State: concept and main features. Origin of the term "state" Foreign state definition

State - an organization of political power that governs society and ensures order and stability in it.

Main signs of the state are: the presence of a certain territory, sovereignty, a broad social base, a monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbols.

The state fulfills internal functions, among which are economic, stabilization, coordination, social, etc. There are also external functions, the most important of which are ensuring defense and establishing international cooperation.

By form of government states are divided into monarchies (constitutional and absolute) and republics (parliamentary, presidential and mixed). Depending on the forms of government There are unitary states, federations and confederations.

State

State - this is a special organization of political power that has a special apparatus (mechanism) for managing society to ensure its normal functioning.

IN historical In terms of plan, the state can be defined as a social organization that has ultimate power over all people living within the boundaries of a certain territory, and whose main goal is to solve common problems and ensure the common good while maintaining, first of all, order.

IN structural In terms of government, the state appears as an extensive network of institutions and organizations representing three branches of government: legislative, executive and judicial.

Government is sovereign, i.e. supreme, in relation to all organizations and individuals within the country, as well as independent, independent in relation to other states. The state is the official representative of the entire society, all its members, called citizens.

Loans collected from the population and received from them are used to maintain the state apparatus of power.

The state is a universal organization, distinguished by a number of unparalleled attributes and characteristics.

Signs of the state

• Coercion - state coercion is primary and has priority over the right to coerce other entities within a given state and is carried out by specialized bodies in situations determined by law.
• Sovereignty - the state has the highest and unlimited power in relation to all individuals and organizations operating within its historical boundaries.
• Universality - the state acts on behalf of the entire society and extends its power to the entire territory.

Signs of the state are the territorial organization of the population, state sovereignty, tax collection, lawmaking. The state subjugates the entire population living in a certain territory, regardless of administrative-territorial division.

Attributes of the state

• Territory is defined by the boundaries separating the spheres of sovereignty of individual states.
• The population is the subjects of the state, over whom its power extends and under whose protection they are.
• The apparatus is a system of organs and the presence of a special “class of officials” through which the state functions and develops. The publication of laws and regulations that are binding on the entire population of a given state is carried out by the state legislative body.

Concept of state

The state appears at a certain stage of development of society as a political organization, as an institution of power and management of society. There are two main concepts of the emergence of the state. In accordance with the first concept, the state arises in the course of the natural development of society and the conclusion of an agreement between citizens and rulers (T. Hobbes, J. Locke). The second concept goes back to the ideas of Plato. She rejects the first and insists that the state arises as a result of the conquest (conquest) by a relatively small group of warlike and organized people (tribe, race) of a significantly larger but less organized population (D. Hume, F. Nietzsche). Obviously, in the history of mankind, both the first and second methods of the emergence of the state took place.

As already mentioned, at first the state was the only political organization in society. Subsequently, during the development of the political system of society, other political organizations (parties, movements, blocs, etc.) arise.

The term "state" is usually used in a broad and narrow sense.

In a broad sense the state is identified with society, with a certain country. For example, we say: “states that are members of the UN”, “states that are members of NATO”, “the state of India”. In the examples given, the state refers to entire countries along with their peoples living in a certain territory. This idea of ​​the state dominated in antiquity and the Middle Ages.

In the narrow sense the state is understood as one of the institutions of the political system that has supreme power in society. This understanding of the role and place of the state is justified during the period of formation of the institutions of civil society (XVIII - XIX centuries), when the political system and social structure of society become more complex, there is a need to separate the actual state institutions and institutions from society and other non-state institutions of the political system.

The state is the main socio-political institution of society, the core of the political system. Possessing sovereign power in society, it controls the lives of people, regulates relations between various social strata and classes, and 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, the judicial system, public order and state security bodies, armed forces, etc. All this allows the state to perform not only the functions of managing society, but also the functions of coercion (institutionalized violence) in relation to both individual citizens and large social communities (classes, estates, nations). Thus, during the years of Soviet power in the USSR, many classes and estates were virtually destroyed (bourgeoisie, merchant class, wealthy peasantry, etc.), entire peoples were subjected to political repression (Chechens, Ingush, Crimean Tatars, Germans, etc.).

Signs of the state

The state is recognized as the main subject of political activity. WITH functional point of view, the state is the leading political institution that manages society and ensures order and stability in it. WITH organizational point of view, the state is an organization of political power that enters into relations with other subjects of political activity (for example, citizens). In this understanding, the state is seen as a set of political institutions (courts, social security system, army, bureaucracy, local authorities, etc.) responsible for organizing social life and financed by society.

Signs that distinguish the state from other subjects of political activity are as follows:

Availability of a certain territory— the jurisdiction of a state (the right to hold court and resolve legal issues) is determined by its territorial borders. Within these boundaries, the power of the state extends to all members of society (both those who have citizenship of the country and those who do not);

Sovereignty- the state is completely independent in internal affairs and in conducting foreign policy;

Variety of resources used— the state accumulates the main power resources (economic, social, spiritual, etc.) to exercise its powers;

Striving to represent the interests of the entire society - the state acts on behalf of the whole society, and not individuals or social groups;

Monopoly on legitimate violence- the state has the right to use force to enforce laws and punish their violators;

Right to collect taxes- the state establishes and collects various taxes and fees from the population, which are used to finance government agencies and solving various management problems;

Public nature of power- the state ensures the protection of public interests, not private ones. When implementing public policy, there are usually no personal relationships between the authorities and citizens;

Availability of symbols- the state has its own signs of statehood - a flag, coat of arms, anthem, special symbols and attributes of power (for example, a crown, a scepter and an orb in some monarchies), etc.

In a number of contexts, the concept of “state” is perceived as close in meaning to the concepts of “country”, “society”, “government”, but this is not so.

A country— the concept is primarily cultural and geographical. This term is usually used when talking about area, climate, natural areas, population, nationalities, religions, etc. The state is a political concept and denotes the political organization of that other country - its form of government and structure, political regime, etc.

Society- a concept broader than the state. For example, a society can be above the state (society as all of humanity) or pre-state (such as a tribe and a primitive clan). At the present stage, the concepts of society and state also do not coincide: public power (say, a layer of professional managers) is relatively independent and isolated from the rest of society.

Government - only part of the state, its highest administrative and executive body, an instrument for the exercise of political power. The state is a stable institution, while governments come and go.

General characteristics of the state

Despite all the diversity of types and forms of state formations that arose earlier and currently exist, we can highlight general signs, which to one degree or another are characteristic of any state. In our opinion, these signs were presented most fully and convincingly by V.P. Pugachev.

These signs include the following:

• public power, separated from society and not coinciding with social organization; the presence of a special layer of people exercising political control of society;
• a certain territory (political space), delineated by borders, to which the laws and powers of the state apply;
• sovereignty - supreme power over all citizens living in a certain territory, their institutions and organizations;
• monopoly on the legal use of force. Only the state has “legal” grounds for limiting the rights and freedoms of citizens and even depriving them of their lives. For these purposes, it has special power structures: army, police, courts, prisons, etc. P.;
• the right to collect taxes and fees from the population that are necessary for the maintenance of government bodies and material support of state policy: defense, economic, social, etc.;
• mandatory membership in the state. A person acquires citizenship from the moment of birth. Unlike membership in a party or other organizations, citizenship is a necessary attribute of any person;
• a claim to represent the entire society as a whole and to protect common interests and goals. In reality, no state or other organization is able to fully reflect the interests of all social groups, classes and individual citizens of society.

All functions of the state can be divided into two main types: internal and external.

By doing internal functions The activities of the state are aimed at managing society, at coordinating the interests of various social strata and classes, and at preserving their powers of power. Carrying out external functions, the state acts as a subject of international relations, representing a certain people, territory and sovereign power.

There are a lot of definitions of such a concept as “state”.

Scientists have spent many centuries forming the correct explanation, although there is still no single meaning.

The power is responsible for ensuring the people's welfare and maintaining internal order.

In contact with

• This public organization united by a common culture, language, customs and traditions. This society is located on a certain territory, has internal and external sovereignty, and a system of self-government.
• A political-social organization that exists to regulate relations between the population.
• The core of a social and political system that governs people's lives and regulates their relationships.
• A country together with its population living on its territory.
• A form of organization of a social system based on mechanisms of coercion and control. It establishes the order of legal relations and has sovereignty.

Signs of the state

Scientists identify several of the following signs:

Origin theories

There are several theories about the origin of powers, but none of them can be considered the only correct one. There are many reasons for the emergence of such an entity as a state. The countries of the Ancient East were the first to emerge - now these are the territories of modern Egypt, Iran, China and India.

The most famous theories:

• Theological - based on religion. This theory is based on the creation of a state by the will of God. The people believed that emperors - the rulers of countries - received their power directly by God's will.
• Patriarchal - it is based on the family. It is believed that the country is formed from the family, and the power of the government is based on the power of the head of the family - the father. Since people can only exist in a group, they strive to create a family. The growth of families led to the formation of the state. Just as the father is at the head of the entire family, so the patriarch rules his subjects.
• The theory of violence is associated with political and military factors. According to this doctrine, countries are formed not because of the socio-economic development of peoples, but because of wars. Conquest and enslavement of tribes, violence led to the creation of countries.
• Social contract theory - the state was founded by agreement between people. In this case, the population partially renounces its interests in favor of the country, which will ensure its rights with the help of power.
• Materialist theory - associated with the division of society into classes. After the advent of private property, the population began to be divided into estates and classes, between which contradictions arose. The state arose as a force that controls the life of classes and resolves emerging conflicts.
• Racial theory states that countries were formed as a result of the division of people into groups based on race: language, skin color, traditions, customs. In recent years, this theory has been considered pseudoscientific and identified with racism.
• Organic - based on a comparison of the state with the organism. A country, like any living creature, is born, develops, ages and dies.
• Irrigation theory. It is based on the introduction of irrigation agriculture, which was used in areas with arid climates. In this regard, there is a need to organize the work of teams, which leads to the emergence of a ruling elite. The first states based on this theory were formed in the east.

Government functions

Any state carries out activities related to sovereign power.

Ancient countries performed several functions related to managing society and the economy, protecting the territory and their own borders from enemy attacks, protecting the ruling elite and suppressing the rebellion of subordinates. Modern sovereign territories perform many more functions.

The main function of each country is to ensure comfortable and safe living for the population on its territory. Other functions of the state are divided into internal and external.

Domestic

• Political - ensures the implementation of tasks for the development of the population, political stability on the world map.
• Legal - a power establishes legal norms and laws with the help of which it regulates relations between the population and ensures the protection of the rights and freedoms of every citizen.
• Educational means ensuring equal access for the entire population to educational opportunities.
• Organizational - control of the activities of all subjects of political power, regulation of laws, streamlining of power within the country.
• Cultural - responsible for the spiritual development of the people, guarantees free access to the information space to satisfy the cultural needs of the population.
• Economic - creation and operation of credit and tax policies, coordination of economic processes, control of tax payments and material support for citizens.
• Ecological - a function that provides the population with a healthy living environment and establishes rules for the use of natural resources.
• Social - ensuring equality between different classes of the population, protecting those categories of people who themselves cannot guarantee a normal existence. This function is responsible for solidary relations within society.

External

• The function of beneficial cooperation is that any state cooperates with other countries in the economic, cultural, social and political spheres in such a way that the benefits are mutual.
• Ensuring national security - the government is responsible for the safety of the territory of the state, guarantees its safety and the safety of the lives of the population, and maintains the required level of military defense of the country.
• The function of maintaining world order - each country participates in the organization and development of international relations, solving global world problems. States carry out activities that relate to reducing the number of military conflicts.
• Foreign policy function - diplomatic relations are developed between all countries, international agreements and treaties are concluded. Powers participate in world organizations.

In history, the state as a term is explained as a social organization that had infinite power over the population living within the boundaries of its territory. The state is responsible for ensuring the people's welfare and internal order.

What is characteristic of any state? In every country, power is divided into three branches: judicial, legislative and executive. The government is supreme over all organizations and citizens of the country; it is independent and independent among other powers. It is the power that represents the interests of its people on the world political map.

Brief description of the characteristics of state power:

• Sovereignty - the country has unlimited power over the population and organizations that operate within state borders.
• Coercion - within a country, government authorities have the right to force subjects to comply with laws and regulations. If necessary, the activities of specialized bodies are applied in accordance with established legislation.
• Universality - this word means that the power of a power extends over its entire territory and acts on behalf of the people.

States are considered recognized if they are members of the United Nations or have the opportunity to become members. Today, there are more than two hundred such countries in the table of all powers.

The remaining territories cannot be recognized by states for the following reasons:

The power as a political institution ensures a safe life for the population, and as an organizational structure it enters into relationships with other political entities. The composition of the state - social security systems for citizens, courts, army, local governments - are financed by the population of the country through taxation and are responsible for organizing the social life of the people. read on our website.

Main functions (tasks of the state) External Participation in decisions global problems Ensuring national security Development of mutually beneficial cooperation Upholding state interests in international relations Internal Economic Social Ensuring democracy Protection of the constitutional system Ensuring law and order and legality Consolidation of society Environmental

Form of government Monarchy is a form of government in which supreme state power is concentrated in the hands of one person - the monarch (head of state) and is inherited. Republic is a form of government in which supreme state power belongs to government bodies elected for a certain period of time.

The most ancient form of government is monarchy. Before the beginning of modern times, the vast majority of states were monarchical. At the end of the XVIII - XX centuries. Many monarchies gave way to a republican form of government. Majority European countries today they are republics.

Monarchy (from the Greek monarchia - autocracy, autocracy) is a form of government in which the supreme state power is fully or partially concentrated in the hands of one person - the monarch (head of state) - and is inherited. The inheritance system is personal - the throne is inherited by a specific person predetermined by law. family - the monarch is chosen by the reigning family itself or the reigning monarch, but only from persons belonging to a given dynasty

Monarchy Absolute (unlimited) monarchy All power - legislative, executive, judicial - is concentrated in the hands of the monarch, and its origin is recognized as divine Limited (constitutional, parliamentary) monarchy The power of the hereditary monarch is limited by the constitution of the country or some representative body, most often the parliament of Bahrain , Qatar, Kuwait, Oman, Saudi Arabia and others. Belgium, Great Britain, Denmark, Spain, the Netherlands, Japan, etc. Dual monarchy A transitional form of monarchy in which the power of the monarch is limited by parliament in the legislative field Jordan, Morocco, Nepal

Atypical monarchies Elective monarchy in Malaysia (the king is elected for 5 years from among the hereditary sultans of 9 states) Collective in the UAE (the powers of the monarch belong to the Council of Emirs) Patriarchal monarchy in Swaziland (the king is the leader of the tribe) Theocracy - a form of monarchy in which the highest political and spiritual power is concentrated in the hands of the clergy, and the head of the church is also the secular head of state (Vatican City, Saudi Arabia, Brunei)

Types of monarchies and their characteristics Line of comparison Parliamentary (constitutional) Absolute Dualistic 1. Legislative power belongs to the Monarch Divided between the monarch and parliament to Parliament 2. Exercising executive power Monarch Formally - the monarch, in fact - the government 3. Appointment of the head of government Monarch Formally - the monarch, but taking into account parliamentary elections 4. Responsibility of the government Monarch To parliament

Types of monarchies and their characteristics Line of comparison Absolute Dualistic Parliamentary (constitutional) 5. The right to dissolve parliament -- (there is no parliament) The monarch (unlimited) The monarch (on the recommendation of the government 6. The monarch's right of veto on parliamentary decisions -- Absolute veto Provided for, but not used 7. Extraordinary fiat legislation of the monarch Unlimited (the decree of the monarch has the force of law) Only during the period between sessions of parliament Provided for, but not used 8. Modern states Bahrain, Qatar, Kuwait, Oman, Saudi Arabia Jordan, Morocco, Nepal Belgium, UK, Denmark, Spain, Netherlands, Japan

Presidential The President is endowed with great power: he combines the functions of head of state and head of government, forms the government; elected by direct vote and by all citizens Parliamentary The leading authority is elected by citizens, the parliament forms the government, reporting to it Mixed semi-presidential The power of the president is significant, but the formation of the government takes place with the participation of parliament Republic of the USA, Latin American countries, Portugal India, Italy, Germany, Switzerland, Hungary Austria, Russia, France

Differences between parliamentary and presidential republics Presidential Parliamentary Mixed President (head of state) is elected by the population President (head of state) is elected and controlled by parliament President (head of state) elected by the population Head of government - president Head of government - prime minister (key role in governance) Head of government - prime minister -Minister The government is appointed by the president The government is formed by parliament The government is appointed by the president The government is responsible to the president The government is responsible to parliament

Government system Federation is a form of government system in which territorial units have independence. A confederation is a union of states. A unitary state is a form of government in which territorial units do not have political independence

Government structure Federative (federation) Confederative (confederation) Unitary Brazil, Germany, India, Mexico, Russia, USA, Switzerland, etc. Commonwealth of Independent States (CIS), European Union (EU) Great Britain, Hungary, Greece, Denmark, Spain, Italy , France, Sweden, etc.

Federation (from Latin foedus - union, agreement) A stable union of administrative-territorial units (states, lands, republics), independent within the limits of powers distributed between them and the center, having their own legislative, executive and judicial bodies and, as a rule, a constitution, Often citizens of federal subjects have the right to dual citizenship

Unitary state (from the French unitare - single) A single politically homogeneous organization consisting of administrative-territorial units (governments, territories, provinces) that do not have their own statehood. There is a single constitution, a system of supreme bodies of state power, administration, and a judicial system

Confederation (from Latin confoederatio - union, community) A permanent union of independent states for the implementation of common specific goals. Its members fully retain state sovereignty, have the right of free exit and transfer to the union the solution of a limited range of issues, most often in the defense field, in the field of foreign policy, transport, communications, and the monetary system

1. Definition of the state and its characteristics.

2. Basic concepts of the origin of the state.

3. Types and forms of the state. Form of government and government structure.

4. Characteristic features of the rule of law.

Definition of the state and its characteristics.

A state is a special organization of society, united by common social and cultural interests, occupying a certain territory, having its own management system, security system and possessing internal and external sovereignty.

The term is commonly used in legal, political as well as social contexts. Currently, all the land on planet Earth, with the exception of Antarctica and the adjacent islands, is divided between approximately two hundred states.

Compared to a community, which is a simple (unorganized) society, the state contains a social class (or classes), the professional occupation of which (or which) is the management of common affairs (in a communal structure, each community member is involved in the management of such).

Neither in science nor in international law there is a single and generally accepted definition of the concept of “state”. Still, we will try to give clear definitions in these areas.

Definition of a state in international law.

As of 2005, there is no legal definition of a state recognized by all countries in the world. The largest international organization, the UN, does not have the power to determine whether something is a state. “Recognition of a new state or government is an act that only states and governments can commit or refuse to commit. As a rule, it means a willingness to establish diplomatic relations. The United Nations is not a state or a government, and therefore has no power to recognize any state or government."

One of the few documents defining a “state” in international law is the Montevideo Convention, signed in 1933 by only a few American states.

Definition of the state in science

The explanatory dictionary of the Russian language by Ozhegov and Shvedova gives two meanings: “1. The main political organization of society, carrying out its management, protection of its economic and social structure" and "2. A country governed by a political organization that protects its economic and social structure."

“The state is a specialized and concentrated force for maintaining order. A state is an institution or a series of institutions whose main task (regardless of all other tasks) is to maintain order. The state exists where specialized agencies for maintaining order, such as the police and the judiciary, have been separated from other spheres of public life. They are the state” (Gellner E. 1991. Nations and nationalism / Translated from English - M.: Progress. P.28).

“The state is a special, fairly stable political unit, representing an organization of power and administration separated from the population and claiming the supreme right to govern (demand the implementation of actions) certain territory and population, regardless of the latter’s consent; having the strength and means to implement its claims” (Grinin L. E. 1997. Formations and civilizations: socio-political, ethnic and spiritual aspects of the sociology of history // Philosophy and Society. No. 5. P. 20).

“The state is an independent centralized socio-political organization for regulating social relations. It exists in a complex, stratified society, located in a certain territory and consisting of two main strata - the rulers and the ruled. The relationship between these layers is characterized by the political dominance of the former and the tax obligations of the latter. These relationships are legitimized by an ideology shared by at least part of society, which is based on the principle of reciprocity” (Claessen H. J. M. 1996. State // Encyclopedia of Cultural Anthropology. Vol. IV. New York. P.1255).

Signs of the state.

General features and distinctive features of the state, characterizing it as a specific organization of society. These include:

1) territory. The state represents a single territorial organization political power throughout the country. State power extends to the entire population within a certain territory, which entails the administrative-territorial division of the state. These territorial units are called differently in different countries: districts, regions, territories, districts, provinces, districts, municipalities, counties, provinces, etc. The exercise of power on a territorial principle leads to the establishment of its spatial limits - the state border, which separates one state from another;

2) population. This feature characterizes people’s belonging to a given society and state, composition, citizenship, the order of its acquisition and loss, etc. It is “through the population” that within the framework of the state, people are united and they act as an integral organism - society;

3) public power. The state is a special organization of political power that has a special apparatus (mechanism) for managing society to ensure its normal functioning. The primary cell of this apparatus is the state body. Along with the apparatus of power and administration, the state has a special apparatus of coercion, consisting of the army, police, gendarmerie, intelligence, etc. in the form of various compulsory institutions (prisons, camps, hard labor, etc.). Through the system of its bodies and institutions, the state directly manages society and protects the inviolability of its borders. The most important government bodies, which to one degree or another were inherent in all historical types and varieties of the state, include legislative, executive and judicial. At various stages of social development, state bodies change structurally and solve problems that are different in their specific content;

4) sovereignty. The state is a sovereign organization of power. State sovereignty is a property of state power that is expressed in the supremacy and independence of a given state in relation to any other authorities within the country, as well as. its independence in the international arena, subject to non-violation of the sovereignty of other states. The independence and supremacy of state power are expressed in the following:

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

b) prerogative - the possibility of canceling and invalidating any illegal act of another public authority:

c) the presence of special means of influence (coercion) that no other public organization has at its disposal. Under certain conditions, the sovereignty of the state coincides with the sovereignty of the people. The sovereignty of the people means supremacy, their right to decide their own destiny, to shape the direction of the policy of their state, the composition of its bodies, and to control the activities of state power. The concept of state sovereignty is closely related to the concept of national sovereignty. National sovereignty means the right of nations to self-determination, up to and including secession and the formation of independent states. Sovereignty can be formal when it is proclaimed legally and politically, but is not actually implemented due to dependence on another state dictating its will. A forced limitation of sovereignty takes place, for example, in relation to those defeated in a war by the victorious states, by decision of the international community (UN). Voluntary limitation of sovereignty can be allowed by the state itself by mutual agreement to achieve common goals, when uniting in a federation, etc.;

5) publication of legal norms. The state organizes public life on a legal basis. Without law and legislation, the state is unable to effectively lead society and ensure the unconditional implementation of the decisions it makes. Among the many political organizations, only the state, represented by its competent bodies, issues orders that are binding on the entire population of the country, in contrast to other norms of public life (moral norms, customs, traditions). Legal norms are ensured by measures of state coercion with the help of special bodies (courts, administration, etc.);

6) mandatory fees from citizens - taxes, taxes, loans. The state establishes them to maintain public authority. Mandatory fees are used by the state to maintain the army, police and other compulsory bodies, the state apparatus, etc. to others government programs(education, healthcare, culture, sports, etc.);

7) state symbols. Each state has an official name, anthem, coat of arms, flag, memorable dates, public holidays that differ from the same attributes of other states. The state establishes the rules of official behavior, forms of people addressing each other, greetings, etc.

. Theological theory

The theory under consideration is not scientific, since it is obviously based not on knowledge in its usual understanding, but on faith in God. It can neither be proven nor disproved without resolving the question of the existence of God.

The original religious and mythical ideas about the divine origin of state and law are characterized by extremely wide diversity. This is fully explained by the special historical conditions of the existence of religions and early state formations, both the Ancient East and the Ancient West, Mesopotamia or Africa. Only later were these views reworked on the basis of various currents of Christianity into a relatively integral theological doctrine; the doctrines of Judaism, Islam (Islam), Buddhism and others emerged.

In the theological theory - the teaching of the theologian Thomas Aquinas (1225-1274), which in later times was called “Thomism”, the process of the emergence of state and law was considered similar to God’s creation of the world. Religion, according to the teachings of F. Aquinas, must justify the need for the emergence and existence of a state from God. In turn, the state is obliged to protect religion. The sanctification (the monarch is God's anointed) of state power with a divine aura gave such power both authority and the unconditional obligation of the unlimited power of the monarch.

In ancient Greece, a student of Socrates (469-399 BC), a descendant of the famous legislator Solon, Aristocles, under the nickname Plato (427-347 BC), founded a school in the suburbs of Athens, where he taught that the source of origin state and law is a deity. Plato's student and teacher of Alexander the Great - Aristotle (384-322 BC) - is also a supporter of the divine origin of state and law. Socrates, Plato and Aristotle expressed the position that along with the laws generated by people, there are eternal, unwritten laws, “implanted in the hearts of people by the divine mind itself.” These laws are based on the eternal, unshakable divine order, which prevails not only in human sensations, but also “in the entire structure of the universe.” However, along with it, the emergence and development of the state and law were decisively influenced by the thirst for money and power, greed, ambition, arrogance, cruelty and other negative human traits.

Theological theory reached its dawn in the Middle Ages. At the stage of the transition of peoples to feudalism and during the feudal period at the turn of the 12th-13th centuries in Western Europe, the theory of “two swords” was developed. Its main meaning was to establish the supremacy of church power over secular power (the state) and to prove that there is no state and law “not from God.”

. Patriarchal theory

This theory originates from the depths of theology. Already in ancient times, Plato and Aristotle put forward the idea that human society was originally patriarchal. Aristotle spoke more clearly on this matter. According to Aristotle, the state is not only a product of natural development, but also the highest form of human communication.

In the 17th century, the existence of absolutism in England was justified from the same positions in the works of the English sociologist R. Filmer “Patriarchy, or the Defense of the Natural Law of Kings” (1642), “The Patriarch” (1680). Thus, the origin of the state and the theory of the “divine right of kings” were derived from the original patriarchy.

Medieval secular feudal lords also resorted to the patriarchal theory of the origin of state and law to justify the unlimited power of the monarch - the father of his subjects and the entire nation.

Later, this theory was reflected in the statements of one of the theorists of populism in Russia, sociologist N.K. Mikhailovsky (1842-1904), and in the West - the English legal historian G. Maine and others.

State power, according to supporters of the patriarchal theory, is nothing more than a continuation of paternal power. The power of the sovereign, the monarch, is the patriarchal power of the head of the family. Patriarchal theory served in the Middle Ages as a justification for the absolute (“paternal”) power of the monarch. Just like the father in the family, the monarch in the state is not elected.

It is characteristic that there is not a single historically reliable evidence of such a method of the emergence of state and law. On the contrary, it is considered established that the patriarchal family, as a historically natural phenomenon, arises in the process of decomposition of the primitive communal system, together with the state.

. Contractual and natural law theories

This theory contains extremely many aspects, is contradictory and inconsistent at various historical stages of development. It has absorbed the contradictory views of the greatest thinkers of all times, sometimes standing on diametrically opposed political, legal and philosophical positions. A number of authors highlight the contractual theory as a theory of the origin of the state, and consider the theory of natural law from the standpoint of the origin of law.

The theory under consideration as a contractual one, based on natural human rights, is based approximately on the following general provisions:

the emergence of the state is preceded by natural state of people;

the state arose and was based on a social contract, people tired of fighting with nature and with each other. The state and law are presented as a product of reason and will (people and God). Having decided to leave the “natural” (pre-state) state, people united into a state under certain conditions, and they voluntarily transfer to the state part of their innate (natural) rights and freedoms. And the state ensures the protection of private property and personal safety of those who have entered into an agreement;

As a result of the creation of the state, two systems of law are formed in society: natural and positive (or positive). The first is a natural right (to life, freedom, social equality, property, etc.), embodying unconditional reason and eternal justice, in a word, what is inherent in a person from birth and inherent in his very essence. The second is a positive acquired right, which comes from the state (laws, customs approved by it, precedents). The primary law is natural law - eternal and unchangeable for all times and peoples. Subordinate to him are the norms (rules of behavior) established and changed (cancelled) by the state.

Positive law is existing, currently valid law. Natural law, emanating from “universal reason,” became like wishes and recommendations of what real, that is, positive law should ideally be.

The contractual and natural law theories reach the peak of their development when they become the theoretical basis of the ideology of the anti-feudal bourgeois revolutions of the 17th-18th centuries. At this time, the school of natural law was formed, which had a great influence on the development of bourgeois national law and international law: G. Grotius and B. Spinoza in Holland; T. Hobbes and D. Locke in England; in France - J.J. Rousseau, P. Holbach, D. Diderot, C. Montesquieu; in Russia - P.I. Pestel, as well as A.N. Radishchev (1749-1802). The latter believed that the state arises as a result of a silent agreement between members of society in order to jointly protect against the tyranny of the powerful.

It is believed that the first to attempt to adapt the theory of natural law to the interests of the bourgeoisie was G. Grotius (1583-1645). Theoretical basis and the ideological justification for the bourgeois revolutionary movement in France were the ideas of J.J. Rousseau (1712-1778). Considering the state as a product of the Social Contract, he believed that each person transfers his personality and all his powers to the common property. As a result, a collective whole is formed, which was previously called a “civil community”, later - a “republic or political organism...”. The Declaration of the Rights of Man and the Citizen (1789), the program document of the Great French Revolution (1789-1794), states: “Men are born and remain free and equal in rights.

The Declaration of Independence of the United States (1776), adopted according to the draft of T. Jefferson (1743-1826), states: “We hold these truths to be self-evident, that all men are created equal and are endowed with unalienable rights, that these include the right to life, liberty and security.” pursuit of happiness". For official state doctrine this was an absolute innovation.

Since the end of the 19th century. and up to the present time there has been a period of so-called revived natural law. But some authors believe that modern theories of natural law were most widespread in the middle of the last century. With the adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and the International Covenant on Civil and Political Rights of 1966, the influence of natural law doctrines began to wane. Politicians and lawyers, when arguing their positions on human rights, prefer to refer to international covenants as regulations. In many countries, interest in theories of natural individual rights is declining.

. Psychological theory

This theory became widespread at the beginning of the 20th century in Germany, France, and Russia. Representatives of this theory: Cicero, N.M. Korkunov, 3. Freud, J.F. Maitland-Jones. One of its founders is the Russian lawyer L.I. Petrazhitsky (1867-1931). According to his ideas, law is divided into: intuitive - these are the legal ideas, beliefs, experiences, and views inherent in a person. And the positive thing is a set of official legal norms.

Cicero believed that the state is the property of the people. A people is not any combination of people gathered in any way, but a union of many people connected with themselves in matters of law and community of interests.

From the psychological need of an individual to command or obey, the Austrian psychiatrist Sigmund Freud (1856-1939) deduced the need to create a state and law. He proceeded from the existence of an original patriarchal horde, the despotic head of which, at the dawn of history, was allegedly killed by his rebellious sons, driven by special biopsychological, sexual instincts (“Oedipus complex”). In order to suppress the aggressive drives of man in the future, it was necessary, according to Freud, to create the state, law, the entire system of social norms and civilization in general.

In contrast to such views, supporters of the socio-psychological direction of this school (French philosopher E. Durkheim (1858-1917) and others) develop, in the traditions of Aristotle, a view of man as a being, primarily social in nature, and not psychobiological.

In a state, an individual is naturally absorbed into the collective, and laws are the essence of people’s collective ideas about what should be done. Highly appreciating the concept of natural law, the prominent pre-revolutionary Russian statesman N.M. Korkunov elevated the state and law to the “psychological unity of people.” The state, in his opinion, arises as a result of people’s awareness of their dependence on external power. The state and law acquire in the eyes of people the meaning of a certain objective order, “independent of human will, standing above human arbitrariness.”

. Organic theory

All theories that explain the origin of state and law from one or another materialist position, to one degree or another, served as a kind of counterbalance to the previously dominant theological and natural law theories. The emergence of Darwinism (the materialist theory of evolution of the organic world) in the 19th century gave rise to

attempts to mechanically transfer biological laws (interspecific and intraspecific struggle for survival, natural selection, biological evolution, etc.) to social processes. In sociology, this general trend is called social Darwinism.

A prominent place here was occupied by the organic theory of the origin of state and law, based on the analogy of society with a developing biological organism. We again find its philosophical origins in the works of some ancient Greek thinkers, including Plato (IV-III centuries BC), who compared the state with a living organism, and the laws adopted by the state with human processes psyche.

The largest representatives of the organic theory of the origin of state and law at the time of its dawn were: one of the founders of positivism, the English philosopher and sociologist G. Spencer, as well as Bluntschli, Worms, Preuss. The state, according to representatives of this theory, is a product of the forces of nature. It is formed during the centuries-old evolution of man and is itself similar to the human body. State power is seen as an expression of the dominance of the whole organism over its constituent parts (like animal organisms, in which all parts are subordinated to the good of the whole). According to representatives of this doctrine, the state is an organism, constant relations between its parts are similar to the constant relations between parts of a living being. The state is a product of social evolution, which is only a variety of biological evolution. The state, being a type of biological organism, has a brain (rulers) and the means to carry out its decisions (subjects).

Just as among biological organisms, as a result of natural selection, the fittest survive, so in social organisms, in the process of struggle and war (also natural selection), specific states are formed, governments are formed, and the structure of governance is improved. But one cannot mechanically extend the laws inherent in biological evolution to social organisms; one cannot completely reduce social problems to biological problems. Science convincingly proves the discrepancy between biological and social processes.

. Theory of violence

In the 19th century, the theory of violence became widespread in the West. Its most prominent supporters are the German philosopher and economist E. Dühring (1833-1921), the Austrian sociologist and statesman L. Gumplowicz (1838-1909), as well as the “revisionist of Marxism” and one of the theorists of the Second International K. Kautsky (1854 - 1938 ) and others.

The beginnings of this theory can be found in the writings of the ancient Greek sophists (V-IV centuries BC). This was confirmed by the wars of conquest of Ancient Sparta and, subsequently, Ancient Rome.

L. Gumplowicz, who made a significant contribution to the final formation of the basic principles of the theory of violence at the turn of the 19th and 20th centuries, relied in his views on Spencer’s evolutionary theory and shared the positions of so-called social Darwinism. At the same time, Gumplowicz combined the biological approach to social evolution with the psychologization of social life. In his fundamental work “The General Doctrine of the State,” Gumplowicz wrote: “History does not present us with a single example where the state arose not with the help of violence, but in some other way.”

The theory of violence ultimately boiled down to two practical conclusions:

1) “Classic version” (L. Gumplowicz). Based on the examples of the formation of a number of states in Europe (early German, Hungarian, etc.) and Asia, it should be considered that the state arises in the course of “natural selection” (struggle with neighboring tribes), as a result of the conquest of weak tribes by strong tribes, the winners form the ruling class, and the defeated and enslaved - “the class of workers and employees”; “as a result of the subordination of one class of people to another, a state is formed.”

2) According to K. Kautsky, since in a bourgeois society a worker voluntarily enters into an agreement with a capitalist entrepreneur, the bourgeois state does not force workers and working people in general to sell their labor power, therefore such a state is democratic, free and expresses the will of the entire people. Revolution, Kautsky believes, is natural in the struggle against the feudal state, but it is not needed in the presence of a bourgeois state.

Analyzing the theory of violence from these positions, the famous German state scientist and jurist G. Jellinek (1851-1911) argued, not without reason, that it has as its goal and is intended not to explain the reasons and conditions for the emergence of the state and law in the past, but to justify them in present. It is no coincidence that the theory of violence was adopted by Nazi Germany as an official state and legal ideology.

When characterizing wars of conquest in historical terms, it should be borne in mind that they become possible only after society is economically able to provide for the maintenance of the state apparatus and, above all, the army.

. Historical-materialist (Marxist) theory

One of the main works of Marxism is devoted to the issues of the origin of the state and law in their unity - the work of F. Engels “The Origin of the Family, Private Property and the State”, in connection with the research of Lewis G. Morgan (1884). Largely based on the material of the work of Friedrich Engels, there is also a famous lecture by V.I. Lenin's "On the State", read in 1919, in which he wrote that "the state in no way represents a force imposed on society from the outside." The state is a product of society at a certain stage of development...".

Arising from the needs of society, the state initially seeks to ensure public interests (for example, in the East - irrigation of large areas of land) and protection from external enemies. With the emergence and accumulation of private property, the property stratification of society into classes and the development of class contradictions, the state began to adapt to ensure the interests of the economically dominant minority in relation to the dependent and exploited majority. According to Marxist theory, the immediate basis for the emergence of the state, which determines its class essence, is a certain social-class structure of society, namely the existing various classes and their relationships: antagonistic and non-antagonistic contradictions, cooperation, struggle for influence or neutrality.

The Marxist doctrine of state and law contains the following basic provisions:

1) The state and law are always class phenomena in their essence, and therefore exist only in a class society.

2) They arise with the division of society into classes as an objectively necessary result of their struggle and the social division of labor. The development of the state and law is ultimately determined by production relations: the state and law, having relative independence, have a reverse impact on all spheres of society.

The state and law are instruments of class domination; they implement, support, and protect the entire system of this domination. Representing the will and interests of the ruling classes, the state and law in their functions accumulate, form and implement mainly the will and interests of these classes. Changing the state and law does not change their essence. With the change in the types of class society, the type of state and law changes. With the disappearance of classes within the communist formation, the state and law wither away. It should be noted that only the last circumstance has not found its historical confirmation, perhaps due to the fact that until now, after its emergence, classes have not disappeared in any society of any country in the world.

. Historical-materialist (non-Marxist) theory

It is the historical-materialist theory of the origin of state and law that is strictly based scientific basis. From the second half of the 80s and into the 90s. in domestic science there has been a significant shift in the study of issues of the origin of state and law. Two approaches began to emerge in the historical-materialist concept. One is Marxist. The second approach is non-Marxist, based on the fact that the need to improve the management of primitive society and the need to solve “common affairs” lead to the emergence of state and law. Upon careful comparison of both materialist approaches, one can notice that the second approach is fundamentally different from the Marxist one. Mainly - by criticizing the latter in excessively exaggerating the role of classes and class struggle and in asserting - the state will not die out with the disappearance of classes, but will exist as long as human civilization exists at all, that is, “eternally.”

Critically assessing a number of provisions in F. Engels’s work “The Origin of the Family, Private Property and the State,” A.B. Vengerov specifically emphasizes “that this in no way detracts from its specific historical significance, the role that this book played in understanding the origin of the state, in general in the history of the spiritual life of the 20th century.” And he considers as reliable the “materialistic and dialectical approach to the development of primitive society, as well as the statement about the relationship between the formation of class society and the state. Therefore, this theory can also be called the class theory of the origin of the state. Considering it erroneous” the exaggeration of the role of classes in the creation of the state, especially the ruling class ", A.B. Vengerov emphasizes that it was Marxist "theory that highlighted those features in the origin of the state that were either not noticed in other theoretical ideas, or were deliberately camouflaged, again for the sake of certain ideological ideas and interests."

. Irrigation theory

The irrigation theory (or the concept of the “hydraulic” origin and development of statehood in some countries of the Ancient East) is associated with the name of the modern German scientist K.A. Wittfogel. In his work “Oriental Despotism,” the emergence of the state in a number of countries of the Ancient East is associated with the need to build giant irrigation structures in the eastern agricultural regions. According to this concept, necessity leads to the formation of a “managerial-bureaucratic class” that enslaves society.

Indeed, the processes of creating and maintaining powerful irrigation systems took place in the regions where the primary city-states were formed: in Mesopotamia, Egypt, India, China and other areas most unfavorable for Agriculture regions. The state, forced to pursue a strictly centralized policy in such conditions, acts as the sole owner and at the same time the exploiter. It managed, distributed, took into account, subordinated. Such factors catalyzed this entire process and “brought” the regime of a particular state to extreme despotic forms. That is, the fact of the influence of geographical and climatic (soil) conditions on the formation of statehood can be considered almost indisputable. Also obvious is the connection of these processes with the formation of a large class of managers, officials, services, “sovereign” people who protect canals from silting, ensure navigation through them, achieving the effective use of these structures, through the exploitation of other citizens.

In general, one cannot but agree with the historical reliability of observations that in real life Since the emergence of the state, there have been neither “purely class” nor “purely universal” state legal institutions. When determining the concepts and patterns of the origin of state and law, it is important to take into account both their class elements and corresponding characteristics, as well as non-class “universal” characteristics and traits. Although modern research has not produced specific facts that contradict the general laws of the emergence of the state. Therefore, within the framework of this theory, individual fragments of the process of state formation are too categorically singled out as the main, basic ones.

Thus, in the course of the decomposition of tribal society into antagonistic layers in the form of the poor and the rich, the need for society inevitably arises to have a force (state) capable of moderating the clashes of these social layers in order to prevent them from destroying each other in continuous struggle.

What is a state? Key Aspects

The state is a concept that is used often, which almost everyone knows, starting from a very young age. From that age when the Tsar-Father rules his kingdom-state in fairy tales. But not everyone can tell you what it is.

There are many ways to answer the question of what a state is. Here are some of them:

• the state is an organization of political power designed to ensure the livelihoods of people in its specific territory, possessing a coercive authority and collecting taxes and fees to ensure its internal and external functions;
• a state is a force, authority, organization that forces a person to do something, and therefore, at its beginning, is unjust and wrong.

And there are also a huge number of variations, meanwhile giving a specific and completely different interpretation of the question of what a state is. In jurisprudence, there are several characteristics that a state must have:

1. Any state must have a clearly defined and at least partially permanent territory.

This condition is sometimes cunningly circumvented by the owners of such organizations as unrecognized states.

For example, they register their own apartment or even a website as the territory of their state (no one said that the territory should be real and not virtual).

2. Right. What a state is is an organization, something ordered, and like any organized group of people, the state must have rules, i.e. law, laws, judicial system, etc.

3. The coercive apparatus - that is, the police, riot police, FBI, the system of fines and the like.

4. Public power is an important feature of the state. These are people professionally involved in management, drafting laws, collecting taxes and nothing else.

5. Taxes and fees for this public authority, social services, as well as public needs such as war, famine, crop failure or, say, restoration of monuments, preparation for the Olympics or road repairs.

6. Ideology is an optional item. Ideology in a state is a religion, philosophy or way of life. If there is no ideology, the state is called secular.

7. Social services – i.e. school, universities, hospitals, etc.

8. Sovereignty is the relationship of the state with other administrative units.

The main answer to the question of what a state is, whether this or that object is a state or not, is the recognition or non-recognition of it as such. Of course, other countries and their authorized representatives must recognize it.

Scholars disagree not only on the definition of a state, but also on its origins. There are several theories regarding the form of the emergence of the state: theological (God created everything, authors - Thomas Aquinas and St. Augustine), social contract (people cannot live without society, so they entered into an agreement, authors - Jean-Jacques Rousseau, D. Lork, G. Hobbes and some others), Marxist, racial (the state is the result of the racial superiority of some peoples over others, authors - Gubino, Nietzsche) and a number of others.

The concept and characteristics of the state

Speaking about what the “concept and characteristics of a state” are, it is worth understanding the general definition of a state. The state represents a special institution historically isolated from society, personified in a special apparatus for managing (coercion) social processes operating within a certain territory in the exercise of sovereign state power, the publication of general laws and other various normative legal acts designed to streamline social relations. The state, as an organization of political power, manages the affairs of the entire society with the help of law and the state apparatus.

The concept and characteristics of the state

The state, as an institution, has its own characteristics and functions. First of all, it is worth mentioning the main features of the state:

1. Management is underway public affairs based on his varied interests. The state represents the interests of society and coordinates them.
2. Law is the source of state power, formalizes it legally and, thus, makes it legitimate. Law defines various forms of exercise of power in the state and sets a legal framework.
3. Governance in the state is carried out exclusively with the help of specially created bodies that are hierarchically dependent on each other.
4. The state unites people of different nationalities and religions.
5. The presence of sovereignty, interpreted as independence and supremacy of power.
6. The right to legislate and demand the execution of laws. Otherwise, various penalties may be applied.
7. Management of national resources, material foundation.
8. Established procedures for collecting taxes and fees from the population.
9. Symbols: coat of arms, anthem, flag.

The concept and characteristics of the state are not limited to those listed above, but the data is basic.

The functions of the state are the activities and their directions, in which its purpose in the life of society and the entire basic essence are expressed. The functions also reflect the mechanism of influence of the state on all processes occurring within it.

Main functions of the state:

1. Protection of law and order and legality, freedoms and rights of citizens.
2. Political (democracy and sovereignty).
3. Economic (control over the state budget, taxation system, pricing policy, etc.).
4. Social (health care system, pensions, etc.).
5. Ideological (raising a generation in the spirit of official ideology, promoting values ​​and ideas).
6. Environmental (protection environment, restoration of natural resources);
7. Protecting citizens from threats from the outside.
8. Interaction international organizations and other states.

Basically, there are organizational as well as legal forms of implementation government functions. Legal ones include: law-making, law enforcement, law enforcement. TO organizational forms include regulatory, ideological and economic. The functions of the state have different classifications and their own characteristics.

There is also such a thing as “state goals”. The main government goals include: creating conditions for economic development and maintaining social stability in society. All other goals follow from the data.

Also, the direct implementation of the goals are the tasks of state regulation. All tasks are carried out through functions.

Thus, summing up the topic “the concept and characteristics of the state,” we can say that the state is a special form of organization of society and occupies a major place in the structure of the political system.

Signs of the state

The state has sovereignty.

Concept, characteristics and types of state.

The state is:

1 ) territorial entity;

2 ) the organization of political power, which governs society, is necessary both for the implementation of class tasks and public affairs;

3 ) special public power, which does not merge with society, is separated from society;

4 ) complex and organized control mechanism .

State power is exercised by bodies who are only involved in management. The opposite of this power is public power, the implementation of which is characterized by the absence of special public institutions. In this case, the management of a society or social group is carried out with the help of institutions located within the society or group, and not outside them; we can talk not so much about control influence as about self-government.

Since the state is expressed in bodies, who are engaged only in organizing social life and do not produce anything themselves, it has the right to collect Money from the population. Taxes, fees, and loans are used to maintain the state apparatus and provide economic support for politics. This characteristic of the state is derived from its understanding as a public authority.

The power of the state extends to a certain territory, in contrast, for example, to the power that existed in primitive society. It applied to all members of the clan, regardless of their location.

Sovereignty:

1 ) the supremacy of power within the country;

2 ) independence in relation to the authorities of all persons and organizations located within the country, as well as outside the territory of the state.

Of two signs, which are components of sovereignty, previously noted mainly the second (independence, disobedience of the state as a sovereign to a supranational organization or another state).

State which first of all realizes itself as an instrument of social compromise, must correspond to the level of development democracy in society.

Constitutional state is a democratic state, the power of which, as well as its formation and functioning, are based on law, the highest purpose of which is to respect and protect the rights and freedoms of man and citizen. Ensuring law and order is the basis for the strength of democracy and the vitality of the rule of law. A legal, democratic, civilized state is one whose boundaries of power are strictly based on the law, and whose highest purpose is to recognize, respect and protect the rights and freedoms of man and citizen. At the same time, both the rule of law and democracy presuppose the law and order necessary for any society.

The state is a very complex phenomenon, among its fundamentals, which have a direct impact on its essence and social purpose, in the specific historical conditions of the development of individual countries:

1 ) religious factor (Pakistan, Iran, etc.);

2 ) national factor (for example, the Baltic states).

Although this does not mean yet that all these factors must be included in the definition of the state in general. In this case, it is enough to start from its most general principles - class and universal.

State is a special organization of political power that governs society through legal norms and a specially formed apparatus.

The state has characteristics that distinguish it from other organizations and institutions of society, these are:

1 ) presence of public authority, which is implemented by bodies involved in management;

2 ) the presence of a complex control mechanism, formed in the form of a system of government bodies that are in hierarchical dependencies. Since these bodies are engaged only in management and do not produce anything, the state has the right to collect funds for their maintenance. These are various taxes, fees, loans that are used to maintain the state apparatus and ensure its economic policy;

3 ) association in the territory states of people regardless of their affiliation: racial, national, religious, etc.;

4 ) limiting one's territory state borders, indicating the limits of the exercise of state power;

5 ) existence of sovereignty. Sovereignty is a category that is expressed in the supremacy of power within the country, as well as independence in international relations. Sovereign power is supreme, independent, inalienable, universal power. The sovereignty of the state presupposes its independence in decision-making both in the field of domestic and foreign policy, the universal binding nature of the decisions of public authorities for everyone affected by them. In the legal sphere, the sovereignty of the state is expressed in its exclusive right to issue laws and other regulations;

6 ) ability to make laws and other normative acts that are valid throughout the entire state, contain rules of law that are binding;

7 ) presence of state symbols: flag, anthem, coat of arms;

8 ) enforcement laws and order with the help of special punitive and law enforcement– courts, prosecutors, police, etc.;

9 ) order national resources;

10 ) Availability own financial and tax system;

11 ) connection with law, since only the state has the right and at the same time the obligation to issue laws and by-laws within its territory;

12 ) V at the disposal states there are armed forces and security agencies that ensure defense, sovereignty and territorial integrity.

The concept of state includes includes a property that expresses the main, establishing, permanent and natural characteristics of the state.

In accordance with scientific principles Marxism the state is essentially an organization of political power in society represented by the economically dominant class. These provisions impoverished and distorted the idea of ​​the state, since they were one-sided and contained an understanding of the essence of the state and its social purpose only from class positions.

The universal purpose of the state– to find a social compromise between different segments of the population and thereby ensure a general social orientation in the implementation of government functions. The state, therefore, must take into account both universal and class principles.

Typology of the state: formational and civilizational approaches

Typology of the state – This a special classification that divides states into certain types.

Type of state call a set of important features that characterize the class and economic aspects of the state.

Turning to the history of the development of statehood, as well as to the typology of states, we can distinguish several approaches to this issue.

Approaches to the typology of states:

1 ) formational approach. This approach was developed within the framework of the Marxist-Leninist theory of state and law. According to it, the type of state is understood as a system of basic features characteristic of states of a certain socio-economic formation, which is manifested in the commonality of their economic base, class structure and social purpose;

2 ) civilizational an approach.

To determine the type of state using the formational approach take into account:

1 ) correspondence of the state level to a certain socio-economic formation. Socio-economic formation– a historical type of society, which is based on a certain method of production;

2 ) a class whose instrument of power becomes the state;

3 ) social purpose of the state.

The formational approach identifies the following types of states:

1 ) slaveholding;

2 ) feudal;

3 ) bourgeois;

4 ) socialist.

According to the formational approach after a change in economic formation, a transition occurs from one historical type of state to another, newer one.

The formational approach has the following advantages:

1 ) the productivity of dividing states based on socio-economic factors;

2 ) the possibility of explaining the stage-by-stage development, natural-historical nature of the formation of the state.

Flaws:

1 ) one-sidedness;

2 ) spiritual factors are not taken into account.

Currently there are several common interpretations of the concept of “civilization”, as well as several types of typology of the civilizational approach. For example, quite often “civilization” is understood as culture, the development of society as a whole. “Civilization is a closed and local state of society, distinguished by a commonality of religious, national, geographical and other characteristics” ( A. Toynbee). In this case, depending on the characteristics, Egyptian, Western, Orthodox, Arab and other civilizations are distinguished. Thus we can talk about civilizations:

1 ) modern and ancient;

2 ) Western, Eastern, Orthodox, etc.

In a civilizational approach distinguish the following characteristics: chronological, production, genetic, spatial, religious, etc.

Associated with the civilizational approach theory of “stages of economic growth” ( W. Rostow), the theory of a “single industrial society”, the theory of “managerialism”, the theory of “post-industrial society”, the theory of “convergence”, etc.

Positive features of the civilizational approach:

1 ) highlighting spiritual and cultural factors;

2 ) a clearer typology of states.

Flaws:

1 ) low assessment of the socio-economic factor;

2 ) the predominance of the typology of society over the typology of the state.

Form of state: concept, characteristics.

Under the form of the state It is generally accepted to understand the way of organizing and exercising government power. The form of a state is the unity of three autonomous elements: the form of government, the form of state-territorial structure and the political regime.

The following factors may influence the form of the state:

1 ) socio-economic, cultural;

2 ) historical, national and religious traditions;

3 ) natural and climatic conditions;

4 ) alignment of political forces, etc.

To have a more complete understanding of the form of a particular state, it is necessary to analyze it structural elements:

1) form of government– organization of higher state bodies, the procedure for their formation, structure, powers, interaction with the population, as well as with each other. Main forms of government: monarchy and republic;

2) form of government– reflects the political-territorial organization of state power, determines the relationship between central and local authorities. According to the form of structure, states are divided into unitary, federal, confederal;

3) state-legal (political) regime– is a set of techniques, methods, methods, and means of exercising power. The main types of political regimes: authoritarian, democratic, totalitarian.

Thus, the form of the state determines:

1 ) the procedure for the formation of government bodies;

2 ) structure of government bodies;

3 ) the peculiarity of the territorial independence of the population;

4 ) the nature of the relationship between government bodies and each other;

5 ) the specifics of relations between government bodies and the population;

6 ) techniques, methods, methods of exercising political power.

In accordance with the specified Above, by classifying the elements of the state, we will consider the form of the modern Russian state.

Russian Federation in accordance with the Constitution (Article 1) is a democratic federal state of law with a republican form of government.

Functions of the state: concept, types, characteristics.

Functions of the Russian state – This the nature and direction of government activity, which has a decisive influence on the entire structure of the state apparatus. As a result, the initial, key approach to the study of the state must be considered one that examines it from the point of view of areas of activity. Changes in the functions of the state lead to changes in the overall structure of the state apparatus.

The functions of the state are different from the functions of government bodies that are specifically created for a particular type of activity. Thus, the functions cover the activities of the state as a whole.

The diverse functions of the Russian state can be classified on different grounds:

1) based on duration their implementation of one or another activity, the functions of the state can be divided into permanent (which the state implements throughout the entire development) and temporary (they are short-term in nature, cease to operate after solving a specific problem);

2) by importance– main and auxiliary. With the help of the former, the most important directions of the state are implemented, the implementation of the main strategic goals and objectives;

3) taking into account the direction state activities - general social and class;

4) depending on the area government activities – internal and external.

In modern legal literature, there is a common classification of the functions of the state, regardless of its type and scope of activity, namely:

1 ) economic function – aimed at ensuring the normal functioning and development of the economy, in particular through the organization of public works, protection of existing forms of ownership, production planning, organization of foreign economic relations, etc.;

2 ) political function – is associated with ensuring state and public security, national and social harmony, containing the resistance of opposing social forces, protecting the sovereignty of the state from external attacks, etc.;

3 ) social function – according to it, the state protects the rights and freedoms of the population or a certain part of it, takes measures to satisfy the social needs of people, maintain a decent standard of living of the population, comply with necessary working conditions, etc.;

4 ) ideological function – support for a certain ideology, organization of education, maintenance of science, culture, etc.

Tell me the scientific definition of “What is a state?”

Please don't just answer!!!

Valentina k

The state is the legal organization and functioning of power.
This is a set of official authorities operating throughout the country or in individual territorial entities of the country.
This is an organization of the political system (a way of organizing society), which is its official representative and spokesman for interests and has the authority, if necessary, to use means and coercive measures.

Other definitions of state:
“The state is a specialized and concentrated force for maintaining order. A state is an institution or a series of institutions whose main task (regardless of all other tasks) is to maintain order. The state exists where specialized agencies for maintaining order, such as the police and the judiciary, have been separated from other spheres of public life. They are the state” (Gellner E. 1991. Nations and nationalism / Translated from English - M.: Progress. P. 28).

“The state is a special, fairly stable political unit, representing an organization of power and administration separated from the population and claiming the supreme right to govern (demand the implementation of actions) certain territory and population, regardless of the latter’s consent; having the strength and means to implement its claims” (Grinin L. G. 1997. Formations and civilizations: socio-political, ethnic and spiritual aspects of the sociology of history // Philosophy and Society. No. 5. P. 20).

“The state is an independent centralized socio-political organization for regulating social relations. It exists in a complex, stratified society, located in a certain territory and consisting of two main strata - the rulers and the ruled. The relationship between these layers is characterized by the political dominance of the former and the tax obligations of the latter. These relationships are legitimized by an ideology shared by at least part of society, which is based on the principle of reciprocity” (Claessen H. J. M. 1996. State // Encyclopedia of Cultural Anthropology. Vol. IV. New York. P.1255).

“The state is a machine for the oppression of one class by another, a machine for keeping other subordinate classes in obedience to one class” (V.I. Lenin, Complete Works, 5th ed., vol. 39, p. 75).

Lyudmila Kolmogorova

State
Basic institution of the political system modern society and the most important form of its organization. The main purpose of government is to organize political power and govern society. Any government expresses and protects the interests of the entire society and the interests of the ruling circles. G. has signs and features that distinguish it both from the pre-state (primitive communal) organization of society and from the non-state (party, public, etc.) organizations that exist alongside it. Most character traits G.: a) the presence of an apparatus of power and control separated from society and often standing above it. It consists of a special layer of people whose main occupation is the performance of power and management functions. They do not directly produce either material or spiritual benefits, but only manage. These people occupy their positions by election, appointment, inheritance or replacement. The main components of this apparatus are government bodies, administrative bodies, courts, prosecutors, etc. The lowest level of the apparatus is the state body: b) the presence, along with the apparatus of power and management, of a coercive apparatus. It consists of special detachments of armed people - army, police, intelligence, counterintelligence, as well as in the form of all kinds of compulsory institutions (prisons, camps, etc.). Control device together with special units armed people are called public power, giving it paramount importance; c) division of the population into territorial units. In contrast to the tribal system, where social power extended to people based on consanguinity, depending on their belonging to one or another clan. phratries, tribes or unions of tribes, under a state system, power extends to them depending on the territory of their residence. Residents living on the territory of Georgia, regardless of production ties, are either citizens (in a republic), or subjects (in a monarchy), or stateless persons or foreigners subject to the jurisdiction of Georgia, subject to its laws; d) the entire territory of Georgia is divided into a number of administrative-territorial units. In different countries they are called differently: districts, provinces, regions, territories, districts, counties, districts, etc. But their purpose and functions are the same - the organization of state power and administration in the territory they occupy: e) sovereignty. It means, firstly, the supremacy of state power within the country. And secondly, its independence in the international arena. In sovereignty the sovereignty of a state finds its political and legal expression. It also expresses the ability of a state, independently of other states, to

The state is an organization of political power necessary for the implementation of class objectives. The signs and functions of the state are designed to govern society and ensure stability and order in it.

In contact with

Theories of origin

The emergence of the state is a certain stage in the formation of society.

There are two theories of the emergence of the state:

1. It was a natural process of developing relationships between people. The authors of this concept were J. Locke and T. Hobbes. The population, on their own initiative, transferred part of their rights to the state. It formed a group of managers who monitor the integrity of the territories and protect the rights of citizens.
2. Plato put forward another theory, which was supported by D. Hume and F. Nietzsche. The state arose in the process of conquering the population by an organized group of people. It was small and well armed.

Initially, the state was a single political organization. In the process of its evolution, other movements, parties and blocs began to appear.

In the broad sense of the word, a state is a certain country together with its people living on its territory. In a narrow sense, it is a political institution of supreme power. It is responsible for the safety of people's lives, maintains order, and regulates the relations of different social strata with each other. For these purposes, a management apparatus is created.

Organizational structure

The organizational structure of the state is represented by the following elements:

These functions allow not only to manage society and represent its interests, but also to apply coercive methods in relation to individual citizens or entire nations. An example of this is the massive political repressions in the USSR, when entire peoples were persecuted.

Signs of any state

The main features of the state make it different from other political organizations.

Territorial organization

State power extends to the entire population living within its territorial boundaries, regardless of the citizenship of members of society. The inhabitants are his subjects. They are obliged to comply established laws. The state represents their interests and assumes the function of protecting them.

A state cannot exist without territory. War and expansion can increase or decrease it.

Sovereignty

The sovereign organization of power is completely independent within the country and abroad. The territory of the state is united and indivisible. It independently resolves all issues of domestic and international politics and enters into relationships with other countries on equal terms. In domestic politics, state power stands above other institutions and parties.

Sovereignty takes two forms:

• economic (own national currency, tax system, customs service and laws of economic activity),
• political (land, sea and air borders, judicial system, armed forces, governing bodies and authorities).

Presence of public authority

Power is the ability to influence in the desired direction, to impose one’s will. The population is controlled by a layer of people called officials, the political elite. This mechanism ensures the stable functioning of society.

Public state power is of a political nature. The management apparatus is isolated from society. There is no personal relationship between them. He guides citizens through certain bodies: government, parliament, justice system. State power regulates the relations of various social groups, whose interests sometimes do not coincide. It ensures the existence of the entire society as a single whole.

The sustainability of such a mechanism depends on its legitimacy, which means:

• international calling,
• legality, fair and lawful governance,
• population support.

Means of ensuring legitimacy there may be referendums, elections, a multi-party system, resignation.

Tax system

Taxation forms the financial basis of state activities. Mandatory and gratuitous fees collected from the population are used to solve management problems and maintain government bodies. They contribute to the financial support of the army, government bodies, and the social sphere. On their basis, a reserve is created in case of emergency disasters and incidents. As the volume of government tasks increases, the percentage of fees may increase. The withdrawal of taxes is compulsory, but some countries are already implementing a gradual transition to paying them on a voluntary basis.

Lawmaking and the right to violence

The state has the opportunity to publish legal acts which citizens who are at that moment on its territory are obliged to comply with. Law establishes competence government bodies, regulates the rights and freedom of citizens.

Any law is indisputable and binding on the entire population. Legal norms direct the behavior of the masses in a single direction. Although these guidelines are not always fully implemented, the majority of the population adheres to them. This is achieved with the help of law enforcement agencies and punitive institutions. Various sanctions in the form of deprivation of the rights and freedoms of citizens suppress disrespect for the legal system.

The political elite is forced to resort to violence when the possibility of overthrow arises.

Army

One of the main tasks of state power is to preserve the integrity and inviolability of its borders. Disputes between neighboring countries over this issue could lead to armed conflicts. The possible seizure of territory requires the creation of a powerful modern army capable of protecting the population.

In addition, the armed forces can be used in internal conflicts to maintain order. They are designed to prevent the possibility of mass clashes that upset the balance of social forces. The army acts as a guarantor of the stability of the existing political system in the country.

Population

State power represents the interests of the entire society, which distinguishes the state from other political organizations. It unites people on its territory, regardless of their race or religion. Citizenship is a concept that determines a person’s belonging to a given state. It is expressed in mutual rights and obligations. A person receives citizenship from birth, which distinguishes it from voluntary membership in various political organizations.

The population may or may not be multinational. But all people have the same rights and are obliged to comply with the same rules of internal law and order.

Symbols and attributes of power

The flag, coat of arms and anthem are additional signs of the state.

These also include a single monetary unit, language, economic space, and transport network. In some monarchies, such attributes of power include the scepter and the orb, the crown. Symbols are not mandatory for every country, because they are a sign of a secondary state.

Functions of the state

The functions of the state are the directions of its external and internal activities. They reflect its purpose in society and are determined by the assigned tasks.

External functions:

Internal functions:

• budget formation, control over its execution;
• stimulation of entrepreneurial activity;
• development of social support measures for society;
• maintaining order with the help of law enforcement agencies;
• formation of patriotic values ​​and cultural education of citizens.