The state is a political organization of society possessing. Any state is an organization of political power. The signs of sovereignty are
Book: Political science / Dzyubko
4.4. The political organization of society. the state is the central organization
Society at any stage of its development acts as a set of interrelated organizations. It is organized in all spheres of life. The political system, covering the political sphere and giving it a certain logical completeness of connections, is also characterized by a system of organizations. All political organizations function autonomously. Their differentiation is growing. However, this does not mean that they exist on their own. The evolution of modern development is a twofold process: differentiation and interdependence of political institutions and organizations. All of them in their totality of interconnections create the political organization of society.
The political organization of society is a set of interrelated and mutually interdependent state, party organizations, public associations, created and operating with the aim of forming and functioning of the system of power and orderliness of politics or have influence on it.
The decisive place in the political organization of society is occupied by the state as a form of organization of social life. Without the state there is no political organization and political system of society as a whole. The state and its power are the axis on which the political system arises, rests and functions. Other organizational structures are being formed around the state. Outside of connection with the state, they have no political properties. Therefore, the state is a fundamental, basic organizational structure in the political organization of society and its entire political system.
The place of the state as a defining element of the political organization of society is determined by its purpose in society. She appears as:
> a political civil society organization;
> carrier of power in society;
> a representative of the entire population in a given geographical area;
> a form of political domination, which is expressed in the adoption of powerful decisions relating to the entire society and binding on the entire population;
> the source of everything political in society, its core element;
> spokesman for the general interest;
> a tool for the implementation of the general will in society;
> creator of common goals in society;
> the main stabilizer of public life;
> the main subject of political sovereignty.
Consequently, the state has a complex mechanism, and its functioning is multifaceted.
We all live in a state, feel its influence, obey its authority, use the services of state bodies, therefore, it would seem that the definition of a state for everyone should be a simple matter. However, since ancient times, political literature has given many definitions of the state. And this is no coincidence, since the state is a very complex political phenomenon, and it is too difficult to fit into the concept of such richness. The multivariance of the definition of the state is also due to the fact that, as it develops, it acquires new features and deepens the content of its functioning.
So, even before Aristotle, public life served the state, and the state itself was seen as an association for managing society. The good of the state was primitive in relation to the good of the individual, a person who “by nature is a political being” (Aristotle).
Aristotle's ideas about the state attracted N. Machiavelli and J. Bodin. N. Machiavelli considered the state as the embodiment of a strong secular centralized power. J. Bodin defined the state as the legal management of many aspects of the life of society. The definition of the legal principle of the state and the most important idea - the idea of state sovereignty - was a progressive phenomenon of that time.
The Marxist-Leninist concept of the state was based on class violence, which was seen as the essence of political and legal phenomena. The political ideology of class violence was not a product of Marx's imagination. It is known that since ancient times, political thought has distinguished two sides of the state - organized violence and the common good (what is now called public, or common, prosperity). The absolutization of one of the parties led this or that thinker to the theory, according to which the essence of the state is either violence, or such a way of organizing society that ensures the common good. On the basis of this, either the theory of violence, or the doctrine of the good of life, was formed.
The Marxist theory of the state as an organ of violence is historically understandable, since the doctrine of the class struggle as a metatheory of ideas about the state was formed during the formation of an industrial society. At that time, the social structure had a pronounced class character. Class antagonisms gave rise to revolutionary actions of the proletariat, and the state personified and defended the interests of the predominantly economically dominant class.
However, in the conditions of an industrial society, the Marxist "theory of violence" is unsuitable for the analysis of statehood. This is explained by the fact that modern society is a complex social structure, where violence is increasingly receding into the background as a result of the narrowing of social contradictions, and the general social activity of the state comes to the fore.
Around the problem of the state and society, even today in world political science there are heated discussions. Following the analysis of American political scientists G. Benjaminat G. Duval, there were five authoritative concepts of the state:
1. The state is an “acting” or “powerful force. Accordingly, before that, she makes a decision and makes a policy in society.
2. The state is the embodiment of certain "organizational principles" that provide structural coherence and integrity to the various institutions of government. This is the concept of the state as an organized whole, a structured state apparatus.
3. The state is the embodiment of real-life social relations, participation in the exercise of power in society by various social forces. The state is seen as the embodiment of the will of the ruling class.
4. The state is a system of government in society. It is the embodiment of both de jure and de facto laws. The state is a machine that eliminates conflicts, regulates social relations, and manages society.
5. The state is the embodiment of the dominant system of ideas and normative order in society. State and society are essentially inseparable.
Whatever discussions are held regarding civil society and the state, one thing is clear: even the most developed and free civil society does not have such mechanisms of self-regulation that would nullify the role of the state. The state is the institution that introduces, streamlines and regulates social processes, coordinates and harmonizes the interests of various social groups and political forces, creates the legal basis for a complex system of relations in society. The limited possibilities of self-regulation of civil society necessitates the state, which, without interfering in all its spheres, should become a powerful lever for the performance of power functions. Humanity has not yet created anything more perfect. That is why this lever should be humane (the priority of human rights in relation to the rights of the state), democratic (overcoming the alienation of the individual from the state, creating a mass social base), moral (ideas of equality and justice); be limited (separation of powers, creation of checks and balances).
The modern general theory of the state, which developed after the Second World War in Western Europe, considers the foundations of statehood in the rights of peoples. It connects the concept of state power with the category of human rights, i.e. the main pre-legislative and post-legislative requirements of a certain degree of freedom, primary in relation to power. These demands and the rights of peoples are recognized and fixed in the principles and norms of international law.
From the standpoint of international law, the state is a legal form of organization and functioning of political power. This approach changes the content of the established theory, according to which the state was characterized by the presence of the following main features: 1) people (population); 2) territory; 3) public state power, based on the material conditions for its implementation.
1. Substantial element of the state: the presence of the people as an ethnic community, which is politically determined. Any ethnic group that recognizes itself as a historical nation on this territory has the right to create its own sovereign or autonomous organization of public authority. This right is recognized by international law.
2. The territorial element of the state: the presence of a country, a geographical environment with which the nation is historically connected as a subject of the right to political self-determination. This territory is the homeland for the nation. The right to a homeland is primary in relation to other factors that determine the boundaries of the territory on which the political self-determination of the nation takes place.
3. Institutional element: the state is the main subject of political power and political relations. It is the main intuitional, organizational element of political relationships, the most organized political form of society. The state is an organization of public political power, limited by human rights. In other words, the state is an organization designed to ensure the free joint political, economic and spiritual existence of people. If the state is not totalitarian, it must represent the general will, and not the interests and needs of a particular social group, prevent conflicts, and if they arise, resolve them by consensus.
Note that in connection with the general theory of the state, the organization of political power that openly despises, neglects human rights (for example, does not recognize the right to life, liberty, inviolability of the person, carries out terror against the people of his country), is not a state in the modern sense of this concept. . Moreover, the general theory of the state recognizes the right to civil disobedience, up to violent resistance to an illegitimate regime of political power. Consequently, the exercise of state power is associated with its legality and legitimacy, that is, its legal validity, on the one hand, and justice, recognition, support from the population, on the other. The severity of this problem in modern Ukraine is also explained by the conditions for the formation of nomenklatura-mafia capitalism in some areas, inconsistency in some cases of commercial, administrative, and even criminal structures, opposition from the local nomenklatura or the central government, its incompetence and other factors.
Political legalization (from Latin legalis - legal) is the establishment, recognition and support of power by law, primarily by the constitution, norms, which, depending on the type of power, can vary significantly.
The legalization of state power may be illusory. This happens in case of violation of democratic procedures for adopting a constitution, other acts of constitutional significance, as well as for inconsistencies between these procedures and the ability of the people to exercise constituent power when adopting a fundamental law. If the law is contrary to the fundamentally humane values, it does not correspond to the law.
So, constitutions, laws can be adopted, changed, repealed in any way. For example, in many countries of Asia, Africa, and Latin America, military and revolutionary councils were created as a result of military coups and decreed differences in constitutions (sometimes suspended them), and often proclaimed new provisional constitutions without any procedures. In Iraq, since 1970, in the United Arab Emirates, since 1971, interim constitutions have retained the force of law. In Saudi Arabia, Nepal, the monarchs "given the constitution to their faithful people" with their own hands. In Brazil, the constitution was replaced by institutional acts, in Ethiopia - by proclamations. The Constitution of the USSR of 1936 contained democratic provisions on the rights of citizens, were not implemented, and the Constitution of the USSR of 1977, formally adopted in a democratic way, did not reflect the needs of real practice.
Consequently, legalization as the proclamation of the establishment of state power requires bringing it into a real state. This reflects such a concept as the legitimation of state power.
The phenomenon of political legitimacy of power is the personification of the cultural and human dimension. The meaning of this phenomenon lies in the acceptance of power by the population, in recognizing its right to govern and in agreeing to obey it. The process of political legitimation of power presupposes its "awakening" into culture, which can either accept or reject this or that system of power. Cultural, creative, social functions can only be performed by legal power based on the law and acting within its limits.
Political legitimation (from Latin legitimus - legal) is not a legal concept, but rather an actual one: it is a state that expresses the justification, expediency and other measurements of the compliance of a particular state power with the attitudes, expectations of citizens, social communities, society as a whole.
Recognition of state power is not associated with the issuance of a law, the adoption of a constitution (although this may also be part of the process of legitimation), but with a set of experiences and attitudes based on rational assessment, political experience and internal incentives, with political ideas of various segments of the population about the observance of norms by state power social justice, human rights. Illegitimate power is power based on violence, other forms of coercion, including mental influence.
The political legitimation of state power gives it the appropriate authority in society. The majority of the population voluntarily and quite consciously submits to it. This makes power stable and sustainable. However, a simple arithmetic majority cannot serve as the basis for true legitimation, because the majority of Germans adopted the policy of territorial claims and "purification of the race" for the Hitler regime.
The decisive criterion for the political legitimization of power is its compliance with universal human values.
The political legitimation of state power can and does provide for its legalization. However, it should be remembered that legitimation sometimes contradicts formal legalization. This happens when the adopted laws do not comply with the norms of justice, the ignominious democratic values of the majority of the population. In this case, legitimation or not (for example, the population has a negative attitude towards the totalitarian order established by the authorities), or in the course of revolutionary events, national liberation movements, legitimation of another, anti-state, insurgent, pre-state power takes place, which has developed in the liberated areas and subsequently turns into a state power.
Pseudo-legitimation is also possible, when, under the influence of propaganda, incitement of hatred, the use of personal charisma by the leader while banning the opposition and the free press, concealing truthful information and other actions, the majority of the population supports state power, which satisfies some of its current interests to the detriment of fundamental aspirations.
Political legalization and legitimation of power are closely interrelated. Beginning with H. Weber, there are three "pure" types of legitimation of power. This is traditional, charismatic and rational legitimation.
1. Traditional legitimation is domination based on traditional authority, based on respect for customs, faith in their continuity and based on stereotypes of consciousness and behavior.
Thus, traditions play a leading role in strengthening the monarchical power in the Muslim states of the Persian Gulf - Kuwait, Saudi Arabia, Bahrain, etc., as well as in Nepal, Bhutan, Brunei.
2. Charismatic legitimation is domination based on faith in the special qualities of a leader or a separate group of persons, in their exclusive mission in the development of the state. An example would be faith in the "good king", in the "great leader of all peoples". The charismatic state ideology is associated with the names of I. Stalin, Mao Zedong, Kim Il Sung, Ho Chi Minh and others.
3. Rational legitimation - domination based on rational assessment, conviction in the reasonableness of existing orders, laws, rules adopted in democratic states. Rational legitimation in modern conditions is the main
creation of a democratic legal state.
It very rarely happens that only one form of legitimation of power in the state is used, more often they act in combination. So, in a democratic UK, the main thing is the method of rational legitimation. However, the activities of the prime ministers W. Churchill and M. Thatcher had elements of charisma, and traditions played an important role in the activities of parliament and the cabinet. To a large extent, the role of Charles de Gaulle, President of the French state, is associated with his activities as the leader of the Resistance Movement in the fight against fascism during the Second World War. Power
V. Lenin and I. Stalin in the USSR was consecrated by ideological factors. Therefore, the assertion of rational legitimation requires a certain amount of time.
Political legalization and political legitimation of state power are associated with the concept of political, state sovereignty.
Sovereignty is inherent in the modern state. The properties of state sovereignty include: absolute power, the supremacy of power in the geographical area where the state is located; the unity and indivisibility of the territory, or territorial integrity; inviolability of territorial borders and non-interference in the internal affairs of another state; provision of the legal system. The state ensures its sovereignty by all means, even by force, if circumstances so require.
A characteristic feature of the state is the presence of tools for the enforcement of policy. The content of the army and the judicial-repressive apparatus is what distinguishes the state from other political organizations. No political organization is capable of declaring and waging war. Only the state can do this. Violence is a method that is unique to the state, that is, it is its monopoly. No other organization, by its very nature, should use violence. Forms of violence are legalized by the state. The monopoly on legitimate violence by the state has limits defined by law.
The strength and power of the state, as well as its power, in modern conditions are not in the ability to use force, but in caring for members of society, creating conditions for their security and self-realization. Abuse of power, deprivation of rights and freedoms is the result of unjustified concentration of state power, incompetence in the use of political force, misunderstanding of the power prerogatives of the state.
As a sovereign, independent entity, the state performs its functions of managing society.
The essential features of the functions of the state are the following:
1) stand the substantive activity of the state in a particular sphere of life;
2) a direct connection between the essence of the state and its social purpose, which is realized through the corresponding functions;
3) the orientation of the functions of the state towards the fulfillment of specific tasks and the achievement of goals arising at each historical stage of the development of society;
4) the exercise of power in certain forms (most often legal) and with the help of special methods inherent exclusively in state power.
The functions of the state are multifaceted, their formation is carried out in the process of formation, strengthening and development of the state. The order in which functions arise depends on the order of tasks facing society. The content of functions changes with the development of the state and society. The functions of the state acquire special specificity during the period of radical social changes, transitional stages, and revolutionary upheavals.
The functions of the state can be classified according to various criteria:
> the principle of separation of powers - legislative, managerial, judicial;
> parties to the action of the state - internal and external;
> spheres of state influence - economic, social, cultural, spiritual, legal, etc.;
> regulation of processes - self-regulation, self-organization, self-government, initiative, etc.;
> zagalnopolitichnymi approaches-providing democracy; general social activity;
> volume of influence - national, maintenance of world order;
> scaling value - major and non-core.
The main state functions of society management are: management of the spheres of social, economic, spiritual life, processes, changes, development that take place in them; regulation of national and international relations; guaranteeing observance of generally binding norms in society; ensuring public order and national security; peacekeeping within the country and participation in world peacemaking. To carry out its functions, the state supports its own reproduction, vital activity and new creation.
The state is an internal structure of organs that act as the main system, manage the affairs of society and ensure the functioning of the state. We are talking about the main system, since parties and public organizations also have their own administrative apparatus. The state apparatus performs functions of national importance.
The system of state bodies in its totality forms the state mechanism. Such a system includes: authorities, state administration bodies, courts, prosecutor's office, bodies serving the activities of the army, police, state security. All state bodies are endowed with powers of authority, embodied in their competence (a set of rights and obligations).
Each state is formed in a certain way, territorially organized and has certain ways of ruling. These primarily include the form of the state as a certain orderly organization and exercise of state power. its elements are: state board - a way of organizing the highest state power;
state structure - the division of the state into certain constituent parts and the distribution of power between these parts;
state regime - a set of methods and means of exercising state power.
Historically, there have been two forms of government, namely: the monarchy and the republic.
Monarchy is a form of government in which power is wholly, partially or nominally owned by one person (king, king, emperor, shah) and is inherited.
As a form of government, the monarchy arose during the period of slavery, and in the Middle Ages it became the main form of government. Full development and changes in the defining qualities of the monarchy acquired for the New Age. The following types of monarchies are historically known: absolute (unlimited), dualistic and parliamentary (constitutional).
An absolute monarchy is a form of government when all power is concentrated in the hands of the monarch, who alone decides all issues of power.
A dualistic monarchy is a form of government in which power functions are divided between the monarch and parliament.
Parliamentary monarchy - a system of omnipotence of parliament, the monarch performs only representative functions.
The second historically known form of government is the republic.
A republic is such an organization of state power, which is carried out by an elected collegial body, which is elected for a certain period by the entire population or part of it. There are presidential and parliamentary republics. There are different approaches to assessing republican forms of government. The advantage of the parliamentary form is that it is seen as a more stable and systemic form of government, which prevents the spread of authoritarianism and other forms of dictatorship. The advantages of a presidential republic are seen in the fact that it more stably ensures the functioning of free power, the guarantor of which is the president. Consider the content of each of them. A presidential republic is a form of government when the head of state (president) alone or with subsequent approval by parliament forms the composition of the government, which he leads with his own hands.
A typical example of a presidential republic is the United States of America. According to the US Constitution, adopted on September 17, 1787, to which 26 amendments have since been made, the president is both the head of government and the state. He is elected by the citizens of the country for four years. The president forms the government. Candidates for key positions are approved by legislative assemblies. The US Congress consists of two chambers: the upper - the Senate and the lower - the House of Representatives. A feature of the structure of this country is that the government is formed by the president in an extra-parliamentary way. The president cannot dissolve parliament. The government is not responsible to him. The president exercises control over the federal administration. Power functions are actually divided between the president and the Congress, between the chambers within the Congress, between the standing committees within the chambers.
The peculiar relationship of the American president with the party that nominated him. He is not a party leader in the European sense. The formal head of the party, the president is not legally it. It is understood that the President of the United States must be outside the parties, their contradictions, interests, conflicts. However, this does not mean that the president neglects the parties. Since the nomination of a candidate for the presidency depends on the party, the president seeks to maintain good relations with its leaders and members, but basically the president appeals to the electorate.
The parliamentary form of government is a form in which the composition and policy of the government are formed exclusively by the parliament, the government is accountable only to it, and the president has no influence on the parliament.
The parliamentary form of government exists in the UK, where the executive branch has a strong position. The party that wins the parliamentary elections becomes the ruling party. She forms the government. The prime minister has broad powers. The government also has great powers.
In the UK, the prime minister receives a mandate from the electorate. He concentrates in his hands the functions of leading the party and the cabinet of ministers, and is responsible to the parliament. In the event of a vote of no confidence or other extraordinary circumstances, the Prime Minister may dissolve Parliament.
A typical example of a parliamentary republic is also the FRG, where all legislative power belongs to the parliament (Bundestag). The president actually performs representative functions, his rights are narrower. The Bundestag forms the government, elects its head - the chancellor. The government is formed from among the deputies of the Bundestag, representing the party factions of the parliamentary majority. Non-Party specialists very rarely enter cabinets.
Classical forms of government - a parliamentary republic, a presidential republic, a constitutional monarchy - are increasingly being replaced by mixed or simply distorted forms. The essence of the latter lies in a varying degree of combination of signs of "pure" parliamentarism, "pure" presidential tours and "parliamentary" monarchy. One way or another, the parliamentary-presidential and presidential-parliamentary republics became the leading forms of government in the republican type, and constitutional and parliamentary in the monarchical type (as opposed to monarchies of an absolutist, monocratic or theocratic nature).
The parliamentary-presidential and presidential-parliamentary forms of government are characterized by a certain dualism. It lies in the fact that the leading executive functions are the prerogative of both the president and the cabinet of ministers, which is responsible to the parliament.
France can serve as an example. Here the president is the key figure. He develops a political and economic strategy for the development of the country. The president relies on a strong bureaucracy. A feature of this form is that a conflict between the president as head of state and the government is possible here.
Any of these forms of government is carried out on the territory of the country, which is organized in a certain way. The state-political structure provides for the administrative organization of the territory. Thus, a mechanism of vertical relations is being formed - between central and local public authorities. Such forms of territorial-administrative organization are historically known: unitarism, federalism, confederalism.
The political system is the administratively and nationally organized territory of the state, as well as the system of relations between central and regional bodies.
A unitary state is a single state entity. The main features of a unitary form of state formation are as follows: a single constitution, the norms of which are applied without any changes throughout the country; a unified system of higher bodies of state power; a unified management system from top to bottom, which is subject to the government; unified legal system; division of the territory into administrative-territorial units that do not have political independence. Emphasizing the "only" in each feature, we note that the degree of centralization in different countries may be different. It depends primarily on the political regime prevailing in the country. Thus, recently in many highly developed countries (Great Britain, France, etc.) there has been a tendency towards decentralization of power, an increase in the role of local bodies, and the development of amateur principles in solving many local problems.
A federation is a form of state structure of a country, which was formed on the basis of the union of state-political utvopen (states, republics, provinces, cantons, lands), which have a legally defined amount of independence in various spheres of public life.
The main features of the federal form of government are: the territory in political and administrative terms is not one; the presence of state entities that have a certain political and legal independence and generally constitute the territory of the state; the subjects of the federation are endowed with constituent power, that is, they are granted the right to adopt their own constitutions; subjects of the federation have the right to issue legislative acts within the established competence; the subject of the federation has its own legal and judicial system; having dual citizenship; bicameral structure of the federal parliament.
Among states with a federal form of structure (USA, Germany, Canada, Mexico, Russia, Brazil, Argentina, Austria, India, Australia, etc. In states such as Russia and India, territorial-political and territorial-national principles are combined. countries reigns territorial-political principle of government.
Federations can be built on a treaty and on a constitutional basis.
Treaty federation - such associations of states that, according to the agreement, have delegated a number of their powers to the central federal government and, if desired, can terminate this agreement at any time.
A constitutional federation is a form of association in which the powers of the center and local state-political entities are constitutionally determined, and power is shared between them.
The constitutional federation does not provide for the right of the subjects of the federation to withdraw from it. In the case when the desire to exit is implemented by forceful methods, such actions lead to disintegration, the collapse of the federation and other negative consequences. An example of this is the collapse of the USSR, Yugoslavia, Czechoslovakia. In these countries, the political-territorial division was associated with the national-territorial.
Federation as a form of government has always been the subject of discussion on the sovereignty of the federation and subjects of the federation. The problem lies in the degree, the volume of divisibility of sovereignty. The federal government concentrates in its hands activities related to defense, state security, its foreign relations, finances, organization of labor, social protection of the population, etc. Local authorities are empowered to organize local life. The supremacy in the distribution of competence (rights and duties) remains with the federal constitution and legislation. Constitutional and other local legislation must comply with the federal one.
A more complex form of federation is a confederation. A confederation is a state-legal association, a union of sovereign states, created with the aim of coordinating actions to achieve certain goals defined at a given historical moment. Most often these are foreign policy, military goals. In contrast to the federation, the confederation does not have a center that makes binding power decisions in relation to the subjects of the federation. Switzerland is an example of a confederation. Confederation is a less stable form of government. Confederations either break up or turn into a federation. Even Switzerland, where a confederate form has existed since the 13th century, in the 20th - early 21st century. more and more towards federation.
For any device, the state achieves high rates of its development where the principles of democracy, the legal and social content of the state are optimally combined and interact. The political nature of the state organization determines to a large extent the political nature of law, which is personified in the law. It is in the law that the fact of the chosen policy is fixed.
Modern world transformations have brought to life the need to revise the relationship between state and law, which for decades was the ideological justification of the totalitarian regime in many countries of the world. Thus, law was considered as a product, an instrument, the main instrument of the state, with the help of which it carried out coercion, trying to ensure order in the country. Law, in accordance with the socialist normative concept of law, was a system of norms established and sanctioned by the state aimed at regulating social relations. So, the approach scheme was as follows: the state is primary, law is secondary, that is, law is the result of the creation of the state itself, its expression of will.
The overcoming of totalitarianism brought to life new approaches to understanding the relationship between law and the state. Their essence lies in the fact that law is primary, and the state is secondary. The right has not a state origin, but a social one, since it is connected with the activities of people. People are the source of law. It is a person with his needs and interests, way of life that is the source and bearer of law. Thus, law has a social, human, and not a state origin. It is a product of normal human activity. Therefore, if we consider it only in relation to the state and consider it a product of state activity, then the historical result of such a process will be stateization, bureaucratization of a person as a cog in a large state machine. In connection with this approach, the place and role of branches of law is being reviewed. The main place is given primarily to private (including civil) law, while other branches play an auxiliary role relative to private law and are aimed at its provision and implementation.
The right is embodied in the legislation of the state.
The process of creating a rule of law state is associated with the awareness of the desire of citizens for freedom, for curbing the monster nation, for the primacy of law over the state, for ensuring rights and freedoms. The Germans in the concept of "legal statehood" (this word means "lawful state" in German) focus on a negative attitude towards revolutionary ideas regarding the state, on the recognition of the evolutionary path of development of society, on the dominance of the constitutional foundations of "legal statehood".
World civilization has accumulated extensive experience in the theory and practice of the rule of law. In the words of the former French President F. Mitterrand, the rule of law is a system of democratic values and legal foundations consecrated by European culture. The history of the Ukrainian people on this occasion should testify to the world one of its pages.
The creation of the Ukrainian state has passed an extremely difficult historical path. After the collapse of Kievan Rus and the capture of the Galicia-Volyn principality by the Polish-Lithuanian feudal lords, the development of Ukrainian statehood was interrupted for a long time. Only in the second half of the XVII century. part of the Ukrainian lands inhabited by Ukrainians was united into a state under the control of Bohdan Khmelnitsky. In order to establish itself in the difficult international situation of that time, the newly formed state entered into a military-political alliance with Russia. Subsequently, the agreement was violated by Russian tsarism. Ukraine was deprived of state independence and turned into a "Little Russian province." Having eliminated the people's rights, the democratic Cossack republic - the Zaporozhian Sich, which was too sharp a contrast to Russian absolutism, Catherine II transported the hetman's symbols to St. Petersburg. At that time, socio-political thought in Ukraine hatched projects of an independent state. The Ukrainian hetman in exile Pylyp Orlyk developed the first democratic constitution in Ukraine "Pacts and the Constitution of the Rights and Liberties of the Zaporizhian Army", its text was announced on May 5, 1710 at the Celebrations on the occasion of the election of Pylyp Orlyk as hetman. The constitution is imbued with a liberal and democratic spirit, which puts it among the most interesting sights of European political thought of that time.
The Constitution of Pylyp Orlyk determined the borders of the Ukrainian state, provided for the establishment of national sovereignty, ensuring human rights, recognizing the inviolability of the components and factors of a legal society, namely: the unity and interaction of the legislative (elected General Council), executive (the hetman, whose actions are limited by law, the general foreman and elected representatives from each regiment) and the judiciary, accountable and controlled. Install
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The state is a political organization of society that has an apparatus of power.
The state serves society, solves the tasks facing society as a whole, as well as tasks that reflect the interests of individual social groups, territorial communities of the country's population. The solution of these problems of the organization and life of society is the expression of the social purpose of the state. Changes in the life of the country, society, for example, industrialization, urbanization, population growth, put forward new tasks for the state in the field of social policy, in developing measures to organize the life of society in new conditions.
Among the most important tasks, in the resolution of which the social purpose of the state is expressed, is ensuring the integrity of society, fair cooperation of various social groups, timely overcoming of acute contradictions in the life of society and its constituent communities and groups.
The social purpose and active role of the state are expressed in ensuring a stable social order, scientifically based use of nature, in protecting the environment of human life and activity. And the most important thing in describing the social purpose of the state is to ensure a decent human life, the well-being of the people.
The ideas of the social purpose of the state were concretized and developed in the concept (theory) of the "welfare state". Provisions on the welfare state are enshrined in a number of constitutions of democratic states.
The democratic welfare state is called upon to provide all citizens with constitutional rights and freedoms. Ensure not only material well-being, but also cultural rights and freedoms. A welfare state is a country with a developed culture. The International Covenant on Economic, Social and Cultural Rights, adopted on December 16, 1966, states that the ideal of a free human being, free from fear and want, can only be realized if conditions are created under which everyone can enjoy his economic , social and cultural rights, as well as civil and political rights.
In modern conditions in Russia, the urgent tasks in the social policy of the state are to ensure the right to work and measures to overcome unemployment, labor protection, improve its organization and payment. It is necessary to multiply and improve measures to strengthen and state support for the family, motherhood and childhood. Social policy needs to stimulate assistance to the elderly and the disabled, to strengthen health care and other social institutions and services. The great tasks of the state's social policy are in the field of regulating the demographic processes of society, stimulating the birth rate, and raising the role of women in the life of the state's society.
(V.D. Popkov)
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The correct answer must contain the following elements:
1) the answer to the first question: the political organization of society, which has a power apparatus;
2) the answer to the second question: a system of institutions that has supreme power in a certain territory.
Elements of the answer can be given in other formulations that are close in meaning.
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State, the main instrument of political power in a class society. In a broader sense, government is understood as a political form of organizing the life of society, which develops as a result of the emergence and activity of public power - a special control system that governs the main areas of public life and, if necessary, relies on the force of coercion. Since the state is based on the territorial principle, this term is sometimes inaccurately used as a synonym for the concept of "country". Various types of government are known - slave-owning, feudal, bourgeois, socialist; various forms of organization G. - monarchy, republic.
The main features of G.: 1) the presence of a special system of organs and institutions that together form the mechanism of G. 2) the existence of law, that is, mandatory rules of conduct established or sanctioned by G. With the help of law, G., as political power, fixes a certain order of social relations, as well as the structure and procedure for the operation of the state mechanism; 3) the presence of a certain territory, within which the given state power is limited. Acting as a territorial organization, Georgia actively contributed to the formation of nations.
G. - the main, but not the only political institution of class society; along with the government in a developed society, there are various parties, unions, religious associations, etc., which, together with the government, form the political organization of society. G. differs from other political institutions of class society in that it holds the highest power in society (sovereignty of state power). The supremacy of state power is concretely expressed in universality (its power extends to the entire population and public organizations of a given country), prerogatives (state power can cancel any manifestation of any other public power), and also in the presence of such means of influence that no other public power does not have (for example, monopoly of legislation, justice).
G. is a social phenomenon limited by certain historical boundaries. The primitive communal system did not know G. It arises as a result of the social division of labor, the emergence of private property, and the split of society into classes. In order to protect their privileges and consolidate the system of exploitation, the economically dominant classes need a special power mechanism of political domination, which was precisely the state and his apparatus. With the advent of government, this mechanism no longer coincides with society, as if it stands above it and is maintained at the expense of society (taxes, fees). No matter how different the historical forms of government, state power, and organization of the government apparatus, its essence, the nature of its relations with society, is the political power of the ruling class (the dictatorship of the class). The classes that own the means of production become politically dominant with the help of the state and thereby consolidate their economic and social dominance and the leading role within the given society and in its relations with other states and countries.
G., thus, is ultimately determined by the nature of production relations and the mode of production as a whole. In the course of history, G. acquires independence. Its independent impact on the main spheres of social life, historical and social processes is very significant and is carried out in different directions, i.e. G. can contribute to the development of social relations or, conversely, slow it down. As the state-organized society becomes more complex, the role of this influence increases.
44.Functions of the state. The concept of political power. Forms of power.
State- this is a system of organs of society that ensures an organized internal legal life of the people as a whole, protects the rights of its citizens, carries out the normal functioning of the institutions of power - legislative, judicial and executive, controls its territory, protects its people from an external threat, guarantees the fulfillment of obligations to others states, preserves the natural environment and cultural values, contributing to the survival of society and its progress. Signs: 1) Separation of public authorities from society, 2) Territory bounded by a clearly defined border, 3) Sovereignty, 4) The right to levy taxes and fees from the population, 5) Mandatory citizenship. Functions of the state (internal): 1) Political
2) Economic
3) Social
4) Ideological
5) Cultural and educational
6) Environmental
7) Protection of the rights of citizens (According to lectures: 1 Regulation of relative between layers, 2 Management of the general affairs of citizens living in a given territory and organizing in a state, functions are carried out through tasks 1-7)
1) Border protection
2) Integration into the world economy
3) Protection of international security
Politics - represents participation in the affairs of the state, in determining the direction
its functioning, in determining the forms, tasks and content of activities
states. The aim of the policy is to maintain or create the most acceptable
for certain social strata or classes, as well as society as a whole conditions and
ways to exercise power. Political power is a fine art
government controlled. It is a collection of elements
who are officially recognized executors of political power (the state apparatus,
political parties, movements, trade unions). These are the main elements of an extensive mechanism, with
through which political power is exercised in society.
Power- it is always the organized will and power of any subjects, aimed at
people, regardless of their attitudes regarding such influence.
There are monarchical and republican forms of government. Monarchy- This
a state headed by a monarch; there is an autocratic or
limited power of one person (king, king, emperor), which is usually
is inherited and birth determines who will be the ruler. Republic -
a form of government exercised by elected bodies, i.e. legal source
the popular majority is in power. The republic presupposes a legal order,
publicity and separation of powers.
Oligarchy - form of government in which state power is vested in
a small group of people, usually the most economically powerful.
Despotism- a form of government and government in which the autocratic
the ruler unlimitedly disposes of the state, acting in relation to
subjects as lord and master.
Democracy- state form in which the supreme power belongs to everything
Theocracy- a form of state in which both political and spiritual power
concentrated in the hands of the clergy (church).
45 Political and legal consciousness, their role in the life of society.
Political consciousness arose in antiquity as a response to a real need to comprehend such new phenomena as the state and state power, a cat. first arose with the split of society into anthological classes. Since the social division of labor leads to the emergence of classes, and hence to sharp differences in the conditions of their lives and activities, it becomes necessary to maintain the existing class structure through state power, a cat. most often, naturally expresses the interests of the ruling class. Thus, political consciousness is a reflection of the production, economic and social relations of classes in their total relation to state power. In this conditioning by immediate economic and class interests lies the specificity of political consciousness. The structure of state power is the central problem of political thinking. The political struggle to determine the structure, tasks and content of the state's activities has historically taken on forms of various quality, ranging from open discussion of social problems, from parliamentary discussions and economic demands leading to private reforms, and ending with violent coups d'état, social revolutions.
(2var) It is political interests that are most often the core of all socially active associations, and even more so, social clashes. Not only the socio-political, but also the spiritual life of society is dependent on political interests.
Until classes disappear (=the problem of state power), all aspirations of the human spirit will be drawn consciously or forcibly into political contradictions. Legal consciousness- this is the form of public consciousness in which knowledge and assessment of the normative socio-economic activities of various subjects of law (individual, enterprise, labor collectives, organizations, officials, etc.) accepted in a given society as legal laws are expressed. Legal consciousness as if intermediate between political and moral consciousness. If the political consciousness is formed depending on the objective socio-economic interests. then legal consciousness is more oriented towards rational and moral assessments.
The inner closeness of legal consciousness with rational and moral categories has historical reasons. In a classless primitive society with its mythological worldview, laws were seen as a moral tradition, they "were in the form of institutions sanctioned by the gods" (Hegel).
The legal consciousness of society is always support for the very idea of regulated relations between the individual and the state, a cat. recognized as necessary to sustain society against the forces of anarchy. cat. must be known and observed, but cannot be considered absolute, that is, free from critical evaluation. Political and legal consciousness exist both at the social-practical and theoretical levels.
Each of these aspects deserves attention. Indeed, the understanding of the state as an organization of political power emphasizes that it stands out among other subjects of the political system with special qualities, is an official form of organization of power, and the only organization of political power that controls the entire society. At the same time, political power is one of the hallmarks of a state. Therefore, it is inappropriate to reduce the concept of the state to it.
From the outside, the state acts as a mechanism for exercising power and managing society, as an apparatus of power. Consideration of the state through the direct embodiment of political power in the apparatus, the system of organs - also does not fully reveal its concept. This consideration does not take into account the activities of the system of local governments and others.
The state is a special political reality. Revealing the content of the concept of the state, it should be brought under such a generic concept as a political organization. If the state before the middle of the 19th century can be defined as the political organization of the ruling class, then the later, and especially modern, state is the political organization of the whole society. The state becomes not just a power based on coercion, but an integral organization of society, which expresses and protects individual, group and public interests, ensures organization in the country on the basis of economic and spiritual factors, implements the main thing that civilization gives people - democracy, economic freedom. , the freedom of an autonomous individual.
The main approaches to the definition of the concept of the state
Political and legal - representatives of this approach take the organizational aspect of the state as a basis and consider it as a special specific organization of public power expressed in the system of state bodies.
Sociological - within the framework of which the state is an organization of all members of society, which are united into a single whole with the help of political, managerial processes and relations.
The state is a sovereign, political-territorial organization of public power, which manages society and has for this apparatus, enforcement agencies and a system of legislation and taxation.
State signs:
1. The state presupposes the existence of a certain territory, i.e. a section of the earth's surface delineated by boundaries, on which it exercises its power. The territory of the state includes land, subsoil, airspace, water. The territory of the state is recognized as the territory of diplomatic missions, the territory of military, air and sea vessels, wherever they are, civil air and sea vessels located in neutral waters. The territory of spaceships is also recognized as the territory of the state.
2. The state implies the population, which includes people living in the territory of this state. The legal connection between the state and the population is carried out through the institution of citizenship (citizenship). The creation of this connection is a set of mutual rights, duties and responsibilities.
3. The state is distinguished by the presence of public authority, separated from the people. This power is represented by the state apparatus, i.e. system of state bodies that exercise this power.
4. The state assumes the existence of a system of taxes and fees, i.e. gratuitous obligatory payments in favor of the state, on the basis of which the material and financial base of the state's activities is formed. The sum of revenues and expenditures constitutes the state budget.
5. The state has a monopoly (exclusive) right (opportunity) to issue binding and executive decisions that can act either in the form of regulatory shields (laws, by-laws) or in the form of individual acts (court sentences, decisions of administrative bodies).
6. Only the state has armed formations and compulsory institutions (army, police, prison). Armed formations are one of the most important factors in ensuring effective power. They perform the function of legalized coercion, for which they have the appropriate means.
7. Only the state is the representative of the whole society. It personifies society and acts on its behalf.
The state has a special political and legal property - sovereignty. Sovereignty consists in the supremacy of state power within the country and the independence of the state outside it.
The signs of sovereignty are:
independence- the ability to independently make decisions within the country and outside, subject to the norms of national and international law;
completeness(in other words: universality) - the extension of state power to all spheres of public life, to the entire population and public organizations of the country;
indivisibility the authorities of the state within its territory - the unity of power as a whole and only its functional division into branches of power: legislative, executive, judicial; direct implementation of government decrees through their channels;
independence during foreign relations - the ability to independently make decisions outside the country, while respecting the norms of international law and respecting the sovereignty of other countries,
equality in foreign relations - the presence in international relations of such rights and obligations as in other countries.
inalienability- the impossibility of arbitrary alienation of legitimate and legal power, only the existence of a legally enshrined opportunity to delegate the sovereign rights of the state to local governments (in a unitary state), subjects of the federation and local governments (in a federal state),
Any state has sovereignty, regardless of the size of their territory, population, form of government and structure. State sovereignty is a basic principle of international law. It has found its expression in the UN Charter and other international legal documents.
8. has formal details - official symbols: flag, coat of arms, anthem.
Thus, The state is a sovereign political and territorial organization of society that has power, which is exercised by the state apparatus on the basis of legal norms that ensure the protection and coordination of public, group, individual interests, relying, if necessary, on legal coercion.
State- is a sovereign, political-territorial organization of public authority, which manages society and has for this purpose the administrative apparatus, enforcement agencies and the system of legislation and taxation.
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