The state is the organization of the political power of society. State: concept and characteristics State is an organization of political power that manages society and ensures order and stability in it. A special organization of political power

The main features of the state are: Availability certain territory, sovereignty, broad social base, 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 form of government, unitary states, federations and confederations are distinguished.

The state is a special organization political power, which has a special apparatus (mechanism) for managing the company to ensure its normal activities.

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.

Taxes collected from the population and loans 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 historically established boundaries.

· Universality - the state acts on behalf of the entire society and extends its power to the entire territory.

Signs of the state:

· public power, separated from society and not coinciding with social organization; the presence of a special layer of people who carry out political administration society;

· a certain territory (political space), delineated by 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 public 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 international relations, representing a specific people, territory and sovereign power.

2. Theories of the state

The first states on our planet appeared about fifty centuries ago. Currently, in legal science there is a fairly wide range of theories explaining the origin of the state. The main ones include the following:

1. Theological. The root cause of the emergence of the state is called the “word of God”, the divine will with all the ensuing consequences of unconditional, unconditional, obedient acceptance given to people over.

2. Patriarchal. Proponents of this theory draw a parallel between the naturally necessary power of the father in the family (patriarch) and the powers of the supreme ruler in the country, emphasizing that the state is a product of the historical development of the family.

3. Negotiable. The prerequisite for the emergence of the state is considered to be a “war of all against all,” i.e., the “natural state” of people, the end of which was marked by the establishment of the state, as the result of an agreement between people, the manifestation of their will and reason.

4. Psychological. This theory removes the state from the human psyche, which is characterized by the need to imitate and obey a leader, an outstanding personality capable of leading society. The state is the organization for the implementation of such leadership.

5. Theory of violence. The emergence of the state is associated with wars characteristic of the history of human development as a manifestation of the law of nature, which presupposes the subjugation of the weak by the strong, to consolidate the enslavement of which the state is created as a special apparatus of coercion.

6. Organic theory. The state is considered as a result of social (organic) evolution when it occurs natural selection during external wars and conquest, leading to the emergence of governments governing a social organism comparable to the human body.

7. Historical-materialistic. In domestic legal science, this theory has acquired dominant significance and received the most detailed coverage in educational literature. According to this theory, the state is a product of the natural historical development of society. Primitive society is characterized by the absence of a state. and the emergence of a state

3. Concept and forms of government

Form of government is a way of organizing supreme authority states. It influences both the structure of the supreme state bodies and the principles of their interaction. Thus, a distinction is made between a monarchy and a republic, the main difference of which is the procedure and conditions for replacing the post of head of state.

Monarchy – form of government in which:

1) the highest state power is concentrated in the hands of one monarch (king, czar, emperor, sultan, etc.); 2) power is inherited by a representative of the ruling dynasty and is exercised for life; 3) the monarch exercises the functions of both the head of state and the legislative and executive powers, and controls justice.

The monarchical form of government takes place in a number of countries around the world (Great Britain, the Netherlands, Japan, etc.).

Monarchies can be of two types:

1) absolute - the supreme power by law belongs entirely to the monarch. The main feature of an absolute monarchy is the absence of government bodies that limit the power of the ruler;

2) limited – can be constitutional, parliamentary and dualistic.

A constitutional monarchy is one in which there is a representative body that significantly limits the power of the monarch. Most often, this restriction is implemented by the constitution, which is approved by parliament.

Signs of a parliamentary monarchy:

1) the government is formed from representatives of parties (or parties) that received a majority in parliamentary elections;

2) in the legislative, executive and judicial spheres, the power of the monarch is practically absent (it is symbolic in nature).

At dualistic monarchy:

1) state power is both legally and in practice divided between the government, which is formed by the monarch and parliament;

2) the government, unlike a parliamentary monarchy, does not depend on the party composition of parliament and is not responsible to it.

The republican form of government is the most common in modern states. Its main forms are presidential and parliamentary republics.

In a presidential republic:

1) the president has significant powers and is simultaneously the head of state and government;

2) the government is formed extra-parliamentarily;

3) strict separation of powers into legislative, executive and judicial. The main feature of this division is the greater independence of state bodies in relation to each other.

This form of government exists, for example, in the USA. Russian Federation can also be classified as a presidential republic.

In a parliamentary republic:

1) the government is formed on a parliamentary basis and is responsible to it;

2) the head of state performs representative functions, although according to the constitution his powers can be extensive;

3) the government occupies the main place in the state mechanism and governs the country;

4) the president is elected by parliament and exercises his power with the approval of the government.

4. Form of government: concept and types.

Form of government call the political-territorial structure of the state, the features of the relationship between central and local authorities. The state, having reached a certain level of population and territory size, begins to divide into parts that have their own authorities. Depending on the form of government, simple and complex states are distinguished.

Simple (unitary) states are called united and centralized states, which consist of administrative-territorial units that are completely subordinate to the central authorities, do not have signs of statehood. They do not have political independence, but in the economic, social, and cultural spheres, as a rule, they are endowed with great powers. Such states, in particular, are France, Norway, etc.

Signs of a unitary state: 1) unity and sovereignty; 2) administrative units do not have political independence; 3) a single, centralized state apparatus; 4) a unified legislative system; 5) unified tax system.

Depending on the method of exercising control, the following types of simple (unitary) state can be distinguished:

1) centralized (local authorities are formed from representatives of the center);

2) decentralized, where elected bodies of local self-government function;

3) mixed;

4) regional, which consist of political autonomies with their own representative bodies and administration.

Complex states are those that consist of state entities with varying degrees of state sovereignty. The following types of complex states can be distinguished: 1) federation; 2) confederation; 3) empire.

Federation- is the unification of several independent states into one state. Such states, in particular, are the United States and the Russian Federation.

Signs of a federation:

1) the presence of independence among the subjects of the state;

2) union state;

3) functioning, along with general federal legislation, of the legislation of the constituent entities of the federation;

4) two-channel tax payment system.

Depending on the principle of formation of subjects, there are the following types of federations:

1) national-state;

2) administrative-territorial;

3) mixed.

Confederation– these are interstate associations or temporary legal unions sovereign states, which are created to solve political, social, economic problems.

Unlike a federation, a confederation is characterized by:

1) lack of sovereignty, unified legislation, unified monetary system, unified citizenship;

2) joint resolution by the subjects of the confederation of common issues for the implementation of which they united;

3) voluntary secession from the state and the abolition of general confederal laws and regulations (which are advisory in nature) on its territory.

An empire is a state that is formed as a result of the conquest of foreign lands, the constituent parts of which have varying degrees of dependence on the supreme power.

5. The concept of law, its meaning, characteristics and principles.

Right- a set of generally binding norms established by the state that regulate social relations, expressed in official form and ensured by state coercion.

It is necessary to highlight the following meanings in which the term “law” can be interpreted:

1) right– this is a set of rules of behavior generally binding for all members of society, formalized in the form of legal norms;

2) right– an integral part of the individual (an example would be constitutional rights – the right to work, the right to housing, etc.);

3) right– an integral social category; This is a system of generally binding, formally defined norms that express the state will of society, its universal and class character, as well as those published or sanctioned by the state and protected from violations along with measures of education and persuasion, and the possibility of state coercion. The importance of law is very great: it regulates relations in society in the spheres of economics, politics and other relations; protects the legal rights and interests of citizens.

Signs of entitlement:

1) normativity;

2) general character;

3) universal obligatory;

4) formal certainty.

Law as a phenomenon is based on basic principles that reflect its essence. These include:

1) equality of all before the law and the court - regardless of social status, material condition, gender, attitude to religion, etc.;

2) a combination of rights and obligations - the right of one citizen can be realized through the obligation of another citizen;

3) social justice;

4) humanism – respect for individual rights and freedoms;

5) democracy - power belongs to the people, but is exercised through legal institutions;

6) a combination of natural (the right to life and freedom belonging to a person by nature) and positive (created or enshrined by the state) right;

7) a combination of persuasion and coercion. The last principle requires some specification. The combination of persuasion and coercion in law enforcement practice is called legal regulation. The method of persuasion is the main one, based on the good will of the subject of the legal relationship. This method includes legal educational work (familiarizing the population with the rules of law). It allows you to achieve results without the use of violence. In cases where a positive result cannot be achieved through persuasion measures, it is necessary to use another method of influence, called coercion. The use of coercion is permitted in a procedural form established by law (for example, arrest, punishment, etc.). Legal regulation is a form of legal influence carried out using legal means.

6. Theories of the emergence of law

Theological theory comes from the divine Origin of law as eternal, expressing God's will and the highest reason of the phenomenon. But it does not deny the presence of natural and human (humanistic) principles in law. Theological theory was one of the first to connect law with goodness and justice. This is its undoubted advantage. At the same time, the theory under consideration is not based on scientific evidence and arguments, but on faith.

Natural law theory(widespread in many countries of the world) is distinguished by a great pluralism of opinions of its creators on the issue of the origin of law. Proponents of this theory believe that there is a parallel existence of positive law, created by the state through legislation, and natural law.

If positive law arises at the will of people and the state, then the reasons for the emergence of natural law are different. According to Voltaire, natural law follows from the laws of nature; it is inscribed by nature itself in the human heart. Natural law was also derived from the eternal justice inherent in people, from moral principles. But in all cases, natural law is not created by people, but arises on its own, spontaneously; people somehow only recognize it as a certain ideal, a standard of universal justice.

In natural law theory The anthropological explanation of law and the reasons for its emergence dominates. If law is generated by the unchanging nature of man, then it is eternal and unchangeable as long as man exists. However, such a conclusion can hardly be considered scientifically substantiated.

Creator of normativist theory law G. Kelsen derived law from law itself. Law, he argued, is not subject to the principle of causality and draws strength and effectiveness from itself. For Kelsen, the problem of the causes of the emergence of law did not exist at all.

Psychological theory rights(L. Petrazhitsky and others) sees the reasons for legal formation in the psyche of people, in “imperative-attributive legal experiences.” Law is “a special kind of complex emotional-intellectual mental processes occurring in the sphere of the individual’s psyche.”

Marxist concept of origins rights are consistently materialistic. Marxism convincingly proved that the roots of law lie in economics, in the basis of society. Therefore, law cannot be higher than economics; it becomes illusory without economic guarantees. This is the undoubted advantage of Marxist theory. At the same time, Marxism also strictly connects the genesis of law with classes and class relations, and sees in law only the will of the economically dominant class. However, law has deeper roots than classes; its emergence is also predetermined by other general social reasons.

Conciliatory theory of law. Western scientific circles adhere to it. Law arose not to regulate relations within a clan, but to regulate relations between clans. First, reconciliation agreements arose between the warring clans, then certain rules, which established various sanctions, all this became more complicated, and thus law arose. Law could not arise within the clan, since it was not required there; there were practically no conflicts within the clan.

Regulatory theory of law– Asian scientific circles. Law arises to establish and maintain a natural order for the entire country, primarily to regulate agricultural and agricultural production.

7. Sources of law.

1) legal custom- the first form of law, a historically established rule of behavior. It must be taken into account that not only generally recognized customs, but also customs approved by the state become legal. It is the state that gives them mandatory legal force. For example, the Laws of the Twelve Tables in Ancient Rome, Laws of Draco in Athens.

2) precedent(judicial, administrative) – court decisions, the principles of which courts are obliged to apply as a model when considering similar situations. Courts are obliged not to create legal norms, but to apply them. This form of law (precedent) has become widespread in a number of countries, namely in the UK, USA, Canada, Australia, etc.

3) regulatory agreement– an agreement between the parties containing rules of law. For example, international treaties, Treaty on the formation of the USSR of December 30, 1922, collective agreements between enterprise employees and administration.

4) legal act – official document, issued in the manner prescribed by the legislation of the country by the relevant body, containing the rules of law (laws, codes, Government resolutions, Presidential decrees, etc.). It is adopted in compliance with the appropriate procedure, has the form provided for by law, comes into force in accordance with a certain procedure, and is subject to mandatory publication within the period specified by law from the moment of its adoption.

8. Types of legal systems.

Legal system- this is a set of interrelated legal phenomena taken on the scale of one or several countries, over a certain period of time: positive law and its principles, legal consciousness, sources of law, activities of people and organizations that have legal significance. Traditionally, there are three main systems of law:

Continental, or Romano-Germanic, legal system.

The main features of this system:

a) the source of law is regulatory Act;

b) lawmaking is carried out by specially authorized bodies (parliaments, governments, heads of state);

c) this system of law arose on the basis of the reception of Roman law;

d) all branches of law are divided into private and public. This legal system is characteristic of Germany, France, Italy, Austria, Russia, etc.

Related information.

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

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

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.

State power 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.

Charged from the population taxes and loans received from him 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 historically established boundaries.

§ Universality - the state acts on behalf of the entire society and extends its power to the entire territory.

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

Attributes of the state

§ Territory - determined by the boundaries separating the spheres of sovereignty of individual states.

§ Population - subjects of the state to whom its power extends and under whose protection they are.

§ Apparatus - 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.

These include: 1) territory. The state is a single territorial organization of 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 different countries in different ways: districts, regions, territories, districts, provinces, districts, municipalities, counties, provinces, etc. Exercising power over 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 to this society and the state, composition, citizenship, procedure for 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 such a property state power, which 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) availability special means influence (coercion) that no other public organization. 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, legislation, the state is not able to effectively manage society, ensure the unconditional implementation of its decisions. Among the many political organizations, only the state, represented by its competent authorities, issues decrees that are binding on the entire population of the country, unlike other norms. public life(moral norms, customs, traditions). Legal norms are provided with measures of state coercion with the help of special bodies (courts, administration, etc.); 6) mandatory fees from citizens - taxes, taxes, loans. The state establishes them to maintain public authority. Compulsory fees are used by the state for the maintenance of the army, police and other enforcement agencies, the state apparatus, and so on. for other 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, which differ from the same attributes of other states. The state establishes the rules of official behavior, forms of addressing people to each other, greetings, etc.

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

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

Only the state has the right to issue normative legal acts that are binding for everyone.

Without law and legislation, the state is unable to effectively lead society. Law allows the authorities to make their decisions generally binding on the population of the entire country in order to direct the behavior of the people in the right direction. Being the official representative of the entire society, the state, in necessary cases, demands legal norms with the help of special bodies - courts, administrations, and so on.

Only the state collects taxes and fees from the population.

Taxes are mandatory and gratuitous payments collected within predetermined periods in certain amounts. Taxes are necessary to maintain government bodies, law enforcement, army, to maintain social sphere, to create reserves in case emergency situations and to perform other general affairs.

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

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 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.

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. According to the first concept, the state arises in the course of natural development 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 a 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 substantiated during the formation of institutions civil society(XVIII - XIX centuries), when the political system becomes more complex and social structure society, 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 authorities and state security, 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

Main subject political activity recognized by the state. 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 publicly funded.

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 the conduct of 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 bodies and solve 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 (these are the tribe and primitive race). On present stage the concepts of society and the 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 agency, 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 common features, 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 the boundaries, to which the laws and powers of the state apply;
sovereignty - supreme power over all citizens living in a certain territory, their institutions and organizations;
monopoly on the legal use of force. Only the state has “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 levy taxes and fees from the population, which are necessary for the maintenance of state bodies and the material support of state policy: defense, economic, social, etc.;
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 whole of society as a whole and to protect common interests and goals. In reality, no state or other organization is able to fully reflect the interests of all social groups, classes and individual citizens of society.

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

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.

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