A special organization of political power in a community. "The political system of the Russian Federation" (Preparation for the exam). Need help with a topic

Ministry of Education of the Republic of Belarus

educational institution

"Vitebsk State Technological University"

Department of Philosophy

Test

Political power

Completed:

Stud. gr. for A-13 IV course

Kudryavtsev D.V.

Checked:

Art. pr. Grishanov V.A.

Sources and resources of political power

Problems of legitimate power

Literature

1. The essence of political power, its objects, subjects and functions

Power is the ability and ability of a subject to exercise his will, to exert a decisive influence on the activity, behavior of another subject with the help of any means. In other words, power is a volitional relationship between two subjects, in which one of them - the subject of power - makes certain demands on the behavior of the other, and the other - in this case it will be a subject subject, or an object of power - obeys the orders of the first.

Power as a relationship between two subjects is the result of actions that produce both sides of this relationship: one - encourages a certain action, the other - carries it out. Any power relation assumes as an indispensable condition for the expression in any form by the ruling (dominant) subject of his will, addressed to the one over whom he exercises power.

The external expression of the will of the dominant subject can be a law, decree, order, order, directive, prescription, instruction, rule, prohibition, instruction, requirement, wish, etc.

Only after the subject under control understands the content of the demand addressed to him, can we expect him to take any response. However, even at the same time, the one to whom the demand is addressed can always answer it with a refusal. An authoritative attitude also implies the existence of a reason that induces the object of power to carry out the command of the dominant subject. In the above definition of power, this reason is designated by the concept of "means". Only if it is possible for the dominant subject to use the means of subordination, the power relation can become a reality. The means of subordination or, in more common terminology, the means of influence (imperious influence) are those socially significant physical, material, social, psychological and moral factors for the subjects of public relations that the subject of power can use to subordinate to his will the activities of the subject subject (object of power) . Depending on the means of influence used by the subject, power relations can take at least the form of force, coercion, inducement, persuasion, manipulation or authority.

Power in the form of strength means the ability of the subject to achieve the desired result in relations with the subject, either by directly influencing his body and psyche, or by limiting his actions. In coercion, the source of obedience to the command of the dominant subject lies in the threat of negative sanctions if the subject refuses to obey. Motivation as a means of influence is based on the ability of the subject of power to provide the subject with those benefits (values ​​and services) in which he is interested. In persuasion, the source of power influence lies in the arguments that the subject of power uses to subdue his will to the activities of the subject. Manipulation as a means of submission is based on the ability of the subject of power to exercise a hidden influence on the behavior of the subject. The source of subordination in a power relationship in the form of authority is a certain set of characteristics of the subject of power, which the subject cannot but reckon with and therefore he obeys the requirements presented to him.

Power is an indispensable side of human communication; it is due to the need to submit to the unified will of all participants in any community of people in order to ensure its integrity and stability. Power is universal in nature, it permeates all types of human interaction, all spheres of society. A scientific approach to the analysis of the phenomenon of power requires taking into account the multiplicity of its manifestations and clarifying the specific features of its individual types - economic, social, political, spiritual, military, family and others. The most important type of power is political power.

The central problem of politics and political science is power. The concept of "power" is one of the fundamental categories of political science. It provides the key to understanding the whole life of society. Sociologists talk about social power, lawyers - about state power, psychologists - about power over oneself, parents - about family power.

Power has historically emerged as one of the vital functions of human society, ensuring the survival of the human community in the face of a possible external threat and creating guarantees for the existence of individuals within this community. The natural nature of power is manifested in the fact that it arises as a society's need for self-regulation, for maintaining integrity and stability in the presence of different, sometimes opposing interests of people.

Naturally, the historical nature of power is also manifested in its continuity. Power never disappears, it can be inherited, taken away by other interested persons, it can be radically transformed. But any group or individual coming to power cannot but reckon with the overthrown government, with the traditions, consciousness, culture of power relations accumulated in the country. Continuity is also manifested in the active borrowing by countries from each other of the universal experience in the implementation of power relations.

It is clear that power arises under certain conditions. The Polish sociologist Jerzy Wyatr believes that for the existence of power, at least two partners are needed, and these partners can be both individuals and groups of individuals. The condition for the emergence of power should also be the subordination of the one over whom power is exercised to the one who exercises it in accordance with social norms that establish the right to give orders and the duty to obey.

Consequently, power relations are a necessary and indispensable mechanism for regulating the life of society, ensuring and maintaining its unity. This confirms the objective nature of power in human society.

German sociologist Max Weber defines power as a possibility actor to realize one's own will even in spite of the resistance of other participants in the action and regardless of what this possibility is based on.

Power is a complex phenomenon that includes various structural elements located in a certain hierarchy (from the highest to the lowest) and interacting with each other. The system of power can be represented as a pyramid, the top of which is those who exercise power, and the bottom - those who obey it.

Power is an expression of the will of society, a class, a group of people and an individual. This confirms the conditionality of power by the relevant interests.

An analysis of political science theories shows that in modern political science there is no single generally accepted understanding of the essence and definition of power. This, however, does not exclude similarities in their interpretation.

In this regard, several concepts of power can be distinguished.

An approach to the consideration of power, which studies political processes in conjunction with social processes and psychological motives of people's behavior, underlies the behaviorist (behavioral concepts of power. The basics of the behavioral analysis of politics are set out in the work of the founder of this school, the American researcher John B. Watson "Human nature in politics ". The phenomena of political life are explained by him by the natural properties of a person, his life behavior. Human behavior, including political, is a response to actions environment. Therefore, power is a special type of behavior based on the possibility of changing the behavior of other people.

The relational (role-playing) concept understands power as interpersonal relationship subject and object of power, assuming the possibility of volitional influence of some individuals and groups on others. This is how the American political scientist Hans Morgenthau and the German sociologist M. Weber define power. In modern Western political literature, the definition of power by G. Morgenthau is widespread, interpreted as the exercise by a person of control over the consciousness and actions of other people. Other representatives of this concept define power as the ability to exercise one's will either through fear, or through the refusal of someone in reward or in the form of punishment. The last two methods of influence (refusal and punishment) are negative sanctions.

The French sociologist Raymond Aron rejects almost all definitions of power known to him, considering them formalized and abstract, not taking into account psychological aspects, not clarifying the exact meaning of such terms as "strength", "power". Because of this, according to R. Aron, an ambiguous understanding of power arises.

Power as a political concept means relationships between people. Here R. Aron agrees with the relationists. At the same time, Aron argues, power denotes hidden opportunities, abilities, forces that manifest themselves under certain circumstances. Therefore, power is the potency owned by a person or group to establish relationships with other people or groups that agree with their desires.

Within the framework of the systemic concept, the authorities ensure the vital activity of society as a system, instructing each subject to fulfill the obligations imposed on him by the goals of society, and mobilize resources to achieve the goals of the system. (T. Parsons, M. Crozier, T. Clark).

American political scientist Hannah Arendt notes that power is not the answer to the question of who controls whom. Power, X. Arendt believes, is in full accordance with the human ability not only to act, but to act together. Therefore, first of all, it is necessary to study the system of social institutions, those communications through which power is manifested and materialized. This is the essence of the communication (structural and functional) concept of power.

The definition of power given by American sociologists Harold D. Lasswell and A. Kaplan in their book "Power and Society" is as follows: power is participation or the ability to participate in decision-making that regulates the distribution of benefits in conflict situations. This is one of the fundamental provisions of the conflict concept of power.

Close to this concept is the teleological concept, the main position of which was formulated by the English liberal professor, the famous fighter for peace Bertrand Russell: power can be a means to achieve certain goals.

The commonality of all concepts is that power relations are considered in them, first of all, as relations between two partners influencing each other. This makes it difficult to single out the main determinant of power - why, nevertheless, one can impose his will on another, and this other, although he resists, must still fulfill the imposed will.

The Marxist concept of power and the struggle for power is characterized by a clearly defined class approach to the social nature of power. In the Marxist understanding, power is dependent, secondary. This dependence follows from the manifestation of the will of the class. Even in the "Manifesto of the Communist Party" K. Marx and F. Engels determined that "political power in the proper sense of the word is the organized violence of one class over another" (K. Marx. F. Engels Soch., ed. 2nd, v.4, p:447).

All of these concepts, their multivariance testify to the complexity and diversity of politics and power. In this light, one should not sharply oppose class and non-class approaches to political power, the Marxist and non-Marxist understanding of this phenomenon. All of them complement each other to a certain extent and allow you to create a complete and most objective picture. Power as one of the forms of social relations is capable of influencing the content of people's activities and behavior through economic, ideological and legal mechanisms.

Thus, power is an objectively determined social phenomenon, expressed in the ability of a person or group to manage others based on certain needs or interests.

Political power is a volitional relationship between social entities that make up a politically (i.e. state) organized community, the essence of which is to induce one social entity to behave in the direction desired by itself through the use of its authority, social and legal norms, organized violence , economic, ideological, emotional-psychological and other means of influence. Political-power relations arise in response to the need to maintain the integrity of the community and regulate the process of realizing the individual, group and common interests of its constituent people. The phrase political power also owes its origin to the ancient Greek polis and literally means power in the polis community. The modern meaning of the concept of political power reflects the fact that everything is political, i.e. a state-organized community of people, with its fundamental principle, presupposes the presence among its participants of relations of domination and subordination and the necessary attributes associated with them: laws, police, courts, prisons, taxes, etc. In other words, power and politics are inseparable and interdependent. Power, of course, is a means of implementing policy, and political relations are, first of all, the interaction of community members regarding the acquisition of means of power influence, their organization, retention and use. It is power that gives politics that originality, thanks to which it appears as a special kind of social interaction. And that is why political relations can be called political-power relations. They arise in response to the need to maintain integrity. political community and regulation of the implementation of individual, group and common interests of its constituent people.

Thus, political power is a form of social relations inherent in a politically organized community of people, characterized by the ability of certain social subjects - individuals, social groups and communities - to subordinate to their will the activities of other social subjects with the help of state-legal and other means. Political power is a real ability and opportunity social forces carry out their will in politics and legal norms, primarily in accordance with their needs and interests.

The functions of political power, i.e. its public purpose, the same as the functions of the state. Political power is, firstly, a tool for maintaining the integrity of the community and, secondly, a means of regulating the process of realization by social subjects of their individual, group and common interests. This is the main function of political power. Its other functions, the list of which may be longer (for example, leadership, management, coordination, organization, mediation, mobilization, control, etc.), are of subordinate importance in relation to these two.

Separate types of power can be distinguished on various grounds adopted for classification:

Other bases for classifying the types of power can be accepted: absolute, personal, family, clan power, etc.

Political science is the study of political power.

Power in society appears in non-political and political forms. In the conditions of the primitive communal system, where there were no classes, and therefore no state, and no politics, public power was not of a political nature. It constituted the power of all members of a given clan, tribe, community.

Non-political forms of power are characterized by the fact that the objects are small social groups and it is exercised directly by the ruling individual without a special intermediary apparatus and mechanism. To not political forms family, school power, power in the production team, etc.

Political power arose in the process of development of society. As property appears and accumulates in the hands of certain groups of people, there is a redistribution of managerial and administrative functions, i.e. change in the nature of power. From the power of the whole society (primitive), it turns into the ruling strata, becomes a kind of property of the emerging classes and, as a result, acquires a political character. In a class society, governance is exercised through political power. Political forms of power are characterized by the fact that their object is large social groups, and power in them is exercised through social institutions. Political power is also a volitional relationship, but a relationship between classes, social groups.

Political power has a number of characteristic features that define it as a relatively independent phenomenon. It has its own laws of development. To be stable, power must take into account the interests of not only the ruling classes, but also the subordinate groups, as well as the interests of the whole society. characteristic features political power are: sovereignty and its supremacy in the system of relations in society, as well as indivisibility, authority and strong-willed character.

Political power is always imperative. The will and interests of the ruling class, groups of people through political power acquire the form of law, certain norms that are binding on the entire population. Disobedience to laws and non-compliance with regulations entails legal, legal punishment up to and including coercion to comply with them.

The most important feature political power is its close connection with the economy, economic conditionality. Since the most important factor in the economy is property relations, the economic basis of political power is the ownership of the means of production. The right to property also gives the right to power.

At the same time, representing the interests of the economically dominant classes and groups and being conditioned by these interests, political power has an active impact on the economy. F. Engels names three directions of such influence: political power acts in the same direction as the economy - then the development of society goes faster; against economic development - then after a certain period of time political power collapses; the authorities can put barriers to economic development and push it in other directions. As a result, F. Engels emphasizes, in the last two cases, political power can cause the greatest harm to economic development and cause a massive waste of forces and material (Marx K. and Engels F. Soch., ed. 2nd vol. 37. p. 417).

Thus, political power acts as a real ability and possibility of an organized class or social group, as well as individuals reflecting their interests, to carry out their will in politics and legal norms.

First of all, state power belongs to the political forms of power. It is necessary to distinguish between political power and state power. Every state power is political, but not every political power is state power.

IN AND. Lenin, criticizing the Russian populist P. Struve for recognizing coercive power as the main feature of the state, wrote "... coercive power is in every human community, and in the tribal structure, and in the family, but the state was not here. ... The sign of the state is the presence of an isolated a class of persons in whose hands power is concentrated "(Lenin V.I. Paul. sobr. soch. T. 2, p. 439).

State power is power exercised with the help of a special apparatus and having the ability to turn to the means of organized and legally enshrined violence. State power is so inseparable from the state that in the scientific literature of practical use these concepts are often identified. A state can exist for some time without a clearly defined territory, a strict delimitation of borders, without a precisely defined population. But without the power of the state there is no.

The most important features of state power are its public nature and the presence of a certain territorial structure, which is subject to state sovereignty. The state has a monopoly not only on the legal, legal consolidation of power, but also the monopoly right to use violence, using a special apparatus of coercion. Orders of the state power are obligatory for the entire population, foreign citizens and persons without citizenship, and permanently residing in the territory of the state.

State power performs a number of functions in society: it establishes laws, administers justice, manages all aspects of the life of society. The main functions of the government are:

Ensuring domination, that is, the implementation of the will of the ruling group in relation to society, the subordination (full or partial, absolute or relative) of some classes, groups, individuals to others;

Management of the development of society in accordance with the interests of the ruling classes, social groups;

management, i.e. implementation in practice of the main directions of development and the adoption of specific management decisions;

Control involves the implementation of supervision over the implementation of decisions and compliance with the norms and rules of human activity.

The actions of the state authorities to implement their functions are the essence of politics. Thus, state power represents the fullest expression of political power, is political power in its most developed form.

Political power can also be non-state. Such are party and military. There are many examples in history when the army or political parties during the period of national liberation wars controlled large territories without creating state structures on them, exercising power through military or party bodies.

The implementation of power is directly related to the subjects of politics, which are the social bearers of power. When power is won, and a certain subject of politics becomes the subject of power, the latter acts as a means of influencing the dominant social group on other associations of people in this society. The body of such influence is the state. With the help of its organs, the ruling class or the ruling group strengthens its political power, realizes and defends its interests.

Political power, like politics, is inextricably linked with social interests. On the one hand, power itself is a social interest around which political relations arise, form and function. The severity of the struggle for power is due to the fact that the possession of a mechanism for exercising power makes it possible to protect and realize certain socio-economic interests.

On the other hand, social interests have a decisive influence on power. The interests of social groups are always hidden behind the relations of political power. “People have always been and always will be stupid victims of deception and self-deception in politics until they learn to look for the interests of certain classes behind any moral, religious, political, social phrases, statements, promises,” V.I. Lenin (Poln. sobr. soch., vol. 23, p. 47).

Political power, thus, acts as a certain aspect of relations between social groups, it is the realization of the volitional activity of a political subject. Subject-object relations of power are characterized by the fact that the difference between objects and subjects is relative: in some cases, a given political group can act as a subject of power, and in others - as an object.

The subjects of political power are a person, a social group, an organization that implement a policy or are able to relatively independently participate in political life in accordance with their interests. An important feature of a political subject is its ability to influence the position of others and cause significant changes in political life.

The subjects of political power are unequal. The interests of various social groups have either a decisive or indirect influence on the authorities, their role in politics is different. Therefore, among the subjects of political power, it is customary to distinguish between primary and secondary. Primary are characterized by the presence of their own social interests. These are classes, social strata, nations, ethnic and confessional, territorial and demographic groups. Secondary ones reflect the objective interests of the primary ones and are created by them to realize these interests. These include political parties, the state, public organizations and movements, church.

The interests of those subjects that occupy a leading position in the economic system of society constitute the social basis of power.

It is these social groups, communities, individuals who use, set in motion the forms and means of power, fill them with real content. They are called social bearers of power.

However, the entire history of mankind testifies that the ruling class, the ruling political groups or elites, the professional bureaucracy - the administrative apparatus - political leaders have real political power.

The ruling class personifies the main material force of society. He exercises supreme control over the basic resources of society, production and its results. Its economic dominance is guaranteed by the state through political measures and is complemented by ideological dominance that justifies economic dominance as justified, just, and even desirable.

K. Marx and F. Engels wrote in their work "The German Ideology": "The class that represents the dominant material force of society is at the same time its dominant spiritual force.

The dominant thoughts are nothing but the ideal expression of the dominant material relations.

Thus, occupying key positions in the economy, the ruling class also concentrates the main political levers, and then spreads its influence to all spheres of public life. The ruling class is the class that dominates in the economic, social, political and spiritual fields, which determines social development in accordance with its will and fundamental interests. The main instrument of his domination is political power.

The ruling class is not homogeneous. In its structure, there are always internal groups with conflicting, even opposing interests (traditional small and middle strata, groups representing the military-industrial and fuel and energy complexes). Certain moments of social development in the ruling class can be dominated by the interests of certain internal groups: the 60s of the XX century were characterized by politics " cold war", reflecting the interest of the military-industrial complex (MIC). Therefore, the ruling class, in order to exercise power, forms a relatively small group that includes the top of various layers of this class - an active minority that has access to the tools of power. Most often it is called the ruling elite, sometimes ruling or the ruling circles. steering group includes economic, military, ideological, bureaucratic elite. One of the main elements of this group is the political elite.

Elite is a group of individuals who have specific characteristics and professional qualities that make them "elected" in one or another area of ​​public life, science, and production. The political elite is a fairly independent, superior, relatively privileged group (groups), endowed with important psychological, social and political qualities. It is made up of people who occupy leading or dominant positions in society: the country's top political leadership, including the top functionaries who develop political ideology. The political elite expresses the will and fundamental interests of the ruling class and, in accordance with them, directly and systematically participates in the adoption and implementation of decisions related to the use of state power or influence on it. Naturally, the ruling political elite formulates and makes political decisions on behalf of the ruling class in the interests of its dominant part, social stratum or group.

In the system of power, the political elite performs certain functions: it makes decisions on fundamental political issues; determines the goals, guidelines and priorities of the policy; develops a strategy of action; consolidates groups of people through compromises, taking into account the requirements and harmonizing the interests of all political forces that support it; manages the most important political structures and organizations; formulates the main ideas that substantiate and justify its political course.

The ruling elite performs direct leadership functions. Everyday activities for the implementation of the decisions taken, all the necessary for this event, is carried out by a professional bureaucratic and administrative apparatus, bureaucracy. As an integral element of the ruling elite of modern society, it plays the role of an intermediary between the top and bottom of the pyramid of political power. Historical epochs and political systems change, but the constant condition for the functioning of power remains the apparatus of officials, which is entrusted with the responsibility and management of daily affairs.

A bureaucratic vacuum - the absence of an administrative apparatus - is fatal for any political system.

M. Weber emphasized that the bureaucracy embodies the most effective and rational ways of managing organizations. Bureaucracy is not only a management system carried out with the help of a separate apparatus, but also a layer of people associated with this system, competently and qualifiedly, performing managerial functions at a professional level. This phenomenon, which is called the bureaucratization of power, is due not so much to the professional functions of officials as to the social nature of the bureaucracy itself, which strives for independence, isolation of the rest of society, achieving a certain autonomy, and implementing the developed political course without taking into account public interests. In practice, it develops its own interests, while claiming the right to make political decisions.

Substituting the public interests of the state and transforming the state goal into the personal goal of an official, into a race for ranks, in career matters, the bureaucracy arrogates to itself the right to dispose of what does not belong to it - power. A well-organized and powerful bureaucracy can impose its will and thereby partially become a political elite. That is why bureaucracy, its place in power and methods of dealing with it have become an important problem in any modern society.

Social carriers of power, i.e. sources of practical political activity for the exercise of power can be not only the ruling class, the elite and the bureaucracy, but also individuals expressing the interests of a large social group. Each such person is called a political leader.

The subjects that influence the exercise of power include pressure groups (groups of particular, private interests). Pressure groups are organized associations created by representatives of certain social strata to exert targeted pressure on legislators and officials in order to satisfy their own specific interests.

One can talk about a pressure group only when it and its actions have the ability to systematically influence the authorities. The essential difference between a pressure group and a political party is that the pressure group does not seek to seize power. The pressure group, addressing wishes to a state body or a specific person, simultaneously makes it clear that failure to fulfill its wishes will lead to negative consequences: to the denial of support in elections or financial assistance, loss of office or social position by any influential person. Lobbies can be considered as such groups. Lobbying as a political phenomenon is one of the varieties of pressure groups and acts in the form of various committees, commissions, councils, bureaus created under legislative and governmental organizations. The main task of the lobby is to establish contacts with politicians and officials in order to influence their decisions. Lobbyism is distinguished by behind-the-scenes overorganization, intrusive and persistent striving to achieve certain and not necessarily lofty goals, and adherence to the interests of narrow groups striving for power. The means and methods of lobbying activities are diverse: informing and consulting on political issues, threats and blackmail, corruption, bribery and bribes, gifts and wishes to speak at parliamentary hearings, financing of election campaigns of candidates and much more. Lobbyism originated in the United States and has spread widely in other countries with a traditionally developed system of parliamentarism. Lobbies also exist in the American Congress, the British Parliament, and in the corridors of power in many other countries. Such groups are created not only by representatives of capital, but also by the military, some social movements, and associations of voters. This is one of the attributes of the political life of modern developed countries.

The opposition also has an influence on the exercise of political power, in a broad sense, the opposition is the usual political disagreements and disputes on current issues, all direct and indirect manifestations of public dissatisfaction with the existing regime. It is also believed that the opposition is a minority that opposes its views and the goals of the majority of participants in this political process. At the first stage of the emergence of the opposition, this was how it was: an active minority with its own views acted as the opposition. In a narrow sense, the opposition is seen as a political institution: political parties, organizations and movements that do not participate or are removed from power. The political opposition is understood as an organized group of active individuals united by the awareness of the commonality of their political interests, values ​​and goals, fighting against the dominant subject. The opposition becomes a public political association, which consciously opposes itself to the dominant political force on programmatic policy issues, on the main ideas and goals. The opposition is an organization of political like-minded people - a party, a faction, a movement capable of waging and waging a struggle for a dominant position in power relations. It is a natural consequence of socio-political contradictions and exists in the presence of favorable political conditions for it - at least, the absence of an official ban on its existence.

Traditionally, there are two main types of opposition: non-systemic (destructive) and systemic (constructive). The first group includes those political parties and groups whose action programs completely or partially contradict official political values. Their activities are aimed at weakening and replacing state power. The second group includes parties that recognize the inviolability of the basic political, economic and social principles of society and do not agree with the government only in choosing ways and means to achieve common strategic goals. They operate within the existing political system and do not seek to change its foundations. Giving opposition forces the opportunity to express their own, different from the official, point of view and compete for votes in legislative, regional, judicial authorities, in the media with the ruling party is an effective remedy against the emergence of acute social conflicts. The absence of a viable opposition leads to an increase in social tension or generates apathy among the population.

First of all, the opposition is the main channel for expressing social discontent, an important factor in future changes and renewal of society. By criticizing the authorities and the government, it has the opportunity to achieve fundamental concessions and correct official policy. The presence of an influential opposition limits the abuse of power, prevents the violation or attempts to violate the civil, political rights and freedoms of the population. It prevents the government from deviating from the political center and thus maintains social stability. The existence of the opposition testifies to the struggle for power going on in society.

The struggle for power reflects the tense, rather conflicting degree of confrontation and counteraction of the existing social forces of political parties in matters of attitude to power, to understanding its role, tasks and capabilities. It can be carried out on a different scale, as well as using a variety of means, methods, with the involvement of various allies. The struggle for power always ends with the taking of power - the mastery of power with its use for certain purposes: a radical reorganization or the elimination of the old power. The mastery of power can be the result of volitional actions, both peaceful and violent.

History has shown that the progressive development of the political system is possible only in the presence of competing forces. Absence alternative programs, including the proposed oppositions, reduces the need for timely correction of the program of action adopted by the winning majority.

During the last two decades of the 20th century, new opposition parties and movements appeared on the political scene: green, environmental, social justice and the like. They are a significant factor in the socio-political life of many countries, they have become a kind of catalyst for the renewal of political activity. These movements place the main emphasis on extra-parliamentary methods of political activity, however, they have, although indirect, indirect, but still, an impact on the exercise of power: their demands and appeals, under certain conditions, can become political in nature.

Thus, political power is not only one of the core concepts of political science, but also the most important factor in political practice. Through its mediation and influence, the integrity of society is established, social relations in various spheres of life are regulated.

Power is a volitional relationship between two subjects, in which one of them - the subject of power - makes certain demands on the behavior of the other, and the other - in this case it will be a subject subject, or an object of power - obeys the orders of the first.

Political power is a volitional relationship between social entities that make up a politically (i.e. state) organized community, the essence of which is to induce one social entity to behave in the direction desired by itself through the use of its authority, social and legal norms, organized violence , economic, ideological, emotional-psychological and other means of influence.

There are types of power:

· according to the area of ​​functioning, political and non-political power are distinguished;

· in the main areas of society - economic, state, spiritual, church power;

· by functions - legislative, executive and judicial;

· according to their place in the structure of society and the authorities as a whole, central, regional, local authorities are singled out; republican, regional, etc.

Political science is the study of political power. Power in society appears in non-political and political forms.

Political power acts as a real ability and possibility of an organized class or social group, as well as individuals reflecting their interests, to carry out their will in politics and legal norms.

The political forms of power include state power. Distinguish between political and state power. Every state power is political, but not every political power is state power.

State power is power exercised with the help of a special apparatus and having the ability to turn to the means of organized and legally enshrined violence.

The most important features of state power are its public nature and the presence of a certain territorial structure, which is subject to state sovereignty.

State power performs a number of functions in society: it establishes laws, administers justice, manages all aspects of the life of society.

Political power can also be non-state: party and military.

The objects of political power are: society as a whole, various spheres of its life (economy, social relations, culture, etc.), various social communities (class, national, territorial, confessional, demographic), socio-political formations (parties, organizations), citizens.

The subjects of political power are a person, a social group, an organization that implement a policy or are able to relatively independently participate in political life in accordance with their interests.

Any subject of politics can be a social bearer of power.

The ruling class is the class that dominates in the economic, social, political and spiritual fields, which determines social development in accordance with its will and fundamental interests. The ruling class is not homogeneous.

The ruling class, in order to exercise power, forms a relatively small group that includes the top of the various strata of this class - an active minority that has access to the tools of power. Most often it is called the ruling elite, sometimes the ruling or ruling circles.

Elite is a group of individuals who have specific characteristics and professional qualities that make them "elected" in one or another area of ​​public life, science, and production.

The political elite is subdivided into the leading one, which directly owns state power, and the opposition - the counter-elite; to the higher one, which makes decisions that are significant for the whole society, and the middle one, which acts as a kind of barometer public opinion and includes about five percent of the population.

The social bearers of power can be not only the ruling class, the elite and the bureaucracy, but also individuals expressing the interests of a large social group. Each such person is called a political leader.

Pressure groups are organized associations created by representatives of certain social strata to exert targeted pressure on legislators and officials in order to satisfy their own specific interests.

The opposition also has an influence on the exercise of political power, in a broad sense, the opposition is the usual political disagreements and disputes on current issues, all direct and indirect manifestations of public dissatisfaction with the existing regime.

Traditionally, there are two main types of opposition: non-systemic (destructive) and systemic (constructive). The first group includes those political parties and groups whose action programs completely or partially contradict official political values.

The struggle for power reflects the tense, rather conflicting degree of confrontation and counteraction of the existing social forces of political parties in matters of attitude to power, to understanding its role, tasks and capabilities.

Political power is not only one of the core concepts of political science, but also the most important factor in political practice. Through its mediation and influence, the integrity of society is established, social relations in various spheres of life are regulated.

2. Sources and resources of political power

political power social legitimate

Sources of power - objective and subjective conditions that cause the heterogeneity of society, social inequality. These include strength, wealth, knowledge, position in society, the presence of an organization. The involved sources of power turn into the foundations of power - a set of significant factors in the life and activity of people, used by some of them to subordinate other people to their will. Power resources are the foundations of power used to strengthen it or redistribute power in society. The resources of power are secondary to its foundations.

Power resources are:

Generating social structures and institutions, streamlining the activities of people for the realization of a certain will, power destroys social equality.

Due to the fact that the resources of power can neither be completely exhausted nor monopolized, the process of redistribution of power in society is never completed. As a means of achieving various kinds of benefits and advantages, power is always a subject of struggle.

The resources of power constitute the potential foundations of power, i.e. those means that can be used by the ruling group to strengthen their power; power resources can be formed as a result of measures to strengthen power.

Sources of power - objective and subjective conditions that cause the heterogeneity of society, social inequality. These include strength, wealth, knowledge, position in society, the presence of an organization.

Power resources are the foundations of power used to strengthen it or redistribute power in society. The resources of power are secondary to its foundations.

Power resources are:

1.Economic (material) - money, real estate, valuables, etc.

2.Social - sympathy, support for social groups.

.Legal - legal norms that are beneficial for certain political subjects.

.Administrative-power - the powers of officials in state and non-state organizations and institutions.

.Cultural-informational - knowledge and information technologies.

.Additional - socio-psychological characteristics of various social groups, beliefs, language, etc.

The logic of conducting participants in power relations is determined by the principles of power:

1)the principle of maintaining power means that the possession of power is a self-evident value (one does not give up power of one's own free will);

2)the principle of effectiveness requires will and other qualities from the bearer of power (decisiveness, far-sightedness, balance, justice, responsibility, etc.);

)the principle of generality presupposes the involvement of all participants in power relations in the implementation of the will of the ruling subject;

)the principle of secrecy lies in the invisibility of power, in the fact that individuals often do not realize their involvement in domination-subordination relations and their contribution to their reproduction.

The resources of power constitute the potential bases of power.

3. Problems of legitimate power

In political theory, the problem of the legitimacy of power is of great importance. Legitimacy means legitimacy, legitimacy of political domination. The term "legitimacy" originated in France and was originally identified with the term "legality". It was used to refer to legally established power as opposed to forcibly usurped power. Currently, legitimacy means the voluntary recognition by the population of the legitimacy of power. M. Weber included two provisions in the principle of legitimacy: 1) recognition of the power of rulers; 2) the duty of the governed to obey it. The legitimacy of power means people's conviction that the government has the right to make decisions that are mandatory for implementation, the readiness of citizens to follow these decisions. In this case, the authorities have to resort to coercion. Moreover, the population allows the use of force if other means to implement the decisions taken do not have an effect.

M. Weber names three bases of legitimacy. First, the authority of customs, consecrated by centuries of tradition, and habit will submit to authority. This is the traditional domination - of the patriarch, tribal leader, feudal lord or monarch over his subjects. Secondly, the authority of an unusual personal gift - charisma, complete devotion and special trust, which is caused by the presence of the qualities of a leader in any person. Finally, the third type of legitimacy of power is domination on the basis of "legality", on the basis of the belief of participants in political life in justice. existing rules formation of power, that is, the type of power - rational-legal, which is carried out within the framework of the majority modern states. In practice, pure ideal types of legitimacy do not exist. They are intermingled and complement each other. Although the legitimacy of power is not absolute in any regime, it is the more complete, the less social distance between different groups of the population.

The legitimacy of power and politics is indispensable. It extends to power itself, its goals, means and methods. Legitimacy can be neglected to certain limits only by an overly self-confident government (totalitarian, authoritarian), or a temporary government doomed to leave. Power in society must constantly take care of its legitimacy, based on the need to rule with the consent of the people. However, in democratic countries, the ability of government, according to American political scientist Seymour M. Lipset, to create and maintain people's conviction that existing political institutions are the best, is not unlimited. In a socially differentiated society, there are social groups that do not share the political course of the government, do not accept it either in detail or in general. Trust in the government is not unlimited, it is given on credit, if the loan is not paid, the government becomes bankrupt. One of the serious political issues modernity has become the question of the role of information in politics. There are fears that the informatization of society strengthens authoritarian tendencies and even leads to dictatorship. The ability to obtain accurate information about every citizen and to manipulate the masses of people is maximized when using computer networks. The ruling circles know everything they need, and everyone else knows nothing.

Trends in information development lead political scientists to assume that the political power acquired by the majority through the concentration of information will not be exercised directly. Rather, this process will go through the strengthening of executive power while reducing the real power of official politicians and elected representatives, that is, through a decrease in the role of representative power. The ruling elite formed in this way may turn out to be a kind of "infocracy". The source of the power of the infocracy will not be any merit to the people or society, but only greater opportunities to use information.

Thus, the emergence of another type of power - information power - becomes possible. The status of information power, its functions depend on the political regime in the country. Information power cannot and should not be the prerogative, the exclusive right of state bodies, but can be represented by individuals, enterprises, domestic and international public associations, and local governments. Measures against monopolization of sources of information, as well as against abuse in the field of information, are established by the legislation of the country.

Legitimacy means legitimacy, legitimacy of political domination. The term "legitimacy" originated in France and was originally identified with the term "legality". It was used to denote legally established power, as opposed to forcibly usurped. Currently, legitimacy means the voluntary recognition by the population of the legitimacy of power.

There are two provisions in the principle of legitimacy: 1) recognition of the power of rulers; 2) the duty of the governed to obey it.

There are three bases of legitimacy. First, the authority of custom. Secondly, the authority of an unusual personal gift. The third type of power legitimacy is domination based on the "legality" of existing rules for the formation of power.

The legitimacy of power and politics is indispensable. It extends to power itself, its goals, means and methods.

The political power acquired by the majority through the concentration of information will not be exercised directly.

Literature

1.Melnik V.A. Political Science: Textbook for High Schools 4th ed., Revised. and additional - Minsk, 2002.

2.Political science: a course of lectures / ed. M.A. Slemnev. - Vitebsk, 2003.

.Political Science: Textbook / ed. S.V. Reshetnikov. Minsk, 2004.

.Reshetnikov S.V. etc. Political science: a course of lectures. Minsk, 2005.

.Kapustin B.G. On the Concept of Political Violence / Political Studies, No. 6, 2003.

.Melnik V.A. Political science: basic concepts and logical schemes: A manual. Minsk, 2003.

.Ekadumova I.I. Political science: answers to examination questions. Minsk, 2007.

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Society is a certain hysterically formed form of community of people.

Any community of people is characterized by differences between them and a certain degree of organization, regulation, orderliness of social relations. The division of labor in the economy objectively leads to the formation of different strata, castes, classes of people. Hence the differences in their consciousness, worldview.

Social pluralism underlies the formation and political ideas, exercises. The political structure of society, logically, reflects its social diversity. Therefore, in any society, forces simultaneously function, striving to turn it into a more or less integral organism. Otherwise, a community of people is not a society.

The state acts as that external (isolated to a certain extent from society) force that organizes society and protects its integrity. The state is a publicly established power, it is not a society: it is to some extent separated from it and forms a force designed to organize social life and manage it.

Thus, with the advent of the state, society splits into two parts - the state and the rest, the non-state part, which is civil society.

Civil society is a capable system of social, economic, political, legal and other relations that develop in society in the interests of its members and their associations. For the optimal management and protection of these relations, civil society establishes the state - the political power of this society. Civil society and society in general are not the same thing. Society is the whole community of people, including the state with all its attributes; civil society is a part of society with the exception of the state as an organization of its political power. Civil society appears and takes shape later than society as such, but it certainly appears with the advent of the state, functions in cooperation with it. There is no state - there is no civil society. Civil society functions normally only when universal human values ​​and interests of society are in the foreground in the activities of state power. Civil society is a society of citizens with various group interests.

The state as an organization of the political power of a certain society differs from other organizations and institutions of society in the following ways.

1. The state is a political and territorial organization of society, the territory of which is under the sovereignty of this state, is established and consolidated in accordance with historical realities, international agreements. state territory- this is a territory that is not only declared by some kind of state entity, but also recognized as such in the international order.

2. The state differs from other organizations of society in that it is a public authority supported by taxes and fees from the population. Public authority is an established authority.

3. The state is distinguished by the presence of a special apparatus of coercion. Only it has the right to maintain armies, security and public order agencies, courts, prosecutors, prisons, places of detention. These are purely state attributes, and no other organization in a state society has the right to form and maintain such a special apparatus of coercion.

4. The state and only it can clothe its command in a generally binding form. Law, law - these are the attributes of the state. Only it has the right to issue laws binding on all.

5. The state, unlike all other organizations in society, has sovereignty. State sovereignty is a political and legal property of state power, expressing its independence from any other power inside and outside the country's borders and consisting in the right of the state to independently, freely decide its own affairs. There are no two identical authorities in one country. State power is supreme and not shared with anyone power.

The main concepts of the emergence of the state and law and their analysis.

The following theories of the origin of the state are distinguished: theological (F. Aquinas); patriarchal (Plato, Aristotle); negotiable (J.-J. Rousseau, G. Grotius, B. Spinoza, T. Hobbes, A.N. Radishchev); Marxist (K. Marx, F. Engels, V. I. Lenin); the theory of violence (L. Gumplovich, K. Kautsky); psychological (L.Petrazhitsky, E.Fromm); organic (G. Spencer).

The main idea of ​​theological theory is the divine primary source of the origin and essence of the state: all power is from God. In the patriarchal theory of Plato and Aristotle, an ideal just state, growing out of the family, in which the power of the monarch is personified with the power of the father over the members of his family. They regarded the state as a hoop holding its members together on the basis of mutual respect and paternal love. According to the contract theory, the state arises as a result of the conclusion of a social contract between people who are in a “natural” state, which turns them into a single whole, into a people. The theory of violence lies in the conquest, violence, enslavement of some tribes by others. Psychological theory explains the reasons for the emergence of the state by the properties of the human psyche, his biopsychic instincts, etc. Organic theory considers the state to be the result of organic evolution, a variation of which is social evolution.

There are the following concepts of law: normativism (G. Kelsen), Marxist school of law (K. Marx, F. Engels, V. I. Lenin), psychological theory of law (L. Petrazycki), historical school of law (F. Savigny, G. Pukhta), sociological school of law (R. Pound, S.A. Muromtsev). The essence of normativism is that law is seen as a phenomenon of proper ordering of the system of norms. The psychological theory of law derives the concept and essence of law from the legal emotions of people, firstly, a positive experience that reflects the establishment of the state and, secondly, an intuitive experience that acts as a real, "real" law. The sociological school of law identifies law with judicial and administrative decisions, in which "living law" is seen, thereby creating the legal order, or the order of legal relations. The historical school of law proceeds from the fact that law is a common conviction, a common "national" spirit, and the legislator acts as its main representative. The Marxist understanding of the essence of law lies in the fact that law is only the will of the ruling classes raised to the law, the will, the content of which is conditioned by the material conditions of life of these classes.

The functions of the state are the main directions of its political activity, in which its essence and social purpose are expressed.

The most important function of the state is to protect and guarantee the rights of man and citizen. The functions of the state are divided into the following types:

I. By subjects:

functions of legislative authorities;

executive functions;

functions of justice;

II. Directions:

1. External functions - this is the direction of the state's activities to solve the external tasks facing them

1) peacekeeping;

2) cooperation with foreign states.

2. Internal functions - this is the direction of the state's activity in solving the internal tasks facing it

1) economic function;

2) political function;

3) social function;

III. By field of activity:

1) law-making;

2) law enforcement;

3) law enforcement.

The form of the state is the external, visible organization of state power. It is characterized by: the order of formation and organization of higher authorities in society, the way the territorial structure of the state, the relationship between the central and local authorities, the methods and methods of exercising state power. Therefore, revealing the question of the form of the state, it is necessary to distinguish three of its components: the form of government, the form state structure, state regime.

The form of government is understood as the administrative-territorial structure of the state: the nature of the relationship between the state and its parts, between parts of the state, between central and local authorities.

All states according to their territorial structure are divided into simple and complex.

A simple or unitary state does not have within itself separate state entities enjoying a certain degree of independence. It is subdivided only into administrative-territorial units (provinces, provinces, counties, lands, regions, etc.) and has a single supreme governing body common to the entire country.

A complex state consists of separate state entities that enjoy one or another independence. Complex states include empires, confederations, and federations.

An empire is a forcibly created complex state, the degree of dependence of its constituent parts on the supreme power is very different.

A confederation is a state created on a voluntary (contractual) basis. Members of the confederation retain their independence, unite their efforts in achieving common goals.

The bodies of the confederation are formed from representatives of its constituent states. The confederal bodies cannot directly compel the members of the union to carry out their decisions. The material base of the confederation is created by the contributions of its members. As history shows, confederations do not exist for long and either disintegrate or transform federal states (for example, the United States).

Federation - a sovereign complex state, which has in its composition state formations, called subjects of the federation. State formations in a federal state differ from administrative units in a unitary state in that they usually have a constitution, higher authorities, and therefore their own legislation. However, a state entity is a part of a sovereign state and therefore does not have state sovereignty in its classical sense. A federation is characterized by such a state unity that a confederation does not know, from which it differs in a number of essential features.

According to the legal norms of fixing state ties. In a federation, these ties are fixed by a constitution, and in a confederation, as a rule, by an agreement.

By legal status territory. The federation has a single territory, formed as a result of the union of its subjects with the territory belonging to them into one state. The confederation has the territory of the states entering into the union, but there is no single territory.

A federation differs from a confederation in the issue of citizenship. It has a single citizenship and at the same time the citizenship of its subjects. There is no single citizenship in a confederation; there is citizenship in every state that has joined the union.

In the federation there are supreme bodies of state power and administration common to the entire state (federal bodies). There are no such bodies in the confederation, only bodies are created to resolve issues common to it.

The subjects of the confederation have the right to nullify, that is, to cancel the act adopted by the body of the confederation. The confederation has adopted the practice of ratifying the act of the body of the confederation, while the acts of the federal authorities and administration, adopted in their jurisdiction, are valid throughout the federation without ratification.

A federation differs from a confederation in that it has a single armed force and a single monetary system.

The form of government is the organization of state power, the procedure for the formation of its higher bodies, their structure, competence, the duration of their powers, and relations with the population. Plato, followed by Aristotle, identified three possible forms state government: monarchy - the power of one, aristocracy - the power of the best; polity - the power of the people (in a small state-polis). In general, all states in the form of government are divided into despotism, monarchy and republic.

Despotism is a state in which all power belongs to one person, arbitrariness prevails, and there are no or no laws. Such states in modern world fortunately not, or very little.

A monarchy is a state headed by a hereditary monarch coming to power. In historical terms, they differ: early feudal monarchy, estate-representative, absolute monarchy with unlimited sole power of the monarch, limited monarchy, dualistic. There are also parliamentary monarchies (Great Britain), elective monarchies (Malaysia).

A republic is a representative form of government in which government bodies are formed through an electoral system. They differ: aristocratic, parliamentary, presidential, Soviet, people's democratic republic and some other forms.

Parliamentary or presidential republics differ from each other by the role and place of the parliament and the president in the system of state power. If the parliament forms the government and controls its activities directly, then it is a parliamentary republic. If the executive power (government) is formed by the president and he has discretionary power, that is, power that depends only on his personal discretion in relation to members of the government, then such a republic is presidential.

Parliament is the legislative body of state power. AT different countries it is called differently: in the USA - the Congress, in Russia - the Federal Assembly, in France - the National Assembly, etc. Parliaments are usually bicameral (upper and lower houses). Classical Parliamentary republics - Italy, Austria.

The President is the elected head of state and the highest official in it, who represents the state in international relations. In the presidential republics, he is both the head of the executive branch and supreme commander armed forces of the country. The president is elected for a fixed constitutional term. Classic Presidential republics - USA, Syria.

The state-legal (political) regime is a set of techniques and methods by which state bodies exercise power in society.

A democratic regime is a regime based on the sovereignty of the people, i.e. on his real participation in the affairs of the state, society, on the recognition of human rights and freedoms.

The main criteria by which the democracy of the state is assessed are:

1) the proclamation and actual recognition of people's (not national, not class, etc.) sovereignty through the broad participation of the people in the affairs of the state, its influence on the solution of the main issues of society;

2) the presence of a constitution that guarantees and consolidates the broad rights and freedoms of citizens, their equality before the law and the courts;

3) the existence of a separation of powers based on the rule of law;

4) freedom of activity of political parties and associations.

The presence of an officially fixed democratic regime with its institutions is one of the main indicators of the influence of civil society on the formation and activities of the state.

Authoritarian regime - absolutely monarchical, totalitarian, fascist, etc. - manifests itself in the separation of the state from the people, the substitution of it (the people) as a source of state power by the power of the emperor, leader, general secretary, etc.

The state apparatus is a part of the mechanism of the state, which is a set of state bodies endowed with power for the implementation of state power.

The state apparatus consists of state bodies (legislative authorities, executive authorities, judicial authorities, prosecutor's office).

A state body is a structurally separate link, a relatively independent part of the state apparatus.

State body:

1. performs its functions on behalf of the state;

1. has a certain competence;

1) has power;

It is characterized by a certain structure;

Has a territorial scale of activity;

formed in the manner prescribed by law;

1) establishes legal relations of personnel.

Types of government bodies:

1) according to the method of occurrence: primary (they are not created by any bodies, they arise either in the order of inheritance or in the order of election through elections) and derivatives (they are created by primary bodies that give them power. These are executive and administrative bodies, prosecution bodies, etc. .)

2) in terms of power: supreme and local (not all local bodies are state (for example, local governments are not state). The highest extend their influence over the entire territory, local - only on the territory of the administrative-territorial unit)

3) by the breadth of competence: general (Government) and special (sectoral) competence (Ministry of Finance, Ministry of Justice).

4) collegiate and individual.

· according to the principle of separation of powers: legislative, executive, judicial, control, law enforcement, administrative.

The main prerequisites for the emergence and development of the doctrine of the rule of law.

Even at the very beginning of the development of civilization, man tried to understand and improve the forms of communication with his own kind, to understand the essence of his own and others' freedom and lack of freedom, good and evil, justice and injustice, order and chaos. Gradually, the need to limit one's freedom was realized, social stereotypes and common rules of behavior (customs, traditions) for a given society (clan, tribe), provided by the authority and way of life itself, were formed. The ideas about the inviolability and supremacy of the law, its divine and fair content, and the need for law to conform to law can be considered as prerequisites for the doctrine of the rule of law. Even Plato wrote: “I see the near death of that state, where the law has no power and is under someone else's power. Where the law is the master of the rulers, and they are its slaves, I see the salvation of the state and all the blessings that the gods can bestow on the states. The theory of the separation of powers was proposed by J. Locke, S. Montesquieu was his follower. The philosophical substantiation of the doctrine of the rule of law and its systemic form is associated with the names of Kant and Hegel. The phrase "rule of law" is first encountered in the works of German scientists K. Welker and J. H. Freiher von Aretin.

By the end of the 20th century, in a number of developed countries, such types of legal and political systems had developed, the principles of construction of which largely correspond to the idea of ​​legal statehood. In constitutions and other legislative acts The Federal Republic of Germany, the USA, France, Russia, England, Austria, Greece, Bulgaria and other countries contain provisions that directly or indirectly fix that this state entity is legal.

The rule of law is a legal (fair) organization of state power in a highly qualified, cultural society, aimed at the ideal use of state-legal institutions to organize public life in truly popular interests.

Signs rule of law are:

supremacy in society of legitimate law;

division of power;

interpenetration of human and civil rights;

mutual responsibility of the state and the citizen;

fair and effective human rights activities, etc.

The essence of the rule of law is reduced to its true democracy, nationality. The principles of the rule of law include:

the principle of the priority of law;

the principle of legal protection of a person and a citizen;

the principle of the unity of law and law;

the principle of legal differentiation between the activities of various branches of state power (power in the state must necessarily be divided into legislative, executive and judicial);

principle of the rule of law.

The principle of separation of powers and its essence.

1) The constitutional consolidation of the principle of separation of powers with a clear indication of the limits of the rights of each power and the definition of checks and balances within the framework of the interaction of the three branches of power. At the same time, it is important that the constitution in a particular state be adopted by a specially created organization (constitutional assembly, convention, constituent assembly, etc.). This is necessary so that the legislature itself does not determine its scope of rights and obligations.

2) Legal limitation of the limits of the power of the branches of government. The principle of separation of powers does not allow any branch of government to have unlimited powers: they are limited by the constitution. Each branch of power is endowed with the right to influence the other if it takes the path of violating the constitution and legislation.

3) Mutual participation in the staffing of government bodies. This lever comes down to the fact that the legislature participates in the formation of the highest officials of the executive branch. So, in parliamentary republics, the government is formed by the parliament from among the representatives of the party that won the election and has more seats in it.

4) A vote of confidence or no confidence. A vote of confidence or no confidence is the will expressed by a majority of votes in the legislature regarding the approval or disapproval of a government policy, action or bill. The question of a vote can be raised by the government itself, a legislative body, or a group of deputies. If the legislature expresses a vote of no confidence, then the government resigns or parliament is dissolved and elections are called.

5) The right of veto. A veto is an unconditional or suspensive ban imposed by one authority on the decisions of another. The right of veto is exercised by the Head of State, as well as by the upper house in a bicameral system in relation to the resolutions of the lower house.

The President has the right of suspensive veto, which Parliament can override by second consideration and adoption of a resolution by a qualified majority.

6) Constitutional supervision. Constitutional supervision means the presence in the state of a special body designed to ensure that no power violates the requirements of the constitution.

7) Political responsibility of the highest officials of the state. Political responsibility is the constitutional responsibility for political activity. It differs from criminal, material, administrative, disciplinary responsibility by the basis of the offensive, the procedure for bringing to responsibility and the measure of responsibility. The basis of political responsibility is the actions that characterize the political person of the perpetrator, affecting his political activity.

8) Judicial control. Any organs of state power, administration, which directly and adversely affect the person, property or rights of an individual, should be subject to the supervision of the courts with the right to a final decision on constitutionality.

Law: concept, norms, branches

Social norms are general rules related to the will and consciousness of people for regulating the form of their social interaction that arise in the process of historical development and functioning of society, corresponding to the type of culture and the nature of its organization.

Classification of social norms:

1. By spheres of action (depending on the content of the life of the society in which they operate, on the nature of social relations, i.e., the subject of regulation):

political

1) economic

1) religious

ecological

2. According to the mechanism (regulatory features):

moral norms

rules of law

corporate norms

Law is a system of formally defined rules of conduct of a general nature established and guaranteed by the state, ultimately determined by the material and spiritual and cultural conditions of society. The essence of law lies in the fact that it is aimed at establishing justice in society. As a public institution, it was just found in order to resist violence, arbitrariness, chaos from the standpoint of justice and morality. Therefore, law always acts as a stabilizing, pacifying factor in society. Its main purpose is to ensure harmony, civil peace in society from the standpoint of human rights.

In modern legal science, the term "law" has been used in several meanings (concepts):

· Law is the social and legal claims of people, for example, the human right to life, the people's right to self-determination, etc. These claims are due to the nature of man and society and are considered natural rights.

Law is a system of legal norms. This is a right in an objective sense, since norms of law are created and operate independently of the will of individuals. This meaning is included in the term "law" in the phrases " Russian law”, “civil law”, etc.

· Right - denotes the official recognition of the opportunities available to an individual or legal entity, organization. Thus, citizens have the right to work, rest, health protection, etc. Here we are talking about law in the subjective sense, i.e. about the right belonging to an individual - the subject of law. Those. the state delegates subjective rights and establishes legal obligations in the rules of law that make up a closed perfect system.

Signs of law that distinguish it from the social norms of primitive society.

1. Law is the rules of conduct established by the state and enforced by it. The derivation of law from the state is an objective reality. If there is no connection with the state, then such a rule of conduct is not a legal norm. This connection, in some cases, manifests itself through state-sanctioned rules of conduct set by non-state actors.

2. Law is a formally defined rule of conduct. Certainty is its important attribute. Law is always the opposition to arbitrariness, lack of rights, chaos, etc., and therefore it itself must have a clearly defined form, be distinguished by normativity. Today, the principle that, if legal law is not properly formalized and brought to the attention of addressees (i.e., not published), is becoming important for us, it cannot be guided in solving specific cases.

3. Law is a general rule of conduct. It is characterized by vagueness of addressees, designed for repeated use.

4. Law is a rule of conduct of a generally binding nature. It applies to everyone, from the president to the ordinary citizen. The universality of law is guaranteed by the state.

5. Law is a system of norms, which means its internal consistency, consistency and lack of gaps.

6. Law is a system of such rules of conduct that are caused by the material and cultural conditions of society. If the conditions do not allow the implementation of the requirements contained in the rules of conduct, then it is better to refrain from establishing such rules, otherwise broken norms will be adopted.

7. Law is a system of rules of conduct expressing the will of the state

A rule of law is a rule of conduct established or sanctioned by the state.

The rule of law contains a state decree, it is designed to regulate not some separate, individual relationship, but to repeatedly apply to previously undefined persons entering into certain types of social relations.

Any logically completed legal norm consists of three elements: hypotheses, dispositions and sanctions.

A hypothesis is that part of the norm, where it is about when, under what circumstances, this norm is valid.

Disposition - part of the norm, which sets out its requirement, that is, what is prohibited, what is allowed, etc.

A sanction is a part of the norm, which refers to the adverse consequences that will occur in relation to the violator of the requirements of this norm.

The system of law is a holistic structure of existing legal norms determined by the state of social relations, which is expressed in their unity, consistency and differentiation into branches and institutions. A system of law is a legal category meaning internal structure legal regulations of any country.

Branch of law - a separate set of legal norms, institutions that regulate homogeneous social relations (for example, the rules of law governing land relations - a branch of land law). Branches of law are divided into separate interrelated elements - institutions of law.

The institution of law is a separate group of legal norms that regulates social relations of a particular type (the institution of property rights in civil law, the institution of citizenship - in constitutional law).

Main branches of law:

Constitutional law is a branch of law that establishes the foundations of the social and state structure of the country, the foundations of the legal status of citizens, the system of state bodies and their main powers.

Administrative law - regulates the relations that develop in the process of implementing the executive and administrative activities of state bodies.

Financial right- represents a set of rules governing social relations in the field of financial activity.

Land law - represents a set of rules governing social relations in the field of use and protection of land, its subsoil, waters, forests.

Civil law regulates property and related personal non-property relations. The norms of civil law establish and protect various forms of ownership, determine the rights and obligations of the parties in property relations, and regulate relations related to the creation of works of art and literature.

labor law- regulate social relations in the process labor activity person.

Family law - regulate marriage and family relations. The norms establish the conditions and procedure for entering into marriage, determine the rights and obligations of spouses, parents, and children.

Civil procedural law - regulate social relations arising in the process of consideration by the courts of civil, labor, family disputes.

Criminal law is a set of norms that establish what socially dangerous act is a crime and what punishment is applied. The norms define the concept of a crime, establish the types of crimes, the types and sizes of punishments.

The source of law is a special legal category that is used to designate the form of external expression of legal norms, the form of their existence, objectification.

There are four types of sources: legal acts, authorized customs or business practices, judicial and administrative precedents, norms of international law.

Normative legal acts are written decisions of an authorized subject of lawmaking that establish, change or repeal legal norms. Normative legal acts are classified according to various criteria:

Sanctioned customs and business practices. These sources in the Russian legal system are used in very rare cases.

Judicial and administrative precedent as sources of law is widely used in countries with the Anglo-Saxon legal system.

Norms of international law.

The legal act is official document, created by the competent authorities of the state and containing binding legal norms. This is the outward expression of the rule of law.

Classification of legal acts

By legal force:

1) laws (acts having the highest legal force);

2) by-laws (acts based on laws and not contradicting them). All normative-legal acts, except for laws, are by-laws. Example: resolutions, decrees, regulations, etc.

By entities issuing (adopting) regulatory legal acts:

acts of a referendum (direct expression of the people's will);

acts of public authorities

acts of local governments

acts of the President

acts of governing bodies

acts of officials of state and non-state bodies.

In this case, there may be acts:

adopted by one body (on issues of general jurisdiction)

jointly by several bodies (on issues of joint jurisdiction)

By branches of law (criminal law, civil law, administrative law, etc.)

By scope:

acts of external action (obligatory for all - cover all subjects (for example, federal laws, federal constitutional laws).

internal action (applies only to entities belonging to a specific ministry, persons residing in a certain territory, engaged in a certain type of activity)

Distinguish the effect of regulatory legal acts:

by circle of persons (to whom this regulatory legal act applies)

by time (entry into force - as a rule, from the moment of publication; the possibility of retroactive application)

in space (usually over the entire territory)

In the Russian Federation, the following regulatory legal acts are in force, arranged by legal force: the Constitution of the Russian Federation, federal laws, regulatory legal acts of the President (decrees), the Government (decrees and orders), ministries and departments (orders, instructions). There are also: local regulatory legal acts (regulatory legal acts of state authorities of the subjects of the Russian Federation) - they are valid only on the territory of the subject; normative contract; custom.

Law: concept and varieties.

A law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations.

Classification of laws:

1) in terms of significance and legal force: constitutional federal laws and ordinary (current) federal laws. The main constitutional law is the Constitution itself. Federal constitutional laws are laws that amend chapters 3-8 of the Constitution, as well as laws that are passed on the most important issues specified in the Constitution (Federal Constitutional Law on: Constitutional Court, Referendum, Government).

All other laws are ordinary (current).

2) according to the body adopting the law: federal laws and laws of the constituent entities of the Russian Federation (valid only on the territory of the constituent entity and cannot contradict federal laws).

3) in terms of volume and object of regulation: general (dedicated to a whole area of ​​public relations - for example, the code) and special (regulate a narrow area of ​​public relations).

Legal relations and their participants

A legal relationship is a social relationship that develops between its participants on the basis of the operation of legal norms. Relationships have the following features:

the parties to a legal relationship always have subjective rights and bear obligations;

a legal relationship is such a social relationship in which the exercise of a subjective right and the fulfillment of an obligation are provided with the possibility of state coercion;

relationship is in

Power- there is the ability and ability of some to model the behavior of others, i.e. force them to do something against their will by any means, ranging from persuasion to violence.

- the ability of a social subject (individual, group, layer) to impose and carry out their will with the help of legal and norms and a special institution - .

Power is a necessary condition for the sustainable development of society in all its spheres.

Allocate power: political, economic, spiritual family, etc. Economic power is based on the right and ability of the owner of any resources to influence the production of goods and services, spiritual - on the ability of the owners of knowledge, ideology, information to influence the change in people's consciousness.

Political power is power (the power to impose a will) transferred by the community to a social institution.

Political power can be divided into state, regional, local, party, corporate, clan, etc. power. State power is provided by state institutions (parliament, government, court, law enforcement agencies, etc.), as well as a legal framework. Other types of political power are provided by relevant organizations, legislation, charters and instructions, traditions and customs, public opinion.

Structural elements of power

Considering power as the ability and ability of some to model the behavior of others, you should find out where this ability comes from? Why, in the course of social interaction, people are divided into those who rule and those who are subject? In order to answer these questions, one must know what power is based on, i.e. what are its bases (sources). There are countless of them. And, nevertheless, among them there are those who are classified as universal, present in one or another proportion (or form) in any power relationship.

In this regard, it is necessary to turn to the accepted in political science classifications of grounds (sources) of power, and to understand what type of power is generated by such of them as force or the threat of force, wealth, knowledge, law, charisma, prestige, authority, etc.

Particular attention should be paid to the argumentation (evidence) of the proposition that power relations are not only relations of dependence, but also of interdependence. That, with the exception of forms of direct violence, there is no absolute power in nature. All power is relative. And it is built not only on the dependence of the subject on the ruling, but also on the ruling on the subject. Although the extent of this dependence they have different.

The closest attention is also required to clarify the essence of differences in approaches to the interpretation of power and power relations among political scientists representing different political science schools. (functionalists, systematists, behaviorists). And also what is behind the definitions of power as a characteristic of an individual, as a resource, as a construction (interpersonal, causal, philosophical), etc.

The main features of political (state) power

Political power is a kind of power complex, including both state power, which plays the role of "first violin" in it, and the power of all other institutional subjects of politics in the person of political parties, mass socio-political organizations and movements, independent media, etc.

It should also be taken into account that state power, as the most socialized form and core of political power, differs from all other powers (including political ones) in a number of ways. significant features, giving it a universal character. In this regard, one must be prepared to reveal the content of such concepts-signs of this power as universality, publicity, supremacy, monocentrism, diversity of resources, monopoly on the legitimate (i.e., provided for and stipulated by law) use of force, etc.

Such concepts as "political domination", "legality" and "legitimacy". The first of these concepts is used to denote the process of institutionalization of power, i.e. its consolidation in society as an organized force (in the form of a hierarchical system of government agencies and institutions), functionally designed to carry out the general management and management of the social organism.

The institutionalization of power in the form of political domination means the structuring of relations of command and subordination, order and execution in society, the organizational division of managerial labor and the privileges usually associated with it, on the one hand, and executive activity, on the other.

As for the concepts of "legality" and "legitimacy", although the etymology of these concepts is similar (in French the words "legal" and "legitime" are translated as legal), in terms of content they are not synonymous concepts. First the concept (legality) emphasizes the legal aspects of power and acts as an integral part of political domination, i.e. legally regulated consolidation (institutionalization) of power and its functioning in the form of a hierarchical system of state bodies and institutions. With clearly defined steps of order and execution.

Legitimacy of political power

- political property of a public authority, meaning the recognition by the majority of citizens of the correctness and legality of its formation and functioning. Any power based on popular consensus is legitimate.

Power and power relations

Many people, including some political scientists, believe that the struggle to acquire power, its distribution, retention and use constitute essence of politics. This point of view was held, for example, by the German sociologist M. Weber. One way or another, the doctrine of power has become one of the most important in political science.

Power in general is the ability of one subject to impose its will on other subjects.

Power is not just a relationship of someone with someone, it is always asymmetrical, i.e. unequal, dependent, allowing one individual to influence and change the behavior of another.

Foundations of power in the very general view act unmet needs some and the possibility of their satisfaction by others on certain conditions.

Power is a necessary attribute of any organization, any human group. Without power, there is no organization and no order. In every joint activity of people there are those who command and those who obey them; those who make decisions and those who execute them. Power is characterized by the activities of those who govern.

Sources of power:

• authority- power as a force of habit, traditions, interned cultural values;
• strength- “naked power”, in the arsenal of which there is nothing but violence and suppression;
• wealth- stimulating, rewarding power, which includes negative sanctions for uncomfortable behavior;
• knowledge- the power of competence, professionalism, the so-called "expert power";
• charisma- leader's power, built on the deification of the leader, endowing him with supernatural abilities;
• prestige- identifying (identifying) power, etc.

The need for power

The social nature of people's lives turns power into a social phenomenon. Power is expressed in the ability of united people to ensure the achievement of their agreed goals, to assert generally accepted values ​​and to interact. In undeveloped communities, power is dissolved, it belongs to everyone together and to no one in particular. But already here public power acquires the character of the community's right to influence the behavior of individuals. However, the inevitable difference of interests in any society violates political communication, cooperation, consistency. This leads to the decay of this form of power due to its low efficiency, and ultimately to the loss of the ability to achieve agreed goals. In this case, the real prospect is the collapse of this community.

To prevent this from happening, public power is transferred to elected or appointed people - the rulers. Rulers receive from the community powers (full power, public power) to manage social relations, that is, to change the activity of subjects in accordance with law. The need for management is explained by the fact that people in relations with each other are very often guided not by reason, but by passions, which leads to the loss of the goal of the community. Therefore, the ruler must have the power to keep people within the framework of an organized community, to exclude extreme manifestations of selfishness and aggression in social relations, ensuring the survival of all.

The state differs from the tribal organization in the following features. Firstly, public authority, not coinciding with the entire population, isolated from it. The peculiarity of public power in the state is that it belongs only to the economically dominant class, it is political, class power. This public power relies on special detachments of armed people - initially on the squads of the monarch, and later on - the army, police, prisons and other compulsory institutions; finally, to officials who are specially engaged in managing people, subordinating the latter to the will of the economically dominant class.

Secondly, division of subjects not by consanguinity, but on a territorial basis. Around the fortified castles of monarchs (kings, princes, etc.), under the protection of their walls, the trade and craft population settled, cities grew. Rich hereditary nobility also settled here. It was in the cities that, first of all, people were connected not by consanguinity, but by neighborly relations. Over time, kinship ties are replaced by neighbors and in rural areas.

The reasons and basic patterns of the formation of the state were the same for all the peoples of our planet. However, in different regions of the world, among different peoples, the process of state formation had its own characteristics, sometimes very significant. They were associated with the geographical environment, the specific historical conditions in which certain states were created.

The classical form is the emergence of the state due to the action of only internal factors in the development of a given society, stratification into antagonistic classes. This form can be considered on the example of the Athenian state. Subsequently, the formation of the state went along this path among other peoples, for example, among the Slavs. The emergence of the state among the Athenians is an extremely typical example of the formation of the state in general, because, on the one hand, it occurs in its pure form, without any forcible interference, external or internal, on the other hand, because in this case a very highly developed form state - a democratic republic - arises directly from the tribal system, and, finally, because we are quite well aware of all the essential details of the formation of this state. In Rome, the tribal society turns into a closed aristocracy, surrounded by a numerous, standing outside this society, disenfranchised, but bearing duties of the plebs; the victory of the plebs blows up the old tribal system and erects a state on its ruins, in which tribal aristocracy, and plebs. Among the German conquerors of the Roman Empire, the state arises as a direct result of the conquest of vast foreign territories, for domination over which the tribal system does not provide any means. Consequently, the process of state formation is often "pushed", accelerated by factors external to a given society, for example, a war with neighboring tribes or already existing states. As a result of the conquest by the Germanic tribes of the vast territories of the slave-owning Roman Empire, the tribal organization of the victors, which was at the stage of military democracy, quickly degenerated into a feudal state.

64. THEORIES OF THE ORIGIN OF THE STATE SPERANSKY MIKHAIL MIKHAILOVICH (1772-1839) - one of the representatives of liberalism at the end of the 18th century. in Russia.

short biography: S. was born in the family of a village priest. After graduating from St. Petersburg, he began to pursue a career in the service. Later, Alexander I S. was appointed secretary of state of the royal court. S. - the author of the plan for the liberal reorganization of Russia.

Main works: "Plan of State Transformation", "Guide to the Knowledge of Laws", "Code of Laws", "Introduction to the Regulations on State Laws".

His views:

1) the origin of the state. The state, according to S., emerged as a social union. It was created for the benefit and safety of people. The people are the source of the strength of the government, since any legitimate government has arisen on the basis of the general will of the people;

2) on the tasks of state reforms. S. considered the best form of government to be a constitutional monarchy. In accordance with this, S. singled out two tasks of state reforms: preparing Russia for the adoption of the Constitution, the elimination of serfdom, since it is impossible to establish a constitutional monarchy with serfdom. The process of liquidation of serfdom is carried out in two stages: liquidation of landed estates, capitalization of land relations. As for the laws, S. argued that they should be adopted with the obligatory participation of the elected State Duma. The totality of all laws constitutes the Constitution;

3) on the system of representative bodies:

a) the lowest link - the volost council, which includes landowners, townspeople with real estate, as well as peasants;

b) the middle link - the district council, whose deputies are elected by the volost council;

c) Council of State, whose members are appointed by the emperor.

The monarch has absolute power;

4) to the Senate. The Senate is the highest judicial body, to which all lower courts are subordinate;

5) into estates.

S. believed that the state should have the following groups of estates:

a) the nobility - the highest class, which includes persons who carry out military or public service;

6) the middle class is made up of merchants, single palaces, philistines, villagers who have real estate;

c) the lower class - the working people who do not have the right to vote (local peasants, artisans, domestic servants and other workers).

65 . BUREAUCRACY AND THE STATE A rather long period in our social psychology formed a negative attitude towards such a phenomenon as bureaucracy. The state is impossible without bureaucracy in its various formal expressions. The phenomenon of bureaucracy has a dualistic character.

State bodies characterize the formation in the state of a special layer of people, physically cut off from material production, but performing very important managerial functions. This layer is known under different names: officials, bureaucrats, managers, functionaries, nomenklatura, managers, etc. It is an association of professionals engaged in managerial work - this is a special and important profession.

As a rule, this layer of people ensures the performance of the functions of the state, state power, state bodies in the interests of society, the people. But in a certain historical situation, functionaries can take the path of securing their own interests. It is then that situations arise when special bodies (sinecure) are created for certain persons or new functions are sought for these bodies, etc.

The construction of the apparatus of the state should go from functions to the body, and not vice versa, and on a strict legal basis.

Bureaucracy(from fr. bureau- bureau, office and Greek. κράτος - domination, power) - this word means the direction that public administration takes in countries where all affairs are concentrated in the hands of central government authorities acting on prescription (bosses) and through prescription (subordinates); then B. is understood as a class of persons sharply distinguished from the rest of society and consisting of these agents of the central government authority.

The word "bureaucracy" usually conjures up images of bureaucratic red tape, bad work, useless activity, waiting hours for certificates and forms that have already been cancelled, and attempts to fight the municipality. All this really happens. However, the root cause of all these negative phenomena is not the bureaucracy as such, but shortcomings in the implementation of the rules of work and the goals of the organization, the usual difficulties associated with the size of the organization, the behavior of employees that do not correspond to the rules and objectives of the organization. The concept of rational bureaucracy, originally formulated in the early 1900s by the German sociologist Max Weber, is at least ideally one of the most useful ideas in human history. Weber's theory did not contain descriptions of specific organizations. Weber proposed bureaucracy more as a normative model, an ideal that organizations should strive to achieve. The foreign term "bureaucratic" is quite consistent with the Russian word "prikazny". AT Western Europe The emergence and strengthening of the bourgeoisie went hand in hand with the emergence and strengthening of state power. Along with political centralization, administrative centralization also developed, as a tool and help for the first, it was necessary in order to oust the feudal aristocracy and the old communal authorities from all possible spheres of government and create a special class of officials directly and exclusively subordinate to the influences of the central government. .

With the decline and degeneration of local corporations, unions and estates, new management tasks appeared, the range of activities of state power expanded continuously, until the so-called police state (XVII-XVIII centuries) was formed, in which all aspects of spiritual and material life were equally subject to the guardianship of state power.

In the police state, bureaucracy reaches its highest development, and here its disadvantageous features stand out most clearly - features that it retained in the nineteenth century in countries whose government is still built on the principles of centralization. With such a character of administration, government bodies are not able to cope with extensive material and usually fall into formalism. Owing to their considerable numbers and consciousness of their power, the bureaucracy assumes a special and exceptional position: it feels itself to be the guiding center of all social life and forms a special caste outside the people.

In general, three disadvantages of such an administrative system make themselves felt: 1) public affairs that require state intervention are more often conducted badly than well; 2) the ruled must tolerate the interference of power in such relations where there is no need for it; 3) contact with the authorities rarely goes without the personal dignity of the layman suffering. The combination of these three disadvantages distinguishes the direction of state administration, which is usually characterized by one word: bureaucracy. Its focus is usually the organs of police power; but where it has taken root, it extends its influence to all officialdom, to judicial and legislative power.

The conduct of any complex business in life, whether private or public, inevitably requires the observance of certain forms. With the expansion of the tasks pursued, these forms are multiplied, and the "polywriting" of modern government is an inevitable companion of the development and complication of state life. But precisely in this does the Bureaucracy differ from a healthy system of administration, that in the latter the form is observed for the sake of the cause and, in case of need, is sacrificed to the cause, while the Bureaucracy observes the form for its own sake and sacrifices to it the essence of the matter.

Subordinate organs of power see their task not as usefully acting within the limits indicated by it, but as fulfilling the requirements imposed from above, that is, unsubscribing, fulfilling a number of prescribed formalities and thereby satisfying the higher authorities. Administrative activity is reduced to writing; instead of actual execution, they are content with writing paper. And since paper execution never encounters obstacles, the supreme government becomes accustomed to making demands on its local bodies that are practically impossible to fulfill. The result is a complete discord between paper and reality.

The second distinguishing feature of B. lies in the alienation of the bureaucracy from the rest of the population, in its caste exclusivity. The state takes its employees from all classes, in the same college it unites the sons of noble families, urban inhabitants and peasants; but they all feel equally alienated from all classes. The consciousness of the common good is alien to them, they do not share the vital tasks of any of the estates or classes separately.

The bureaucrat is a bad member of the community; communal ties seem humiliating to him, submission to communal authorities is unbearable for him. He has no fellow citizens at all, because he does not feel himself to be either a member of the community or a citizen of the state. These manifestations of the caste spirit of bureaucracy, from which only exceptional natures can completely renounce, profoundly and disastrously influence the relations of the masses of the population to the state.

When the masses see the representative of the state only in the face of the bureaucracy, which shuns it and places itself on some unattainable height, when any contact with the organs of the state threatens only with trouble and embarrassment, then the state itself becomes something alien or even hostile to the masses. The consciousness of one's belonging to the state, the consciousness that one is a living part of a great organism, the ability and desire for self-sacrifice, in a word, the feeling of statehood is weakening. But, meanwhile, it is precisely this feeling that makes the state strong in days of peace and stable in times of danger.

The existence of B. is not associated with a particular form of government; it is possible in republican and monarchical states, in unlimited and constitutional monarchies. It is extremely difficult to overcome B.. New institutions, as soon as they are introduced into life under the cover of B., are immediately imbued with its spirit. Even constitutional guarantees are powerless here, because no constitutional assembly itself governs, cannot even give stable direction to governance. In France, bureaucratic forms of government and administrative centralization have even new strength precisely after the upheavals that created a new order of things.

Peter I is often considered to be the ancestor of B. in Russia, and Count Speransky is considered to be its approver and final organizer. In fact, the mere “gathering of the Russian land” necessarily required centralization in administration, and centralization gives rise to bureaucracy. Only historical foundations Russian bureaucracies are different in comparison with Western European bureaucracies.

Thus, the criticism of bureaucracy draws attention both to the effectiveness of the system and to the issues of its compatibility with the honor and dignity of the individual.

The only area where bureaucracy is indispensable is the application of laws in court. It is in jurisprudence that the form is really more important than the content, and high efficiency (within the time frame of the consideration of cases, for example) has an extremely low priority compared to, for example, the principle of legality.

66. CHURCH AND STATE The Church as an institutional representative of a certain religion plays a significant role in the political system of any society, including in multi-confessional Russia. Political parties and official authorities are trying to use its moral and ideological influence, although, according to Art. 14 of the Constitution " Russian Federation- a secular state" and "religious associations are separated from the state". Religious denominations - various directions of Christianity, Islam, Buddhism and Judaism - their church institutions are actively involved in politics, especially regional and national-ethnic. FROM The oldest and best known system of relations between church and state is that of the established or state church. The state recognizes one religion out of all as a true religion and exclusively supports and patronizes one church, to the prejudice of all other churches and confessions. This prejudice means in general that all other churches are not recognized as true or completely true; but in practice it is expressed in a different form, with many different shades, and sometimes it comes from non-recognition and alienation to persecution. In any case, under the operation of this system, foreign confessions are subject to some more or less significant reduction in honor, in right and advantage, in comparison with their own, with the dominant confession. The state cannot be a representative of the material interests of society alone; in such a case, it would deprive itself of spiritual strength and renounce spiritual unity with the people. The state is all the stronger and the more important, the more clearly spiritual representation is indicated in it. Only under this condition is the feeling of legality, respect for the law and trust in state power maintained and strengthened in the environment of the people and in civil life. Neither the beginning of the integrity of the state or state good, the state benefit, nor even the beginning of the moral - in themselves are insufficient to establish a strong connection between the people and state power; and the moral principle is unstable, fragile, deprived of the main root, when it renounces the religious sanction. This central, collective force will undoubtedly be deprived of such a state, which, in the name of an impartial attitude towards all beliefs, itself renounces all beliefs - of any kind. The trust of the masses of the people in the rulers is based on faith, that is, not only on the common faith of the people with the government, but also on the simple confidence that the government has faith and acts according to faith. Therefore, even pagans and Mohammedans have more confidence and respect for such a government that stands on the firm foundations of belief - whatever it may be, than for a government that does not recognize its own faith and treats all beliefs equally.
This is the undeniable advantage of this system. But as the centuries passed, the circumstances under which this system got its start changed, and new circumstances arose in which its operation became more difficult than before. At the time when the first foundations of European civilization and politics were laid, Christian State was firmly integral and inseparable union with the one Christian Church. Then, in the midst of the Christian Church itself, the original unity was broken up into diverse opinions and differences of faith, each of which began to appropriate for itself the meaning of the one true doctrine and the one true church. Thus, the state had to have before it several diverse doctrines, between which the mass of the people was distributed over time. With the violation of unity and integrity in belief, a time may come when the dominant church, supported by the state, turns out to be the church of an insignificant minority, and itself weakens in sympathy or completely loses the sympathy of the masses of the people. Then important difficulties may arise in determining the relationship between the state with its church and the churches, to which the majority of the people belong.

67. TYPOLOGY OF THE STATEO noting the plurality of points of view associated with the consideration of the problem of the typology of the state, two main scientific approaches should be distinguished: formational and civilizational. The essence of the first (formational) is the understanding of the state as a system of interrelated economic (basic) relations that predetermine the formation of a superstructure that unites social, political, and ideological relations. Proponents of this approach consider the state as a specific social body that arises and dies off at a certain stage in the development of society - a socio-economic formation. The activity of the state in this case is predominantly coercive in nature and involves forceful methods of resolving class contradictions that arise as a result of the conflict between advanced productive forces and backward production relations. The main historical types of states, in accordance with the formational approach, are states of the exploitative type (slave-owning, feudal, bourgeois), characterized by the presence of private property (slaves, land, means of production, surplus capital) and irreconcilable (antagonistic) contradictions between the class of oppressors and the class of the oppressed.

Atypical for the formational approach is the socialist state, which arises as a result of the victory of the proletariat over the bourgeoisie and marks the beginning of the transition from the bourgeois to the communist (stateless) socio-economic formation.

In a socialist state

private ownership of the means of production is being replaced by state (public) ownership;

· Contradictions comes state property (nationwide);

Contradictions between classes cease to be antagonistic;

· there is a tendency to merge the main classes (workers, peasants, stratum of labor intelligentsia) and form a single socially homogeneous community - the Soviet people; the state continues to be a “power mechanism of coercion”, however, the direction of coercive measures is changing - from an apparatus of enslavement by one class of another, the state is turning into an instrument for ensuring and protecting the interests of the community in the international arena, guaranteeing law and order in the state itself.

Noting positive features of this approach, one should first of all note its specificity, which makes it possible to quite clearly identify the main historical types of state-legal systems. As a negative side: to point out the dogmatism (“Marx's teaching is omnipotent because it is true”) and the one-sidedness of formational typology, which takes only economic criteria as the basis for typology.

Civilizational approach to the typology of states. The civilizational approach is focused on understanding the features of state development through all forms of human activity: labor, political, social, religious - in all the diversity of social relations. Moreover, within the framework of this approach, the type of state is determined not so much by objective-material, as by ideal-spiritual, cultural factors. In particular, A. J. Toynbee writes that the cultural element is the soul, blood, lymph, the essence of civilization; in comparison with it, economic and even more so, political criteria seem artificial, insignificant, ordinary creations of nature and the driving forces of civilization.

Toynbee formulates the concept of civilization as a relatively closed and local state of society, characterized by a commonality of religious, psychological, cultural, geographical and other features, two of which remain unchanged: religion and forms of its organization, as well as the degree of remoteness from the place where this society originally arose. . Of the numerous "first civilizations", Toynbee believes, only those have survived that were able to consistently master the living environment and develop the spiritual principle in all types of human activity (Egyptian, Chinese, Iranian, Syrian, Mexican, Western, Far Eastern, Orthodox, Arab, etc. .) Each civilization gives a stable community to all the states that exist within its framework.

The civilizational approach makes it possible to distinguish not only the confrontation between classes and social groups, but also the sphere of their interaction on the basis of universal human interests. Civilization forms such norms of community life, which, for all their differences, are important for all social and cultural groups, thereby keeping them within the framework of a single whole. At the same time, the plurality of evaluation criteria used by various authors to analyze a particular civilizational form, predetermines the uncertainty of this approach, complicates its practical application in the research process.

68. STRUCTURAL ELEMENTS OF THE METHOD OF LEGAL REGULATION The need for various legal means operating in the MNR is determined by the different nature of the movement of the subjects' interests towards values, the presence of numerous obstacles that stand in the way. It is the ambiguity of the problem of satisfying interests as a meaningful moment that implies the diversity of their legal design and provision.

The following main stages and elements of the process of legal regulation can be distinguished: 1) the rule of law; 2) a legal fact or actual composition with such a decisive indicator as an organizational and executive law enforcement act; 3) legal relationship; 4) acts of realization of rights and obligations; 5) protective law enforcement act (optional element).

At the first stage, a rule of conduct is formulated, which is aimed at satisfying certain interests that are in the sphere of law and require their fair ordering. Here, not only the range of interests and, accordingly, legal relations are determined, within the framework of which their implementation will be lawful, but also obstacles to this process are predicted, as well as possible legal means to overcome them. This stage is reflected in such an element of the MPR as the rule of law.

At the second stage, the definition of special conditions takes place, upon the occurrence of which the action “turns on” general programs and which allow you to move from general rules to more detailed ones. The element denoting this stage is a legal fact, which is used as a "trigger" for the movement of specific interests through the legal "channel".

However, this often requires a whole system of legal facts (the actual composition), where one of them must necessarily be decisive. It is just such a fact that the subject sometimes lacks for the further movement of interest in a value that can satisfy him. The absence of such a decisive legal fact acts as an obstacle that must be considered from two points of view: from the substantive (social, material) and from the formal (legal). From the point of view of content, the dissatisfaction of the subject's own interests, as well as public interests, will be an obstacle. In the formally legal sense, the obstacle is expressed in the absence of a decisive legal fact. Moreover, this obstacle is overcome only at the level of law enforcement activity as a result of the adoption of an appropriate act of law enforcement.

The act of applying the law is the main element of the totality of legal facts, without which a specific rule of law cannot be implemented. It is always decisive, because it is required at the very “last moment”, when other elements of the actual composition are already available. So, in order to exercise the right to enter a university (as part of a more common law for receipt higher education) the act of application (the order of the rector on enrollment in students) is necessary when the applicant submitted to admission committee required documents, submitted entry exams and went through the competition, i.e. when there are already three other legal facts. The act of application consolidates them into a single legal structure, gives them credibility and entails the emergence of personal subjective rights and obligations, thereby overcoming obstacles and creating an opportunity to satisfy the interests of citizens.

This is only a function of special competent authorities, subjects of management, and not citizens who do not have the authority to apply the rules of law, do not act as law enforcers, and therefore, in this situation, they will not be able to satisfy their interests on their own. Only a law enforcement agency will be able to ensure the implementation of a legal norm, adopt an act that will become a mediating link between the norm and the result of its action, will form the foundation for a new series of legal and social consequences, and hence for further development public relations, clothed in a legal form.

This type of law enforcement is called operational-executive, because it is based on positive regulation and is designed to develop social ties. It is in it that the right-stimulating factors are embodied to the greatest extent, which is typical for acts on encouragement, assignment of personal titles, on the establishment of payments, benefits, on registration of marriage, on employment, etc.

Consequently, the second stage of the process of legal regulation is reflected in such an element of the MPR as a legal fact or actual composition, where the function of a decisive legal fact is performed by an operational-executive law enforcement act.

The third stage is the establishment of a specific legal connection with a very definite division of subjects into authorized and obligated. In other words, here it is revealed which of the parties has an interest and a corresponding subjective right designed to satisfy it, and which one is obliged either not to interfere with this satisfaction (prohibition), or to take certain active actions in the interests of the authorized person (duty). In any case, we are talking about a legal relationship that arises on the basis of the rule of law and in the presence of legal facts and where an abstract program is transformed into a specific rule of conduct for the relevant subjects. It is concretized to the extent to which the interests of the parties are individualized, or rather, the main interest of the authorized person, which acts as a criterion for the distribution of rights and obligations between the opposing persons in the legal relationship. This stage is embodied precisely in such an element of the MPR as a legal relationship.

The fourth stage is the realization of subjective rights and legal obligations, in which legal regulation achieves its goals - it allows the subject's interest to be satisfied. Acts of realization of subjective rights and obligations are the main means by which rights and obligations are put into practice - they are carried out in the behavior of specific subjects. These acts can be expressed in three forms: observance, execution and use.

69. RELIGION AND LAW As you know, the church is separated from the state, but not separated from society, with which it is connected by a common spiritual, moral, cultural life. It has a powerful impact on the consciousness and behavior of people, acts as an important stabilizing factor.

Weight representatives religious organizations, associations, confessions, communities that exist on the territory of the Russian Federation, are guided in the exercise of their constitutional right to freedom of conscience both by their intra-religious rules and beliefs, and by the current legislation of the Russian Federation. The last main legal act regulating the activities of all types of religions in Russia (Christianity, Judaism, Islam, Buddhism) is the Federal Law “On Freedom of Conscience and Religious Associations” dated September 26, 1997.

This law also defines the relationship between the church and the official authorities, it intertwines legal and some religious norms. The Church respects the law, the laws, the order established in the state, and the state guarantees the possibility of free religious activity that does not contradict the principles of public morality and humanism. Freedom of religion is an essential feature of a civil democratic society. The revival of religious life, respect for the feelings of believers, the restoration of churches that were destroyed in their time are an undoubted spiritual achievement of the new Russia.

The close relationship between law and religion is evidenced by the fact that many Christian commandments, such as “Thou shalt not kill”, “Thou shalt not steal”, “Thou shalt not bear false witness” and others, are enshrined in law and are considered by it as crimes. In Muslim countries, law in general is based largely on religious dogmas (norms of adat, Sharia), for the violation of which very severe penalties are provided. Sharia is Islamic (Muslim) law, and adat is a system of customs and traditions.

Religious norms like binding rules behavior of believers are contained in such well-known historical monuments as the Old Testament, the New Testament, the Koran, the Talmud, the Sunnah, Holy books Buddhism, as well as in the current decisions of various councils, colleges, meetings of the clergy, the governing structures of the church hierarchy. Russian Orthodox Church known canon law.

The Constitution of the Russian Federation states: “The Russian Federation is a secular state. No religion can be established as a state or obligatory one. 2. Religious associations are separated from the state and are equal before the law” (Article 14). “Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and act in accordance with them” (Article 28).

“A citizen of the Russian Federation, in the event that military service is contrary to his beliefs or religion, as well as in other cases established by federal law, has the right to replace it with alternative civilian service” (clause 3, article 59). However, the law on alternative civilian service has not yet been adopted.

It should be noted that in recent times freedom of religion has increasingly come into conflict with the ideas of human rights, humanism, morality and other universally recognized values. There are about 10,000 so-called non-traditional religious associations in Russia today. Not all of them perform really socially useful or at least harmless functions. There are separate cult groups, sects, whose activity is far from harmless and, in fact, is socially destructive, morally condemnable, especially foreign ones, including Catholic and Protestant ones. Some religious communities are headquartered in the US, Canada, and other countries.

70 SOVERINET OF THE STATE IN THE CONDITIONS OF GLOBALIZATION STATE SOVEREIGNTY The Russian Federation is a sovereign state.

G. S. RF - the independence and freedom of the multinational people of Russia in determining their political, economic, social and cultural development, as well as the territorial integrity, supremacy of the Russian Federation and its independence in relations with other states.

The sovereignty of the Russian Federation is "a natural and necessary condition for the existence of the statehood of Russia, which has centuries of history, culture and established traditions" (Declaration on State Sovereignty of the RSFSR of June 12, 1990).

A prerequisite for the formation of a sovereign state is the nation as a historical and cultural association of people.

The multinational people of Russia are the only bearer of sovereignty and the source of state power.

The G. S. of the Russian Federation consists of the rights of individual peoples of Russia, therefore the Russian Federation guarantees the right of each people of Russia to self-determination within the territory of the Russian Federation in their chosen national-state and national-cultural forms, the preservation of national culture and history, the free development and use mother tongue etc.

Structural elements of G. S. RF:

1) autonomy and independence of the state power of the Russian Federation;

2) the supremacy of state power throughout the territory of the Russian Federation, including its individual subjects;

3) territorial integrity of the Russian Federation.

The autonomy and independence of the state power of the Russian Federation assumes that the Russian Federation independently determines the directions of both domestic and foreign policy.

To ensure the right of the state

Jurisprudence.

State

State- a special form of organization of political power in society, which has sovereignty and manages society on the basis of law, with the help of a special mechanism (apparatus).

The state has a monopoly on the exercise of power and on the management of society.

Theories of the emergence of state-va:

Theological (divine will).

Patriarchal (the transformation of a large family into a people and the transformation of paternal power over children into the state power of the monarch over his subjects, who are obliged to obey him in everything).

Contractual (people entered into an agreement with the state, transferring to it part of their rights that belonged to them from birth, so that the state would manage society on their behalf and ensure order in it).

· The theory of violence (in a primitive society, strong tribes conquered the weak, creating a special apparatus of suppression in order to manage the conquered territories and ensure the obedience of their population).

· Irrigation theory (there was a need to organize major public works for the construction of irrigation facilities. For this, a special apparatus was created - the state).

Marxist theory (at a certain stage in the development of primitive society, due to the improvement of its productive forces, surpluses of products and goods appear in excess of what is necessary for personal consumption. These surpluses accumulate with individuals (primarily among leaders and elders), thus private property arises, which is not was under the tribal system.The emergence of property inequality leads to a split of a previously homogeneous society into classes with conflicting interests (rich and poor, slaves and slave owners).As a result, the economically dominant class needed a special structure to keep the slaves in obedience, and therefore the state was created as a special Apparatus, a machine with the help of which the slave owners established their political domination).

State signs:

· The presence of special state. authorities (government, police, courts, etc.)

State power extends to everyone who is on the territory of the state

Only the state can establish rules of conduct (rules of law)

Only the state can levy taxes and other mandatory fees from the population

State has sovereignty

State functions:

・Internal Functions

o In the economic sphere - long-term planning and forecasting of the country's economic development, the formation of state. budget and control over its spending, the establishment of a tax system.

o In the social sphere - social. Protection of the most vulnerable segments of the population (disabled, unemployed, large families), old-age pensions, allocation of funds for free education, health care, road construction, development public transport, means of communication, etc.

o In the political sphere - the protection of law and order, the rights and freedoms of citizens, the prevention of interethnic and religious conflicts, the provision of assistance to internally displaced persons and migrants.

o In the cultural sphere - state. support and financing of art, national culture, concern for the moral health of society.

· External functions

o Mutually beneficial economic, political, scientific, technical, military, cultural cooperation with other states.

o Protection against attack, external aggression, protection of state. borders.

o Ensuring peace on Earth, preventing wars, disarmament, elimination of nuclear, chemical and other weapons mass destruction, the fight against international terrorism.

State form

State form- organization and organization of the state. power and how to exercise it.

Form of government (who owns power):

· Monarchy (supreme power belongs to one person).

o Absolute - the monarch does not share power with anyone. (Ancient Egypt, Ancient China, etc.).

o Limited constitutional - along with the monarch, there is another supreme body of power (for example, parliament).

§ Parliamentary - the monarch is limited in rights and this is enshrined in the basic law (constitution). (Belgium, Sweden, Japan).

§ Dualistic - the duality of supreme power: the monarch forms the government, but the legislative power belongs to the parliament. (Rare - Morocco, Jordan).

· Republic (supreme power belongs to the bodies elected by the people for a certain period, while the elected representatives are legally responsible for their actions to manage society).

o Presidential - the president, elected by the electoral college (or directly by the people) for a fixed term, is both the head of state and the head of the executive branch. He heads the government, which he himself forms. (USA).

o Parliamentary - the president is elected by parliament and does not have much power. He is only the head of state and does not head the executive branch. At the head of the government is the prime minister. (Germany, Italy).

o Mixed (France, Russia).

State device (territorial division):

· Unitary - a state, the territory of which, for the convenience of management, is divided into administrative-territorial units (regions, districts, departments, voivodeships, etc.) that do not have independence. (Poland, France, Lithuania).

· Federal - a state, which is a voluntary association of several sovereign states. Having united, they create a qualitatively new state, in which they receive the status of objects of the federation (states, republics, lands, etc.). At the same time, new federal authorities are created, to which the members (subjects) of the federation transfer part of their powers, thereby limiting their sovereignty. Two systems of authorities - federal (operate throughout the state-va) and subjects of the federation (operate only on their territory). Laws - federal and subjects of the federation. (USA, Germany, Russia).

· Confederation - an alliance of sovereign states concluded by them to achieve any specific goals (joint solution of economic problems, defense). (USA from 1776 to 1787)

State (political) regimes:

· Democratic (ensures the equality of all citizens and the actual implementation of all civil and political rights and freedoms, as well as equal access for all citizens and their associations to participate in public and state affairs).

· Anti-democratic

o Totalitarian (the state exercises complete, universal (total) control over all spheres of society).

Judicial system of the Russian Federation

Elections

Election system:

· Majoritarian (One candidate from one electoral district. There should be no more than two candidates in the list of voters. Citizens vote for the best in their opinion.)

· Mixed (in some countries) (Half of the list by majoritarian, half by proportional).

The electoral qualification affects candidates and voters.

Candidates:

· Must have reached a certain age (usually 21).

· For some candidates, a residency requirement is introduced (to live a certain number of years in the country).

Voters must be able-bodied, of legal age, have citizenship, not have restrictions on their rights (sitting in prison, for example).

In a number of countries there is a property qualification (only wealthy citizens are allowed to vote).

Exists minimum threshold voter turnout (for most countries 50% + 1 person).

All elected deputies receive state. salary and immunity from persecution (cannot be arrested, detained, imprisoned). For committing a grave crime, a deputy is deprived of his status (only parliament can deprive him of his status). The measure is aimed at protecting deputies from the arbitrariness of the authorities.

For all the time of work, a deputy cannot engage in commercial activities, be a member of the state. service.

The work of a deputy is to participate in the activities of parliament, to carry out party functions, to protect the rights of citizens. In addition, a deputy may engage in scientific or journalistic activities.

At the time of work, the deputy is provided with official housing (in some countries and transport).

The deputy has extended powers in relation to state bodies. authorities (the deputy can make a request on the fact of violation of rights revealed by him in any state authority).

The deputy has the right to raise the issue before the prosecutor's office and inquiry in cases of violation of the rights of voters.

Assistants are assigned to carry out the work. In some countries, deputy assistants have the rights of the deputy himself. In the Russian Federation, assistants to a deputy perform only technical functions.

At the end of the term of the deputy mandate, the deputy leaves official property and returns to the region where he was elected. If the deputy held a position in state bodies. power before the election, then he gets it back.

There are a number of government positions. authorities incompatible with the work of a deputy.

A person cannot be elected simultaneously to local and federal government bodies. In case of victory in both local and federal elections, he will be left in only one.

legal relationship

legal relationship- public relations, regulated by the rule of law, are authorized and protected by the state.

All significant relations in society are regulated by the rule of law. Ignorance of the rule of law does not exempt the subject from liability in case of violations.

Rules of law are divided into areas of application.

Relations related to property, as well as some non-property relations, are regulated by the norms of civil law (the Civil Code of the Russian Federation and the Civil Procedure Code of the Russian Federation).

Personal non-property relations include honor, dignity and business reputation. Civil law protects these three categories.

Relations in the sphere of administrative management and public order are regulated by the norms of administrative law.

Regulations of ministries, departments, services, norms of behavior of citizens are regulated by the Administrative Code of the Russian Federation.

Public relations related to the suppression of crimes are regulated by the norms of criminal law. The provisions of criminal law apply only to individuals. persons (i.e. the company cannot be held liable, employees can be held accountable).

Offenses:

In civil law - torts

In administrative law - misdemeanors

In criminal law - crimes

Offense- an objective, guilty, unlawful act committed by a proper subject.

Crimes are the most dangerous.

The offense consists of 4 parts:

Object (Public relation, which is protected by the state. The state does not protect individuals or legal entities personally, it protects the rules of law. The rules of law regulate public relations. Participants in public relations automatically become subjects of legal relations. If the subject of the legal relationship violates the rule of law , he becomes the subject of the offense.By violating the rights of the nomu, the subject violates the rights of persons participating in legal relations.)

Objective side (all circumstances allowing to establish the actions of the offender)

Subjective side (characterized by guilt)

Guilt- the mental attitude of a person to the act committed by him.

o Direct (when the person knew about the consequences of his act and desired their occurrence)

o Indirect (when the person knew about the consequences of his act, but was indifferent to them)

Recklessness

o Frivolity (the person knew about the consequences of the act, did not want them to occur, frivolously expected that the consequences would not occur or they could be prevented)

o Negligence (the person did not know about the consequences of the act, although by virtue of qualification, or, based on the circumstances, he should have known)

The subject (the offense is committed only by a capable or divisible subject)

Civil legal relations

Civil legal relations regulate social relations that are associated with property relations, the interests of individuals. and legal individuals, as well as government agencies. authorities.

Property relations imply the interest of the parties in obtaining mat. benefits, both by obtaining property (movable and immovable), and by performing work and providing services.

Personal relationships:

o Property

o Non-property

Both categories involve checkmate. interest, the subjects of which, participating in civil legal relations pursue their own private interest, usually associated with enrichment, including state bodies. authorities.

Similar information.