and the degree of citizen involvement in public affairs characterize the level of state development of both democratic and legal.
State sovereignty - Independence of the power of this state from any other power. State sovereignty can be internal and external.
Interior Sovereignty is the full spread of the state's jurisdiction on its entire territory and the exclusive right to take laws, independence from any other power within the country, the supremacy towards any other organizations.
Externalsovereignty is complete independence in the foreign policy of the state, i.e., independence from other states in international relations.
It is through the state that international relations are supported, and the state is perceived on the world arena as an independent and independent structure.
State sovereignty should not be confused with folk sovereignty. People's sovereignty is the initial principle of democracy, which means that the authorities belong to the people and comes from the people. The state can partially limit its sovereignty (to enter into international unions, organizations), but without sovereignty (for example, when occupying), it cannot be full.
Separation of the population in the territory
The territory of the state is the space on which his jurisdiction is distributed. The territory usually has a special division, referred to as administrative and territorial (regions, provinces, departments, etc.). This is done for the convenience of control.
Currently (in contrast to the downtime), it matters a person to a certain territory, and not to a tribe or family. In the conditions of the state, the population is divided by a sign of residence in a certain territory. This is due to both the need to challenge taxes and the best control conditions, since the decomposition of the primitive community leads to constant movements of people.
Combining all people living on one territory, the state is an expressive of common interests and the determinant of the goal of the vital activity of the entire community within the borders of the state.
Legal system - Legal "skeleton" of the state. The state, its institutions, the authorities are enshrined in the right and operate (in a civilized society), based on the right and legal means. Only the state has the right to publish mandatory regulations for universal performance: laws, decrees, decisions, etc.
Citizenship - Sustainable legal relations of persons living in the territory of the state, with this state, expressed in the presence of mutual rights, duties and responsibilities.
State - the only organization Authorities on the scale of the country. No other organization (political, public, etc.) does not cover the entire population. Each person, by virtue of his birth, establishes a certain relationship with the state, becoming his citizen or subject, and acquires, on the one hand, the obligation to obey the state-power velves, and on the other - the right to the patronage and protection of the state. The institution of citizenship in a legal sense equalizes people among themselves and makes them equal towards the state.
Taxes and fees - the material basis of the activities of the state and its bodies - cash collected from individuals and legal entities in the state to ensure the activities of public authorities, social support for the poor and others.
The essence of the state is what:
~ this is a territorial organization of people:
~ these are overcome by tribal ("blood") relationships and are replaced by public relations;
~ the structure is neutral to national, religious and social signs of people.
Test "Political Systems modern Russia»
1. What functions performs the policy subsystem
A) adaptation function
B) function of goal
C) coordination function
D) integration function
2. Possible organization of political power in the community that occupies a certain territory that has its own management system and possessing internal and external sovereignty is called
A) State
B) Country
In town
D) confession
3 .K N. the national state belongs
BUT) religious community united by the unity of creed
B) Community of people on an ethnic basis capable of serving the basis of either one of the elements of the nation
IN) Ideology and practice of coexistence of various cultural groups
D) special organization political power in the community.
4. The polytic system, which pretended after World War II and characterized by the opposition of two blocks of states - the socialist led from the USSR and the capitalist led by the United States, is called
A) North Atlantic world order
B) Warsaw world order
C) Washington world order
D) Yalta world order
5. International Institution The United Nations was created for
A) holding and control free international trade
B) solutions to world conflicts
C) carrying aggressive information policy
D) preventing the global economic crisis
6.And called the organization of countries - producers and exporters of oil, which was created in the 60sXX
A) OPEC
B) the EU
C) SEV.
D) TNK
7.Who conducted policies from the countries listed below open doors»
A) USA
B) China
C) Japan
D) Germany
8. How is the system of execution of the state functions, in which their significant part is automated and transferred to the Internet
A) email
B) Information economy
IN) Electronic government
D) I. infracted Society
9 . Privatization is called
BUT) Monetary payment for the right to use by rented property
B) The process of transferring state ownership to the private sector
IN) Income, which bring factors production
D) The process of preparing and performing a number of consecutive transactions between the creditor and its creditors and debtors.
10. Which country is listed below, is the Presidential Republic
A) France;
B) FRG;
To China;
D) Russia.
11.And the conflict was completed between the congress of people's deputies and President Boris Yeltsin, after the collapse of the USSR
A) adoption of a new constitution and elections to the Russian parliament
B) only accepting a new constitution
C) only elections to the Russian parliament
D) the introduction of the post of president
12. The Lower Chamber of the Russian Parliament, consisting of 450 deputies is
BUT) Federal Assembly
B) The State Duma
IN) Council of the Federation
D) Congress of people's deputies
29. State, the legislative proclaimer of one of the nations living in its territory is called
BUT) Mono-ethnic state
B) Polyethnic state
C) N. the National State
D) empire
1 3 . The issuer is called
BUT) Mandatory State Cash Collection, charged by customs authorities when exporting goods outside the state
B) the type of political and economic activity, the main area of \u200b\u200bwhich is the establishment of regulations and financial legal regulation in the field of economic operations
IN) entityissuing share securities
D) Focused on restriction or minimizing risk, risk financing method, consisting in risk transfer.
14. The sense of pride for his nation and the desire for its exaltation is called
A) debt;
B) self-preservation;
C) pride;
D) patriotism.
15.Pod ideological domination is understood
BUT) high level of development of communication technologies;
B) involves control over the main property objects in other countries;
IN) When one system of views is trying to impose all countries;
D) spends control over large cash resources.
16. Democracy in her modern understanding has its origin in
BUT) Ancient Egypt;
B) ancient Greece;
C) ancient China;
D) Ancient India.
17. In which of the lower listed countries, there is a constitutional monarchy
A) Russia;
B) Spain;
C) France;
D) USA.
18.State, ensuring the priority of such values \u200b\u200bas freedom, human rights, private property, the election and accountability of the people of the authorities in combination with the formation of the authorities exclusively the people of this country are called
A) constitutional democracy;
B) egalitarian democracy;
C) socialist democracy;
D) sovereign democracy.
19. Recently, a significant element of the concept of state security in Russia becomes
BUT) sovereign democracy
B) oligarchic democracy;
C) constitutional democracy;
D) Socialist democracy.
20. The cost of the country to withstand competition in international economic relations is called
BUT) national policy;
B) K. oncureability of the country;
IN) information model economy;
D) country's political and economic activity.
21. The mainness of economic, social, legal and organizational principles of management in the state, which consists of subjects that maintain a greater or lesser extent political independence is called
A) constitutionalism;
B) unitarism;
C) f ferry;
D) democracy.
22. Corruption is understood
BUT) criminal activities in the field of state and municipal Departmentaimed at extracting material benefits from official position and authority;
B) the principle of the company's device, in which success, promotion, career, public recognition of a person and citizen directly depend on his personal merit to society;
C) the indicator of the material well-being of people measured by their income (for example, a GNP per capita) or with the help of material consumption indicators;
D) cohesive social communities, preparing and hosting the most important decisions in the field of economics and business.
23.Production and support for legitimate authorities are called
A) sovereignty;
B) legitimacy;
C) law-abradiance;
D) rally.
24. The list of activities of people who inevitably has a determining, powerful impact on all other spheres is
A) economy;
B) religion;
C) politics;
D) information.
25.Systematic worldly organized worldview, expressing the interests of a specific public group (class, class, professional corporation, religious community, etc.) and requiring the subordination of individual thoughts and actions of each member of such a group of the goals of struggle for participation in the authority called
A) political ideology;
B) ideological struggle;
C) political consciousness;
D) political culture.
26. As a society is called, where the power is trying to forcibrate to approve the ideals of the dominant ideology in the minds of citizens and in practical life
A) cultural society;
B) an ideocratic society;
C) industrial society;
D) Democratic society.
27. What makes the presence of multiparty
A) to the political opposition;
B) to comply with the rule of law;
C) to political competition;
D) to freedom of obtaining and disseminating information.
28. How is the form of the organization's organization, in which the legislature in the country belongs to the election representative (parliament) and the head of state is elected by the population (or a special electoral body) for a certain period
A) constitutional;
B) republican;
C) federal;
D) monarchical.
29. The highest legislative body of the country in the Parliamentary Republic is
A) parliament;
B) Legislative Assembly;
C) the Duma;
D) party.
30. Which country is listed below, is the Parliamentary Republic
A) FRG;
B) US;
In Russia;
D) France.
The key to the test:
1.B.
2.A.
3.B.
4.G.
5 B
6.A.
7.A.
8.V.
9.B.
10.A.
11.B.
12.A.
13.V.
14.g.
15.V.
16.B.
17.B.
18.G.
19.A.
20.B.
21.V.
22.A.
23.B.
24.V.
25.A.
26.B.
27.V.
28.B.
29.A.
The state differs from a tribal organization with the following signs. Firstly, public authority Not coinciding with the whole population, isolated from him. The peculiarity of public authorities in the state is that it belongs only to the economically dominant class, is a political, class authority. This public authority relies on special detachments of armed people - initially on the squad of the monarch, and in the future - the army, the police, prisons and other forced institutions; Finally, on officials specially occupied by the management of people, subordinate to the latter will of the economically dominant class.
Secondly, separation of subjects not in blood stream, but by territorial sign. Around the fortified castles of monarchs (kings, princes, etc.), a trade and craft population settled under the protection of their walls, the city grew up. Here the rich hereditary knew. It is in cities, first of all, people were connected not to bloodary, but neighboring relations. Over time, blood bonds are replaced by neighborhood and in rural areas.
The causes and basic laws of the formation of the state were united for all the peoples of our planet. However, in different regions of the world, of different nations The process of state education had its own characteristics, sometimes very significant. They were associated with a geographical environment, specific historical conditions in which certain states were created.
The classical form is the emergence of the state by virtue of the action of only internal factors for the development of this society, stratification for antagonistic classes. This form can be considered by the example of the Athenian state. Subsequently, on this path, the formation of the state and in other nations, for example, the Slavs. The emergence of the state in Athenian is a highly typical example of the formation of the state in general, because it, on the one hand, occurs in its pure form, without any violent intervention, external or internal, on the other hand, because in this case a very highly developed form states - democratic Republic - It arises directly from the generic system, and finally, because we are well known for all the essential details of the education of this state. In Rome, the generic society turns into a closed aristocracy, surrounded by numerous, standing outside of this society, powerless, but carrying the obligations of the Plumbs; The victory of the plebs explodes the old generic system and on its ruins erects the state in which the generic aristocracy and the plebs are completely dissolved. At the German winners of the Roman Empire, the state arises as a direct result of the conquest of extensive other people's territories, for the domination of which the generic system does not give any means. Consequently, the process of forming the state "pushes" is often accelerated by external factors for this society, such as a war with neighboring tribes or existing states. As a result of the conquest of the German tribes of the extensive territories of the slave-owned Roman Empire, the tribal organization of the winners, which was at the stage of military democracy, quickly reborn into the feudal state.
64. The theory of state of stateSperansky Mikhail Mikhailovich (1772-1839) is one of the representatives of liberalism of the late XVIII century. in Russia.
short biography: S. Born in the family of a rural priest. After graduating from studying in St. Petersburg began to make a career. Later Alexander I S. was appointed State Secretary of the Tsarian Yard. S. - author of the plan of liberal reorganization of Russia.
Main works: "Plan of state transformation", "Guidelines for the knowledge of laws", "Code of Laws", "Introduction to the Regulation on State Laws".
His glances:
1) on the origin of the state. The state, according to S., arose as a public union. It is created for the benefit and safety of people. The people are a source of government force, since any legal government arose on the basis of the total will of the people;
2) on the tasks of state transformations. The best form of the Board of S. considered the constitutional monarchy. In accordance with this, S. allocated two tasks of state transformations: Russia's preparation for the adoption of the Constitution, the elimination of serfdom, since it is impossible to establish a constitutional monarchy with the fortress right. The process of eliminating serfdom is carried out in two stages: the elimination of land landlords, capitalization of land relations. As for the laws, S. claimed that they should be made with the obligatory participation of the elective state Duma. The combination of all laws constitutes the Constitution;
3) on the system of representative bodies:
a) the lowest link - the volost thought, which includes landlords, citizens who have real estate, as well as peasants;
b) the average link - the District Duma, whose deputies are elected by the Volos Duma;
c) State Council, whose members are appointed by the emperor.
Monarch has absolute power;
4) on the Senate. Senate is the highest judicial authority to which all the lower courts are subordinate;
5) for estates.
S. believed that the state should have the following groups of classes:
a) nobility - the highest estate in which the persons who carry military or public service;
6) The average estimate is merchants, one-bedrooms, gentlemen, postlands that have real estate;
c) the lower estate is a working people who have no eligible law (local peasants, workshops, home servants and other employees).
65 . Bureaucracy and stateA rather long period in our, social psychology was formed a negative attitude towards such a phenomenon as a bureaucracy. The state is impossible without a bureaucracy in its various formal expressions. The phenomenon of bureaucracy is dualistic.
State bodies characterize the formation of a special layer of people physically torn off from material production, but performing very important management functions. This layer is known under different names: officials, bureaucrats, managers, functionaries, nomenclature, managers, etc. It is a union of professionals engaged in managerial labor - this is a special and important profession.
As a rule, this layer of people ensures the fulfillment of the functions of the state, state power, government agencies In the interests of society, the people. But in a certain historical setting, functionaries can be a way to ensure their own interests. Then there are situations when there are special organs (synecuru) or other individuals or are looking for new functions and so on.
The construction of the state of the state should go from the functions to the organ, and not the opposite, and on a strict legal basis.
Bureaucracy (from FR. bureau. - Bureau, Office and Greek. κράτος - domination, power) - under this word implies the direction that states government in countries where all cases are concentrated in the hands of the authorities of the central government authorities acting on the prescription (bosses) and through the prescription (subordinate); Then, under B. Severe the class of persons, sharply allocated from the rest of society and consisting of these agents of the central government power.
The word "bureaucracy" usually causes the picture of the office of the stationery, poor work, useless activities, many hours of expectations to obtain certificates and forms that are already canceled, and attempts to combat the municipality. All this really happens. However, the root cause of all these negative phenomena is not bureaucracy as such, but the deficiencies in the implementation of the rules of work and the objectives of the organization, the usual difficulties associated with the size of the organization, the behavior of employees who do not meet the rules and objectives of the organization. The concept of a rational bureaucracy, originally formulated in the early 1900s by the German sociologist Max Weber, at least ideally, is one of the most useful ideas in the history of mankind. Weber Theory did not contain descriptions of specific organizations. Weber offered a bureaucracy rather as a certain regulatory model, the ideal, to the achievement of which organizations should strive. The foreign term "bureaucratic" fully complies with the Russian word "conjoy." In Western Europe, the emergence and strengthening of B. went parallel to the emergence and strengthening of state power. Near the political centralization, the centralization of the administrative, as an instrument and austerity, was developed, was developed in order to displace the feudal aristocracy and old communal authorities from all, if possible, the fields of management and create a special class of officials, directly and exclusively subordinate to the influences of the central authorities .
With the decline and degeneration of local corporations, unions and estates, new tasks of management have appeared, the circle of state power has expanded continuously, until the so-called police state (XVII-XVIII century), in which all the disposal of the life of the spiritual and material is equally subordinate to the guardianship of state power.
At the police state, the bureaucracy reaches higher development, and here, with the greatest discrimination, its unfavorable features are the features that it retained and in the XIX century in countries that are still built on the principles of centralization. With this nature of the management of government agencies are not able to cope with extensive material and usually fall into formalism. Due to its significant number and consciousness of its power, officials takes a special exceptional position: it feels the leading center of the whole public Life And forms a special cast outside the people.
In general, they give themselves three miscarriages of such an administrative system: 1) public affairs requiring state intervention, they are more common than good; 2) managed must endure the intervention of the authorities into such relations, where there is no need for this; 3) Contact with the authorities rarely do without suffering the personal dignity of the average man. The combination of these three is unprofitable and differs that the direction of public administration, which is commonly characterized by one word: bureaucracy. It is commonly ordinary police authorities; But where she was rooted, she spreads its influence on all the officials, to power judicial and legislative.
Maintaining any complex business in life, private, or public, inevitably requires observance of well-known forms. With the expansion of pursued tasks, these forms are multiplied and the "multi-language" of modern management is an inevitable satellite for the development and complications of public life. But the neopid the bureaucracy from the healthy system of the administration is different, that in the last form is observed for the sake of the case and in the event of the need to be sacrificed, while the bureaucracy respects the sake of it itself and it sacrifies the creature of the case.
The subordinate authorities see their task not to actually act in the limits specified by it, but to fulfill the requirements for more than, that is, unsubscribe, to fulfill a number of prescribed formalities and that satisfy the highest superiors. Administrative activities are reduced to email; Instead of actual execution, they are content with writing paper. And since the paper execution never meets obstacles, the highest government gets used to putting the requirements of their local authorities actually impracticable. As a result, it turns out a complete disorder between paper and reality.
The second distinctive feature B. is the alienation of the officialhood from the rest of the population, in its custom exclusivity. The state takes its employees from all classes, in the same collegium it connects the sons of noble childbirth, city inhabitants and peasants; But they all feel equally alienated from all classes. They are alien to the consciousness of the common good, they do not share the vital tasks of any of the estates or classes separately.
Bureaucrat - bad community member; Community communications seem to be humiliating, subordinate to community authorities is unbearable. He does not have fellow citizens at all, because he does not feel like a member of the community or a citizen of the state. These manifestations of the caste spirit of the bureaucracy, from which only the nature of exceptional can be completely dismissed, deeply and disgust affect the relationship of the mass of the population to the state.
When the mass sees a representative of the state only in the face of officialsity, which is alien to it and puts himself at some unacceptable height, when any contact with the state bodies threatens only trouble and constraints, then the state itself becomes for the mass of something alien or even hostile. Consciousness of its belonging to the state, consciousness, which make up a living part of the great organism, the ability and desire for self-sacrifice, in one word, the sense of statehood weakens. But after all, meanwhile, this feeling makes the state strong in the days of the world and sustainable in the moments of danger.
The existence of B. is not associated with a certain form of government; It is possible in the states of republican and monarchical, in monarchies of unlimited and constitutional. Overcome B. Extremely difficult. New institutions, unless they are in life under cover B., immediately penetrate its spirit. Even constitutional guarantees are powerless here, for no constitutional assembly manages itself, it cannot even give management a sustainable direction. In France, bureaucratic forms of management and administrative centralization received even a new force after the coups who created a new order of things.
In Russia, Peter I often consider B. In Russia, and its approved and final organizer - Speransky count. In fact, one already "collecting Russian Earth" needed a centralization in management, and the centralization generates a bureaucracy. Only the historical foundations of Russian B. - other in comparison with the bureaucracy of Western European.
Thus, criticism of the bureaucracy draws attention to the efficiency of the system, and the questions of its compatibility with honor and dignity of the individual.
The only sphere where bureaucracy is indispensable - this is the application of laws in court. It is in jurisprudence that the form is really more important than the content, and high efficiency (in the temporary framework for the consideration of cases, for example) has an extremely low priority compared, for example, with the principle of legality.
66. Church and stateThe church as an institutional representative of a certain religion plays a prominent role in the political system of any society, including in multi-confessional Russia. Its moral and ideological influence is trying to use political parties and official authorities, although, according to Art. 14 of the Constitution " the Russian Federation- the secular state "and" religious associations are separated from the state. " Religious denominations are various directions of Christianity, Islam, Buddhism and Judaism - their church institutions are actively involved in politics, especially regional and national-ethnic. FROMthe ancient and the most famous system of relations between the church and the state is the system of established or state church. The state recognizes one religion from among all true religion and one church solely supports and patronizes, to the presence of all other churches and religions. This presence means at all that all other churches are not recognized as true or quite true; But it is practically expressed in a different form, with many diverse shades, and from non-recognition and alienation comes sometimes before pursuit. In any case, under the action of this system, strangers of confessions are subject to some more or less significant diminishing in honor, in the right and advantage, relatively with their own, with the dominant confession. The state can not be a representative of some of the Company's material interests; In this case, it would have deprived himself the spiritual strength and would have taken away from spiritual unity with the people. The state is the stronger and even more matters, the more clearly the spiritual representation is indicated in it. Only under this condition is supported and strengthened in the national and civil life environment, respect for the law and confidence in state power. Neither the beginning of the integrity of the state or public good, state benefits, nor even the beginning of the moral - themselves are not enough to approve the solid connection between the people and government power; And the moral beginning is unstable, indefinitely, deprived of the main root, when it is renounced from religious sanction. This central, collective force without a doubt will be devoid of such a state, which in the name of an impartial relationship to all beliefs itself is reversed from any belief - whatever. The confidence of the masses of the people to the rulers is based on faith, that is, not only on the one of the people of the people with the government, but also on simple confidence that the government has faith and acts in faith. Therefore, even pagans and Mohamnetan have more confidence and respect for such a government, which stands on a solid principle of belief - whatever it has been to the government, which does not recognize their faith and all beliefs are equally.
This is the indisputable advantage of this system. But over the centuries, circumstances have changed, with which this system has received its beginning, and new circumstances have arisen, when it has become difficult for the previous one. At that time, when the first foundations of European civilization and politics were laid, the Christian state was tightly a solid and inseparable union with one Christian Church. Then, in the environment of the most Christian church, the initial unity was divided into diverse senses and a discord, from which everyone became the meaning of a common true teaching and a uniform True Church. Thus, the state had to have several multiple teachings before him, between which was distributed by the mass of the people. With a violation of unity and integrity in belief, such it is, when the dominant church, supported by the state, turns out to be a church of a small minority, and herself weakens in sympathy or completely deprived of sympathy of the mass of the people. Then there may be important difficulties in determining the relationship between the state with his church and churches, which belongs to the national majority.
67. Typology of stateABOUTtaming the plurality of points of view related to the consideration of the problem of the state typology, two main scientific approaches should be distinguished: formational and civilizational. The essence of the first (formational) is to understand the state as a system of interrelated economic (basic) relations predetermining the formation of a superstructure that unites social, political, ideological relations. Supporters of this approach are considering the state as a specific social organ, emerging and dying at a certain stage of development of society - socio-economic formation. The activities of the state are predominantly enforced and implies power methods for resolving class contradictions arising from the conflict between advanced productive forces and backward production relations. The main historical types of states in accordance with the formational approach are state-type states (slave-owned, feudal, bourgeois), characterized by the presence of private ownership (slaves, land, means of production, surplus capital) and irreconcilable (antagonistic) contradictions between the class of oppressors and the class of oppressed.
Atypical for the formation approach is a socialist state resulting from the victory of the proletariat over the bourgeoisie and marks the beginning of the transition from bourgeois to the communist (stateless) socio-economic formation.
In a socialist state
· The ownership of the state (nationwide) is coming to replace private property;
· Contradiction comes the property of state (nationwide);
· Contradictions between classes cease to carry antagonistic;
· There is a tendency to the merger of the main classes (workers, peasants, interlayers of the labor intelligentsia) and the formation of a single socio-homogeneous community - soviet people; The state continues to remain a "force coercion mechanism", however, the direction of forceding measures is changing - from the device of enslavement with one class of the other, the state turns into a tool to ensure and protect the interests of the community in the international arena, guarantees of legality and law enforcement in the state itself.
Noting the positive features of this approach should first note its concreteness, allowing enough to clearly designate the main historical types of state-legal systems. As a negative parties: to point out dogmatism ("Marx's doctrine is not possible, because it is true") and one-sidedness of the formation typology that takes the basis of typology only an economic criterion.
Civilization approach to the typology of states.The civilization approach is focused on the knowledge of the singularities of state development through all forms of human activity: labor, political, social, religious - in all the diversity of public relations. And within the framework of this approach, the type of state is determined not so much objective and material as ideal, cultural factors. In particular, A. J. Tynby writes that the cultural element is a soul, blood, lymph, the essence of civilization; In comparison with it, economic and moreover, political criteria seem artificial, irrelevant, ordinary creatures of nature and the driving forces of civilization.
The concept of Toynbi civilization formulates as a relatively closed and local state of society, differing in the generality of religious, psychological, cultural, geographical and other signs, two of which remain unchanged: religion and form of its organization, as well as the degree of remoteness from the place where this society originally originated . Toynby considers Toynbi, they have been preserved for those who were able to consistently master the life environment and develop the spiritual principle in all kinds of human activity (Egyptian, Chinese, Iranian, Syrian, Mexican, Western, Far Eastern, Orthodox, Arab, etc. .) Each civilization attaches a sustainable community to all states that existed within its framework.
The civilizational approach allows distinguishing not only the confrontation of classes and social groups, but also the scope of their interaction on the basis of universal interests. Civilization forms such a dormitory norms that, with all their difference, are important for all social and cultural groups, while holding them in the framework of a single whole, at the same time the multiplicity of estimated criteria used by various authors for analyzing a civilization form, It predetermines the uncertainty of this approach, complicates its practical application in the research process ..
68. Structural elements of the method of legal regulationThe need for various legal means operating in the IPR is determined by the different nature of the movement of the interests of the subjects to the values, the presence of numerous obstacles on this path. It is the ambiguity of the problem of meeting interests as a meaningful point implies and the diversity of their legal design, ensure.
The following key stages and elements of the legal regulation process can be distinguished: 1) the rule of law; 2) legal fact or actual composition with such a decisive indicator as an organizational and executive law enforcement; 3) legal relations; 4) acts of realization of rights and obligations; 5) Guarantee law enforcement (optional element).
In the first stage, the rule of behavior is formulated, which is aimed at meeting certain interests that are in the field of law and requiring their equitable ordering. Here, not only the circle of interests and, accordingly, the legal relations, within which their implementation will be legitimate, but also projected to obstacles to this process, as well as possible legal means of overcoming them. The named stage is reflected in this element of the IPR, as the rules of law.
In the second stage, there is a definition of special conditions, upon whose occurs, "turns on" the action of common programs and which allow you to move from general rules To more detailed. An element denoting this stage is a legal fact that is used as a "trigger" for the movement of specific interests on the legal "channel".
However, it is often necessary for this a whole system of legal facts (actual composition), where one of them must be definitely decisive. It is precisely such a fact that there is sometimes not enough subject for further movement of interest in value capable of satisfying it. The absence of a similar decisive legal fact acts as an obstacle that needs to be considered from two points of view: with meaningful (social, material) and with formal (legal). From the point of view of the contents of the obstacle will be the dissatisfaction of their own interests by the subject, as well as public interests. In the formally, the obstacle is expressed in the absence of a decisive legal fact. Moreover, this obstacle overcomes only at the level of law enforcement activities as a result of the adoption of the appropriate act of application of law.
Act of the application of law is the main element of the set of legal facts, without which the specific rate of law cannot be implemented. It always carries a decisive character, for it is required at the most "last moment" when other elements of the actual composition are already available. So, for the realization of the right to enter the university (as part of a more general right to receive higher education) Application Act (the order of the rector on enrollment in students) is necessary when the applicant presented in reception Commission Required documents, passed the entrance exams and passed through the competition, i.e. When there are already three other legal facts. The act of use bonds them into a single legal composition, gives them a reliability and entail the emergence of personal subjective rights and obligations, overcoming the obstacles and creating the opportunity to meet the interests of citizens.
This is only a function of special competent authorities, subjects of management, and not citizens who do not have the authority to apply the norms of law, do not act by law enforcers, and therefore, in this situation will not be able to ensure their own interests. Only the law enforcement authority will be able to ensure the fulfillment of the legal norm, adopt an act that will be the mediated link between the norm and the result of its action will be the foundation for a new number of legal and social consequencesSo, for the further development of the public relationship, clothed in the legal form.
A similar type of law enforcement is called operational executive, for it is based on positive regulation and is intended to develop social ties. It is in him that the rigorous factors are most embodied, which is characteristic of acts about the promotion, assigning personal titles, to establish payments, benefits, marriage registration, on the device to work, etc.
Consequently, the second stage of the legal regulation process is reflected in this element of the IPR, as a legal fact or actual composition, where the function of a decisive legal fact performs an operational enforcement law enforcement.
The third stage is to establish a specific legal connection with a very definite division of subjects on controlled and required. In other words, it detected here, which of the parties is of interest and the corresponding subjective right, designed to satisfy it, and which is obliged to either prevent this satisfaction (prohibition), or to carry out well-known active actions in the interests of the administered (duty). Anyway we are talking About the legal relationship, which arises based on the norms of law and in the presence of legal facts and where the abstract program is transformed into a specific rule of behavior for relevant entities. It is specified to the extent to which the interests of the parties are individualized, or rather, the main interest of the administered person who acts as the criterion for the distribution of rights and obligations between opposing in the legal relations of persons. This stage is embodied in this element of the IPR, as a legal relationship.
The fourth stage is the implementation of subjective rights and legal responsibilities in which legal regulation reaches its goals - allows the interest of the subject to be satisfied. Acts of implementing subjective rights and responsibilities are the main tool, with which the rights and obligations are implemented - are carried out in the behavior of specific subjects. These acts can be expressed in three forms: compliance, execution and use.
69. Religion and rightAs is known, the church is separated from the state, but is not separated from the society, with which the common spiritual, moral, cultural life. It has a powerful impact on the consciousness and behavior of people, acts as an important stabilizing factor.
Weight representatives of religious organizations, associations, denominations, communities that exist in the territory of the Russian Federation are guided by the exercise of the constitutional right of the freedom of conscience both by their intraperigious rules and beliefs and the current legislation of the Russian Federation. The last basic legal act regulating the activities of all types of religions in Russia (Christianity, Judaism, Islam, Buddhism) is the Federal Law "On Freedom of Conscience and Religious Associations" of September 26, 1997
This law also defines the relationship between the church and the official authority, legal and some religious norms are intertwined. The Church respects the right, the laws established in the state order, and the state guarantees the possibility of free religious activities that are not contrary to the principles of public morality and humanism. Freedom of religion is the most important trait of a civil democratic society. The revival of religious life, respect for the feelings of believers, the restoration of the temples charged at one time is the undoubted spiritual achievement of new Russia.
On the close relationship of the right and religion says the fact that many Christian commandments, such as "not killed", "not steal", "not false witnesses" and others are enshrined in the law and are considered as crimes. In Muslim countries, the right is generally based on a large extent on religious dogmas (the norms of adat, Sharia), for whose violation is very severe punishment. Sharia is Islamic (Muslim) right, and Adat is a system of customs and traditions.
Religious standards as a mandatory rules of the behavior of believers are contained in such famous historical monuments as the Old Testament, New Testament, Koran, Talmud, Sunna, the Sacred Books of Buddhism, as well as in the current solutions of various cathedrals, colleges, clergy meetings, leading structures of the church hierarchy. The Russian Orthodox Church is known canonical law.
The Constitution of the Russian Federation says: "The Russian Federation is a secular state. No religion can be established as a state or mandatory. 2. Religious associations are separated from the state and are equal to the law "(Article 14). "Everyone is guaranteed freedom of conscience, freedom of religion, including the right to confess individually or together with others any religion or not confess any, freely choose, have and distribute religious and other beliefs and act in accordance with them" (Art. 28).
"A citizen of the Russian Federation in the event that his convictions or religion contradicts the mileage of military service, as well as in other cases established by federal law, has the right to replace its alternative civil service" (paragraph 3 of Art. 59). However, the law on alternative civil service has not yet been adopted.
It should be noted that recently freedom of religion has increasingly become contrary to the ideas of human rights, humanism, morality and other generally recognized values. Today in Russia there are about 10 thousand so-called non-traditional religious associations. Not all of them perform indeed socially useful or at least harmless functions. There are separate cult groups, sects whose activities are far distinguished and wearing, in essence, socially destructive, morally condemned character, especially foreign, including Catholic, Protestant. Headquarters of some religious communities are located in the USA, Canada and other countries.
70 Superoin the state in the context of globalizationState Sovereignty The Russian Federation is a sovereign state.
G. S. RF is the independence and freedom of the multinational people of Russia in determining their political, economic, social and cultural development, as well as territorial integrity, the rule of the Russian Federation and its independence in relations with other states.
The sovereignty of the Russian Federation is "the natural and necessary condition for the existence of the statehood of Russia, which has a centuries-old history, culture and established traditions" (Declaration on the State Sovereignty of the RSFSR dated June 12, 1990).
The prerequisite for the formation of a sovereign state is the nation as a historical and cultural association of people.
The multinational people of Russia is the only carrier of sovereignty and the source of state power.
G. S. RF is made up of the rights of individual peoples of Russia, so the Russian Federation guarantees the right of every people of Russia to self-determination within the territory of the Russian Federation in the national-state and national-cultural formations elected, the preservation of national culture and history, free development and use native language etc.
Structural elements G. S. RF:
1) independence and independence of the state power of the Russian Federation;
2) the rule of government throughout the Russian Federation, including its individual subjects;
3) territorial integrity of the Russian Federation.
The independence and independence of the state power of the Russian Federation suggests that the Russian Federation independently determines the directions of both internal and foreign policy.
To ensure the right of the state
State - Organization of political power, carrying out the management of society and ensures in it procedure and stability.
Basic signs of state These are: the presence of a certain territory, sovereignty, a wide social base, a monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbolism.
State is performed internal functions, among which - the economic, stabilization, coordination, social, etc. exist and external functions The most important of which are the provision of defense and the establishment of international cooperation.
By form of board States are divided into monarchies (constitutional and absolute) and republic (parliamentary, presidential and mixed). Depending on the forms of the State Device Unitary states, federation and confederation.
State
State - This is a special organization of political power, which has a special apparatus (mechanism) of society management to ensure its normal activity.
IN historical The state of the state can be defined as a social organization that has the ultimate power over all people living within the boundaries of a certain territory, and has the main purpose of solving common problems and ensuring the overall good while maintaining, first of all, of the order.
IN structural Plan the state appears as an extensive network of institutions and organizations personifying three branches of power: legislative, executive and judicial.
Government It is sovereign, that is, the Supreme, in relation to all organizations and persons within the country, as well as independent, independent to other states. State - official representative All society, all of its members called citizens.
Challenged from the population and the loans received from it are sent for the maintenance of the state office of power.
The state is a universal organization, which is distinguished by a number of no analogues of attributes and signs.
Signs of state
- Forcedness - state coercion primary and priority to the right to force other actors within this state and is carried out by specialized bodies in situations defined by law.
- Sovereignty - the state has the highest and unlimited power in relation to all persons and organizations operating within the historically established boundaries.
- Universality - the state speaks on behalf of the whole society and distributes its power to the entire territory.
Signs of state There are territorial organization of the population, state sovereignty, tax collection, lawmaking. The state subordinates the entire population living on a certain territory, regardless of administrative-territorial division.
Attributes of state
- The territory is determined by the boundaries separating the spheres of the sovereignty of individual states.
- The population is subject to states on which its power is applied and under the protection of which they are located.
- The device is a system of organs and the presence of a special "class of officials" through which the state is functioning and developing. The publication of the laws and rules obligatory for the entire population of this state is carried out by the state legislature.
The concept of state
The state arises at a certain stage of the development of society as a political organization as the Institute of Power and Management of the Company. There are two main concepts of the state. In accordance with the first concept, the state arises during the natural development of society and the conclusion of a contract between citizens and rulers (T. Gobbs, J. Locke). The second concept goes back to Plato's ideas. She rejects the first and insists that the state arises as a result of conquest (conquest) of a relatively small group of warlike and organized people (tribe, race) significantly superior in numbers, but less organized population (D. Yum, F. Nietzsche). Obviously, in the history of mankind, there were both the first and second way of the emergence of the state.
As mentioned, at first the state was the only political organization in society. In the future, during the development of the political system of society, there are other political organizations (parties, movements, blocks, etc.).
The term "state" is usually used in a wide and narrow value.
In a broad sense The state is identified with society, with a certain country. For example, we say: "States included in the UN", "NATO Member States", "India State". In the examples under the state, whole countries are understood together with their peoples living in a certain territory. Such an idea of \u200b\u200bthe state dominated antiquity and in the Middle Ages.
In a narrow sense The state is understood as one of the institutions of a political system, which has the 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 complication of the political system and the social structure of society occurs, the need to separate the state institutions actually and institutions and other non-governmental institutions of the political system.
The state is the main socio-political institution of society, the core of the political system. Possessing the sovereign power in society, it manages the vital activity of people, regulates relations between different social layers and classes, is responsible for the stability of society and the safety of its citizens.
The state has a complex organizational structure, which includes the following elements: legislative institutions, executive and administrative bodies, judicial system, public order and state security bodies, armed forces, etc. All this allows the state not only the functions of managing society, but also the functions of coercion (institutionalized violence) in relation to both individual citizens and large social communities (classes, classes, nation). So, during the years of Soviet power, many classes and class (bourgeoisie, merchants, prosperous peasantry, etc.) were actually destroyed in the USSR, and other nations (Chechens, Ingush, were actually destroyed by political repression. crimean Tatars, Germans, etc.).
Signs of state
The main subject political activity The state is recognized. FROM functional The point of view is the state is the leading political institution that carries out the management of society and ensures order and stability in it. FROM organizational The point of view of the state is the organization of political power, entering into relations with other actors of political activities (for example, citizens). In such an understanding, the state is considered as a totality of political institutions (courts, social security system, army, bureaucracy, local authorities, etc.) responsible for the organization social Life and society funded.
Signswho distinguish the state from other political actors, are as follows:
Availability of specific territory - The jurisdiction of the state (the right to finance the court and solve legal issues) is determined by its territorial boundaries. In these borders, state power extends to all members of society (both those who have citizenship of the country and not possessing it);
Sovereignty - the state is completely independent of internal affairs and in conducting foreign policy;
Diversity of resources used - the state accumulates the main power resources (economic, social, spiritual, etc.) to exercise their powers;
The desire for the representation of the interests of the whole society - The state speaks on behalf of the entire society, and not individuals or social groups;
Monopoly on legitimate violence - the state has the right to apply power to ensure the execution of laws and punish their violators;
The right to collect taxes - the state establishes and collects various taxes and fees from the population, which are sent to the financing of state bodies and the solution of various managerial tasks;
Public nature of power - The state ensures the protection of public interests, and not private. In the implementation of state policies, it usually does not arise personal relations between the authorities and citizens;
Availability of symbols - The state has its own signs of statehood - flag, coat of arms, anthem, special symbols and attributes of power (for example, crown, silepteer and power in some monarchies), etc.
In a number of contexts, the concept of "state" is perceived as a "country", "society", "government", but this is not so close to the concepts of the concepts of the concepts.
Country - The concept is primarily cultural and geographical. This term is usually used in cases where they say about the area, climate, natural zones, population, nationalities, religions, etc. The state is a political concept and denotes the political organization of that other country - the form of its board and device, political regime, etc.
Society - The concept is wider than the state. For example, society may be above the state (society as all of humanity) or DOGO (such a tribe and primitive genus). On the modern stage The concepts of society and the state are also not coincided: public authorities (say, a layer of managerial professionals) is relatively independent and isolated from the rest of society.
Government - Only part of the state, its highest administrative and executive body, tool for the implementation of political power. The state is a steady institute, the time as governments come and go.
General signs of state
Despite all the variety of species and forms state formationsThe current and currently existing currently distinguish between general features that are in one degree or another are characteristic of any state. The most fully and reasoned, in our opinion, these signs were set out by V. P. Pugachev.
These features include the following:
- public power separated from society and does not coincide with the social organization; the presence of a special layer of people engaged in political management of society;
- a certain territory (political space), outlined by the boundaries, the laws and powers of the state are subject to;
- sovereignty is the supreme power over all citizens living on a certain territory, their institutions and organizations;
- monopoly on legal use of force. Only the state has "legitimate" grounds in order to limit the rights and freedoms of citizens and even deprive their lives. For these purposes, it has special strength structures: army, police, courts, IT prisons. P.;
- the right to collect taxes and fees from the population, which is necessary for the content of state bodies and material support of state policy: defense, economic, social, etc.;
- the obligation of 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;
- claim for the representation of the whole 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 state functions can be divided into two main types: internal and external.
While doing internal functions The activities of the state are aimed at managing society, to coordinate the interests of various social layers and classes, to maintain their powerful powers. Exercising external functions, the state acts as a subject international relationsrepresenting a certain people, territory and sovereign power.
Test in the course "Political Systems of Modern Russia"1. What functions performs the policy subsystem
A) adaptation function
B) function of goal
C) coordination function
D) integration function
2. Possible organization of political power in the community that occupies a certain territory that has its own management system and possessing internal and external sovereignty is called
A) State
B) Country
In town
D) confession
3. How does the national state refers
A) a religious community united by the unity of the creed
B) community of people on an ethnic basis capable of serving the basis of either one of the elements of the nation
C) ideology and practice of coexistence of various cultural groups
D) a special organization of political power in the community.
4. The polytic system, which pretended after World War II and characterized by the opposition of two blocks of states - the socialist led from the USSR and the capitalist led by the United States, is called
A) North Atlantic world order
B) Warsaw world order
C) Washington world order
D) Yalta world order
5. International Institution The United Nations was created for
A) holding and control free international trade
B) solutions to world conflicts
C) carrying aggressive information policy
D) preventing the global economic crisis
6.And called the organization of countries - manufacturers and exporters of oil, which was created in the 60s of XX
A) OPEC
B) the EU
D) TNK
7.Who conducted the "open doors listed below"
B) China
C) Japan
D) Germany
8. How is the system of execution of the state functions, in which their significant part is automated and transferred to the Internet
A) email
B) information economy
C) electronic government
D) information society
9. Privatization is called
A) monetary payment of the right to use the leased property
B) the process of transferring state ownership to the private sector
C) income that cause production factors
D) the process of preparing and executing a number of consecutive transactions between the creditor and its creditors and debtors.
10. Which country is listed below, is the Presidential Republic
A) France;
B) FRG;
To China;
D) Russia.
11.And the conflict was completed between the congress of people's deputies and President Boris Yeltsin, after the collapse of the USSR
A) adoption of a new constitution and elections to the Russian parliament
B) only accepting a new constitution
C) only elections to the Russian parliament
D) the introduction of the post of president
12. The Lower Chamber of the Russian Parliament, consisting of 450 deputies is
A) Federal Assembly
B) State Duma
C) Federation Council
D) Congress of People's Deputies
29. State, the legislative proclaimer of one of the nations living in its territory is called
A) mono ethnic state
B) polyethnic state
C) national state
D) empire
13. The issuer is called
A) a mandatory state monetary collection charged by customs authorities when exporting goods outside the state
B) the type of political and economic activity, the main area of \u200b\u200bwhich is the establishment of regulations and financial and legal regulation in the field of economic operations
C) legal entity issuing emission securities
D) a focused action on restriction or minimization of risk, the risk financing method concluded in the transmission of risk.
14. The sense of pride for his nation and the desire for its exaltation is called
B) self-preservation;
C) pride;
D) patriotism.
15.For ideological domination is understood
A) high level of development of communication technologies;
B) involves control over the main property objects in other countries;
C) when one system of views is trying to impose all countries;
D) implies control over large cash resources.
16. Democracy in its modern understanding has its origin in
A) ancient Egypt;
B) ancient Greece;
C) ancient China;
D) Ancient India.
17. In which of the listed countries, there is a constitutional monarchy
A) Russia;
B) Spain;
C) France;
18.State, ensuring the priority of such values \u200b\u200bas freedom, human rights, private property, the election and accountability of the people of the authorities in combination with the formation of the authorities exclusively the people of this country are called
A) constitutional democracy;
B) egalitarian democracy;
C) socialist democracy;
D) sovereign democracy.
19. Recently, a significant element of the concept of state security in Russia becomes
A) sovereign democracy
B) oligarchic democracy;
C) constitutional democracy;
D) Socialist democracy.
20. The cost of the country to withstand competition in international economic relations is called
A) national policy;
B) the competitiveness of the country;
C) information model of the economy;
D) country's political and economic activity.
21. The mainness of economic, social, legal and organizational principles of management in the state, which consists of subjects that maintain a greater or lesser extent political independence is called
A) constitutionalism;
B) unitarism;
C) federalism;
D) democracy.
22. Corruption is understood
A) criminal activities in the field of state and municipal administration aimed at extracting material benefits from official position and authority;
B) the principle of the company's device, in which success, promotion, career, public recognition of a person and citizen directly depend on his personal merit to society;
C) the indicator of the material well-being of people measured by their income (for example, a GNP per capita) or with the help of material consumption indicators;
D) cohesive social communities, preparing and hosting the most important decisions in the field of economics and business.
23.Production and support for legitimate authorities are called
A) sovereignty;
B) legitimacy;
C) law-abradiance;
D) rally.
24. The list of activities of people who inevitably has a determining, powerful impact on all other spheres is
A) economy;
B) religion;
C) politics;
D) information.
25.Systematic worldly organized worldview, expressing the interests of a specific public group (class, class, professional corporation, religious community, etc.) and requiring the subordination of individual thoughts and actions of each member of such a group of the goals of struggle for participation in the authority called
A) political ideology;
B) ideological struggle;
C) political consciousness;
D) political culture.
26. As a society is called, where the power is trying to forcibrate to approve the ideals of the dominant ideology in the minds of citizens and in practical life
A) cultural society;
B) an ideocratic society;
C) industrial society;
D) Democratic society.
27. What makes the presence of multiparty
A) to the political opposition;
B) to comply with the rule of law;
C) to political competition;
D) to freedom of obtaining and disseminating information.
28. How is the form of the organization's organization, in which the legislature in the country belongs to the election representative (parliament) and the head of state is elected by the population (or a special electoral body) for a certain period
A) constitutional;
B) republican;
C) federal;
D) monarchical.
29. The highest legislative body of the country in the Parliamentary Republic is
A) parliament;
B) Legislative Assembly;
C) the Duma;
D) party.
30. Which country is listed below, is the Parliamentary Republic
A) FRG;
B) US;
In Russia;
D) France.
