Functions of the political system. State and political system of society

Decor elements 26.09.2019

The political system of society is understood as the totality of various political institutions, socio-political communities, forms of interactions and relationships between them, in which political power is exercised. The functions of the political system of society are diverse:

  1. determination of goals, objectives, ways of development of society;
  2. organization of the company's activities to achieve the set goals;
  3. distribution of material and spiritual resources;
  4. coordination of various interests of the subjects of the political process;
  5. development and implementation in society of various norms of behavior;
  6. ensuring the stability and security of society;
  7. political socialization of the individual, familiarizing people with political life;
  8. control over the implementation of political and other norms of behavior, suppression of attempts to violate them.

The basis for the classification of political systems is, as a rule, the political regime, the nature and method of interaction between the authorities, the individual and society. According to this criterion, all political systems can be divided into totalitarian, authoritarian and democratic.

The political system of society consists of political relations, political organizations, political norms and political views and ideas. political science identifies five main elements of the political system, also called subsystems:

  • institutional,
  • communicative,
  • normative,
  • cultural and ideological,
  • functional.

The institutional subsystem includes political organizations (institutions), among which the state occupies a special place. Of non-governmental organizations, political parties and socio-political movements play an important role in the political life of society. All political institutions can be conditionally divided into three groups. Political organizations proper include organizations whose immediate purpose of existence is the exercise of power or influence on it (the state, political parties and socio-political movements). The second group - non-political ones - includes organizations that carry out their activities in the economic, social, cultural spheres of society (trade unions, religious and cooperative organizations, etc.). They do not set themselves independent political tasks, do not participate in the struggle for power. But their goals cannot be achieved outside the political system, and therefore such organizations must participate in the political life of society, defending their corporate interests, seeking to take them into account and implement them in politics. Finally, the third group includes organizations that have only a minor political aspect in their activities. They arise and function to realize the personal interests and inclinations of a certain stratum of people (hobby clubs, sports societies). They acquire a political connotation as objects of influence on the part of the state and other proper political institutions. They themselves are not active subjects of political relations.

The communicative subsystem of the political system of society is a set of relations and forms of interaction that develop between classes, social groups, nations, individuals regarding their participation in the exercise of power, the development and implementation of policies. Political relations are the result of numerous and diverse connections of political subjects in the process of political activity. People and political institutions are motivated to join them by their own political interests and needs. Allocate primary and secondary (derivative) political relations. The former include various forms of interaction between social groups (classes, nations, estates, etc.), as well as within them, the latter - relations between states, parties, other political institutions that reflect in their activities the interests of certain social strata or the whole society.

Political relations are built on the basis certain rules(norms). Political norms and traditions that determine and regulate the political life of society constitute the normative subsystem of the political system of society. The most important role is played by legal norms (constitutions, laws, other normative legal acts). The activities of parties and other public organizations are regulated by their statutory and program norms. In many countries (especially in England and its former colonies), along with written political norms, unwritten customs and traditions are of great importance. Another group of political norms is represented by ethical and moral norms, in which the ideas of the whole society or its individual strata about good and evil, truth, and justice are fixed. Modern society came closer to realizing the need to return to politics such moral guidelines as honor, conscience, nobility.

The cultural and ideological subsystem of the political system is a set of political ideas, views, ideas, feelings of political life participants that are different in their content. The political consciousness of the subjects of the political process functions at two levels: theoretical (political ideology) and empirical (political psychology). The forms of manifestation of political ideology include views, slogans, ideas, concepts, theories, and political psychology - feelings, emotions, moods, prejudices, traditions. But in the political life of society they are equal. In the ideological subsystem, a special place is occupied by political culture, understood as a complex of rooted patterns (stereotypes) of behavior, value orientations of political ideas that are typical for a given society. Political culture is the experience of political activity passed down from generation to generation, which combines the knowledge, beliefs and patterns of behavior of a person and social groups. The main directions of the reform of the political system in our country are determined by the Constitution of the Russian Federation, adopted by referendum on December 12, 1993. It proclaims our state to be a democratic federal legal state with a republican form of government (Article 1). The bearer of sovereignty and the only source of power in Russia is the people who exercise their will directly (through elections and a referendum), through state authorities and local governments (Article 2). In Russia, free elections, in which all citizens from the age of 18 participate (except for those recognized by the court as incapable and held in places of deprivation of liberty by a court verdict), the President, deputies of the State Duma, members of the highest legislative bodies and heads of the highest executive bodies of the constituent entities of the Federation, bodies local self-government, heads of city and district administrations.

The Constitution of our state enshrined and guaranteed fundamental human rights and freedoms. Political and ideological pluralism, diversity and equality of different forms of ownership, and separation of powers are declared to be the foundations of the constitutional system. But the real formation of a democratic regime in Russia has just begun.

Politic system

Target: form students' understanding of the structure of the political system.

Lesson type: combined.

During the classes

I. Repetition.

Answer the self-test questions, p. 228.

II. Learning new material.

1. Structure and functions of the political system.

2. The state in the political system.

3. Political regime.

4. Democratic changes in Russia.

- a set of political organizations, socio-political responsibilities, forms of interaction and relations between them, in which political power is exercised.

Functions of the political system

1. Definition of tasks, ways of development of society.

2. Organization of the company's activities to achieve the set goals.

3. Distribution of material and spiritual resources.

4. Coordination of various interests, subjects of the political process.

5. Development and implementation in society of various norms of behavior.

6. Ensuring the stability and security of society.

7. Political socialization of the individual, introducing people to political life.

8. Control over the implementation of political and other norms of behavior, suppression of attempts to violate them.

The political system of society- an extensive set of various political institutions, socio-political communities, forms, norms and principles of interactions and relationships between them, in which political power is exercised.

Signs of the political system of society:

– within its framework, a mechanism is being formed and improved political power;

- claims a monopoly of legitimate physical violence;

- is determined by the social, economic and spiritual structure of society;

- is relatively independent.

The main elements of the political system of society

1. Political principles and legal norms:

- regulate political relations, giving them order, defining what is allowed and what is not allowed in the functioning of this political system;

- legitimize political foundations;

- determine the style and methods of work of the state apparatus, other institutions of political organization;

- contribute to the formation of a mechanism for the distribution and consolidation of relevant roles among members of society).

2. Political institutions:

- represent political institutions with an organized structure, centralized management, executive apparatus;

- include forms and essence of political functions, relations, types of management.

3. Political consciousness:

- reflects social reality;

- perceives events, evaluating them according to the degree of significance and compliance with interests, legislative acts, political norms, traditions, ideals;

- predicts possible prospects for social and political changes in society.

4. Political culture:

- performs the role of a stabilizing and destabilizing factor in the political system;

- carries out the continuity of political traditions, customs, social historical experience.

Basis for the classification of political systems

1) the type of formation and the nature of the socio-economic structure:

- slaveholding;

- feudal;

- bourgeois

- communist.

2) the nature of the political regime:

- totalitarian.

3) social basis:

- military;

- civil;

- national democratic;

- bourgeois-democratic.

4) the development of civil society.

The word "politics" comes from the Greek word Politika, which means in translation "state affairs", "the art of government".

The political superstructure did not always exist. Among the reasons for its occurrence are the polarization of society, leading to the emergence of social contradictions and conflicts that need to be resolved, as well as the increased level of complexity and importance of managing society, which required the formation of special bodies of power separated from the people. The most important prerequisite for politics was the emergence of political and state power. Primitive societies were non-political.

Modern science offers various definitions of politics. Among them are the following:

1. Politics is the relationship between states, classes, social groups, nations, arising from the capture, exercise and retention of political power in society, as well as relations between states in the international arena.

2. Politics is the activity of state bodies, political parties, public associations in the sphere of relations between social groups (classes, nations), states, aimed at integrating their efforts in order to strengthen political power or conquer it.

3. Politics is the sphere of activity of groups, parties, individuals, the state, associated with the implementation of generally significant interests with the help of political power.

The political system of society is understood as the totality of various political institutions, socio-political communities, forms of interactions and relationships between them, in which political power is exercised.

The functions of the political system of society are diverse:

1) determination of goals, objectives, ways of development of society;

2) organization of the company's activities to achieve the set goals;

3) distribution of material and spiritual resources;

4) coordination of various interests of the subjects of the political process;

5) development and implementation of various norms of behavior in society;

6) ensuring the stability and security of society;

7) political socialization of the individual, familiarizing people with political life;

8) control over the implementation of political and other norms of behavior, suppression of attempts to violate them.

The basis for the classification of political systems is, as a rule, the political regime, the nature and method of interaction between the authorities, the individual and society. According to this criterion, all political systems can be divided into totalitarian, authoritarian and democratic.

Political science distinguishes four main elements of the political system, also called subsystems:

1) institutional;

2) communicative;

3) regulatory;

4) cultural and ideological.

The institutional subsystem includes political organizations (institutions), among which the state occupies a special place. Of the non-state organizations, political parties and socio-political movements play an important role in the political life of society.

All political institutions can be conditionally divided into three groups. The first group - proper political - includes organizations whose immediate purpose of existence is the exercise of power or influence on it (the state, political parties and socio-political movements).

The second group - non-political ones - includes organizations that carry out their activities in the economic, social, cultural spheres of society (trade unions, religious and cooperative organizations, etc.). They do not set themselves independent political tasks, do not participate in the struggle for power. But their goals cannot be achieved outside the political system, so such organizations must participate in the political life of society, defending their corporate interests, seeking to take them into account and implement them in politics.

Finally, the third group includes organizations that have only a minor political aspect in their activities. They arise and function to realize the personal interests and inclinations of a certain stratum of people (hobby clubs, sports societies). They acquire a political connotation as objects of influence on the part of the state and other self-political institutions. They themselves are not active subjects of political relations.

The main institution of the political system of society is the state. Its special place in the political system is predetermined by the following factors:

1) the state has the broadest social basis, expresses the interests of the main part of the population;

2) the state is the only political organization that has a special apparatus of control and coercion, extending its power to all members of society;

3) the state has a wide range of means of influencing its citizens, while the possibilities of political parties and other organizations are limited;

4) the state establishes the legal foundations for the functioning of the entire political system, adopts laws that determine the procedure for the creation and operation of other political organizations, establishes direct bans on the work of certain public organizations;

5) the state has huge material resources to ensure the implementation of their policies;

6) the state performs an integrating (unifying) role within the political system, being the "core" of the entire political life of society, since it is around state power that the political struggle unfolds.

The communicative subsystem of the political system of society is a set of relations and forms of interaction that develop between classes, social groups, nations, individuals regarding their participation in the exercise of power, the development and implementation of policies. Political relations are the result of numerous and varied connections of political subjects in the process of political activity. People and political institutions are motivated to join them by their own political interests and needs.

Allocate primary and secondary (derivative) political relations. The former include various forms of interaction between social groups (classes, nations, estates, etc.), as well as within them, the latter - relations between states, parties, other political institutions that reflect in their activities the interests of certain social strata or the whole society.

Political relations are built on the basis of certain rules (norms). Political norms and traditions that determine and regulate the political life of society constitute the normative subsystem of the political system of society. The most important role is played by legal norms (constitutions, laws, other normative legal acts). The activities of parties and other public organizations are regulated by their statutory and program norms. In many countries (especially in England and its former colonies), along with written political norms, unwritten customs and traditions are of great importance.

Another group of political norms is represented by ethical and moral norms, in which the ideas of the whole society or its individual strata about good and evil, truth, and justice are fixed. Modern society has come close to realizing the need to return such moral guidelines as honor, conscience, and nobility to politics.

The cultural and ideological subsystem of the political system is a set of political ideas, views, ideas, feelings of political life participants that are different in their content. The political consciousness of the subjects of the political process functions at two levels - theoretical (political ideology) and empirical (political psychology). The forms of manifestation of political ideology include views, slogans, ideas, concepts, theories, and political psychology - feelings, emotions, moods, prejudices, traditions. In the political life of society, they are equal.

In the ideological subsystem, a special place is occupied by political culture, understood as a complex of typical for a given society, ingrained patterns (stereotypes) of behavior, value orientations, and political ideas. Political culture is the experience of political activity passed down from generation to generation, in which knowledge, beliefs and behavior patterns of a person and social groups are combined.

2. Power, its origin and types

Power is the ability and ability to exercise one's will, to exert a decisive influence on the activities and behavior of people through any means.

Significant features of power relations can be considered:

1) the presence of at least two partners;

2) an order, which is an expression of the will of the person giving it in relation to the one by whom this order should be carried out, with the threat of a sanction for disobedience;

3) social norms that establish that the person giving the order has the right to do this, and the one to whom the order refers must fulfill it;

4) submission to the will expressed in the order.

On the one hand, power in society is a mechanism designed to smooth and resolve social conflicts (the conflict aspect of power), on the other hand, it is an organization to achieve common goals (the target aspect of power). Every society needs power, which is a necessary condition for its functioning as social system, and therefore arises with it.

In primitive society, power was of a directly public nature, since all major issues were resolved at tribal meetings. There was no special apparatus that would deal only with the management of public affairs in the tribal organization. However, tribal meetings were convened extremely rarely. Their course, as a rule, was regulated and directed by the council of elders, which resolved disputes, coordinated the actions of members of the clan during agricultural work, etc. Gradually, primitive society moves away from the principle of equality of all its members both in work and in everyday life. Power is concentrated in the hands of the leaders, who were men who had a high social status and recognition. They stood out among their relatives even outwardly - they wore clothes that distinguished them from other people. In the tribal society, the leaders were mainly engaged in organizing military campaigns and distributing the spoils both in the war and in the process. economic activity kind, and also exercised control over the exchange and trade. In the performance of these functions they were assisted by a special staff of assistants.

The chiefdom was a special type of power that developed in primitive society at a late stage of its development, and was one of the varieties of political power. Such power is called political, which is based on coercion of one group of people against another. Political power begins where the ability to influence becomes not interpersonal (in the family), not narrow group (in a separate group, collective), but extends to individual social groups and society as a whole. The exercise of political power requires:

1) social division between the group exercising power and the groups in respect of which this power is exercised;

2) organized coercion on a social scale.

Political power has the properties of obligation and coercion for all members of society, the right of legalized use of force against them. Political power is divided into state and public. State called political power, exercised through a special apparatus (the state). Public power is formed by party structures, public organizations, the media, public opinion, etc.

Sources (or resources) of power - real and potential means that are used to strengthen power. The classification of resources of power into economic, social, cultural-informational and power resources is widespread. Economic resources include material values ​​in the broadest sense, social resources - a system of various privileges and benefits, prestigious and highly paid positions, etc., cultural-information - knowledge and information, to power - institutions of physical coercion (army, police, etc.). However, the effectiveness of power largely depends on its legitimacy (from Latin legitimus - legal). Power is recognized as legitimate if it is not imposed by force, but is accepted by the masses and relies on their voluntary consent to obey its commands. Legitimate power is perceived by the population as lawful and fair. The term "legitimacy" was introduced into scientific circulation by the famous German sociologist M. Weber in relation to domination. Weber himself opposed the identification of the concepts of "power" and "domination". The latter, in his opinion, suggests that one of the interacting parties requires obedience, while the other voluntarily obeys. Depending on the motives of voluntary submission, Weber identified three types of legitimate domination.

Traditional domination is conditioned by traditions, customs, habit. This type of legitimacy is based on the belief not only in the legitimacy, but also in the holiness of ancient orders. Traditional norms have a binding force in relation to both the population and the ruling elite.

Legal (or rational-legal) domination is based on the recognition of voluntarily established legal norms governing power relations. With this type of legitimacy, not only the ruled, but the rulers are subject to laws. The conductor of the basic principles of rational-legal domination is the bureaucracy. In its most complete form, legal domination is embodied in the rule of law.

Charismatic dominance(from the Greek. charisma - a divine gift) relies on the authority of the leader, who is credited with exceptional features. Charisma is seen as a quality and ability bestowed by God, nature, fate. A charismatic leader is guided in his activities not by existing legal norms, but by his own inspiration. The failure of such power can lead to the disappearance of faith in the extraordinary qualities of the leader and the destruction of the foundations of charismatic domination. Charismatic leaders come to power, as a rule, in conditions of a socio-political crisis. Therefore, the charismatic legitimacy of political power does not give grounds for predicting its long existence. After social stabilization, charismatic domination is transformed into traditional or legal. The traditional and rational-legal types of legitimacy are more durable.

The types of political domination described above are rarely found in their pure form: in real political practice they are intertwined and mutually complement each other.

Legitimacy can be either gained by power or lost. Therefore, the subject of constant concern of the ruling groups is the legitimization of power, i.e. ensuring its recognition and approval by the governed. The degree of legitimacy of power can be judged by the level of coercion required by the government to carry out its own policy, by the strength of manifestation of civil disobedience (both in active and passive forms), by the results of elections, etc.

Legitimacy should be distinguished from legality (legality), which is understood as a formal, legal consolidation of power in the relevant state acts. It is not difficult to obtain legal legitimacy (legality) for those who have taken power into their own hands. Legality can also be inherent in illegitimate power.

3. The origin of the state. Theories of the origin of the state

Both in the past and in the present, scientists have tried to explain the reasons for the emergence of such an important institution of human society as the state.

Of all the theories of the origin of the state that exist today, the theological or religious theory is the oldest. Its most authoritative representative is the medieval thinker Thomas Aquinas. The essence of theological theory boils down to the fact that the state, like everything earthly, has a divine origin. According to Thomas Aquinas, the procedure for the emergence of the state is similar to the process of the creation of the world by God. Before proceeding to the leadership of the world, God decided to give it harmony and organization, for which he established the state. With the help of the state, God rules the world. His activity on Earth is personified by monarchs, since their power is from God. Monarchs are endowed by God with the right to command people, but they themselves are only servants of the church.

Theological theory has also been established in the legal science of many Muslim countries, where the concept of the state is inextricably linked with the idea of ​​a caliphate - the ideal form of organization of the Muslim community. According to Islamic dogmas, the idea of ​​creating such a state was inspired by the Prophet Muhammad by Allah himself.

Theological theory is very vulnerable scientifically. But at the same time, its peculiarity lies precisely in the fact that adherents of this version of the origin of the state appeal not to knowledge, not to evidence, but to faith. They argue that people are still not able to comprehend the full depth of the divine plan and therefore should simply believe that everything on Earth was created by God - including the state.

The founder of the patriarchal theory of the emergence of the state is the Greek philosopher Aristotle. In the 17th century the main provisions of this theory were developed in his writings by the Englishman Filmer, and at the end of the 19th century. similar ideas were expressed by the Russian sociologist and public figure N. K. Mikhailovsky. The essence of the patriarchal theory is that, according to its authors, the state is a product of the natural development of the family, during which the family grows into a clan, the clan into a tribe, and the tribe evolves into a state. Accordingly, the power of the head of the family - the father (patriarch) - turns into the power of the head of state, monarchical power, which should be obeyed as paternal.

The patriarchal theory reflected one of the features of the development of society in the era of the tribal system - the concentration of power in the hands of elders and leaders. However, it also has a number of significant drawbacks. So, historians have established that the patriarchal family appears as a result of the decomposition of the tribal system, and not vice versa. In addition, the state and the family perform various functions in society: if the main functions of the family are the reproduction of the family and the organization of joint consumption, then the state power is called upon to solve other tasks (ensure the safety of the population, smooth out conflicts that arise in society, etc.)

The authors of the contractual theory of the origin of the state are considered to be the Dutch philosopher G. Grotius, the English thinkers T. Hobbes and D. Locke, the French scientists J.-J. Rousseau and P. Holbach. In Russia, A. N. Radishchev shared its main provisions. According to their views, the state arose as a result of a social contract, according to which people who were previously in a natural, primitive state renounced part of their rights and freedoms in exchange for guarantees of personal security. But this was not a contract-deal with the monarch, but a fundamental agreement that created civil society and the state. The social contract was not a specific document, but a certain state of society. In case of violation of its conditions by one of the parties, the other had the right to retaliate: the monarch - to punish the guilty, and the people - to revolt against the despot.

Thus, the contractual theory considered the state solely as an artificial product of the conscious activity of people, without taking into account the objective processes leading to its formation. It seems doubtful that various groups of people with specific interests could agree in the absence of state power structures. In addition, without experience of state-legal life, people could hardly create such a complex mechanism as the state. However, the theory of the social contract in many ways contributed to the struggle of the rising bourgeoisie against absolutism.

The theory of violence claims that the state is the result of conquest. The German Marxist K. Kautsky and the Austrian scientist L. Gumplovich argued that the state arises as a result of the conquest of one tribe (or people) by another, is imposed on society from the outside. The state is interpreted by them as an organization of the rule of the conquerors in order to support and strengthen their dominance over the conquered. Indeed, in the history of mankind there were states whose emergence was the result of the conquest of one people by another (the states of the Lombards, Visigoths, etc.). But the process of folding the state did not take place in all regions of the world. In addition, violence was often not the cause, but only a factor accelerating the formation of the state. The conquest of one people by another often took place in the conditions of already established early state structures.

The representatives of the psychological theory of the origin of the state are the French scientist G. Tarde and the Russian lawyer L. I. Petrazhitsky. Both thinkers believed that the main reasons for the emergence of the state are rooted in the characteristics of the human psyche, his emotions and inclinations. Some people have a psychological need to command the weak, while others have to obey the stronger. People's awareness of the justice of certain patterns of behavior in society is the reason for the emergence of the state. However, modern psychology proceeds from the fact that the human psyche is not primary in relation to socio-political reality, but, on the contrary, is formed under the influence of the latter.

The essence of the irrigation theory of the origin of the state, which was formulated by the German scientist K. Wittfogel, is that the state arises as a result of the society's need for the constant implementation of large-scale work to create irrigation canals and irrigation facilities (Mesopotamia, Egypt, China). Only the state can carry out such work, mobilize huge masses of people. Wittfogel's theory has a local character, that is, it can serve to explain the process of the origin of the state only in certain localities the globe. In addition, some scholars believe that the state appeared before the start of irrigation work and allowed organizing such large and coordinated actions of the population.

The French scientist J. A. de Gobineau can be considered the founder of racial theory. The German philosopher F. Nietzsche also made a great contribution to its development. The racial theory is based on the thesis that the reason for the emergence of the state is the division of society into higher and lower races. The first, to which the Aryans primarily belong, are called upon to dominate society, the second - "subhuman" (Slavs, Jews, gypsies, etc.) - blindly obey the first. The state is necessary for some races to dominate over others. However, modern biological science does not see any connection between the racial differences of people and their mental abilities. The racial theory itself is not scientific, but political in nature: it is no coincidence that its provisions on the initial inequality of different races and peoples were used by the Nazis to justify the right of the Aryan race to seize the territories of other peoples and destroy them during World War II.

The creator of the organic theory of the origin of the state is the English scientist G. Spencer. Its appearance was largely due to the successes of natural science in the 19th century. According to Spencer's constructions, society and the state are similar to the human body, and therefore their essence can be understood and explained by analogy with the laws of anatomy and physiology. This theory considers the state not as a product of social development, but as a product of the forces of nature, a kind of incomprehensible biological being. All parts of this creature are specialized in performing certain functions, for example, the activities of the government are similar to the functions of the human brain, etc.

The creators of the class theory of the origin of the state, which for a long time dominated the domestic historical and legal sciences, were K. Marx and F. Engels. Its main idea was that the emergence of the state is the result of the split of society into classes with irreconcilable interests. The productive forces at a certain stage of their development made it possible to achieve such an increase in labor productivity, which made it possible to produce a surplus product. In the new economic conditions, the family could not only provide for its livelihood, but also create certain surpluses. The surplus product made it possible for the elders, military leaders to concentrate certain material values ​​in their hands, which entailed the emergence of property inequality. This is how private property arises, and society is stratified into the haves and the have-nots. Under these conditions, it became possible to use someone else's labor and receive a surplus product by exploiting the labor of other people (captives or ruined members of the clan). There was a division of society into classes that occupied opposite positions in society. A fierce struggle began between these classes, during which the ruling class sought to preserve and strengthen its position, and the exploited class to change its own. The old tribal system could not resolve these contradictions. A different organization of power was needed that could:

2) ensure the existence and functioning of society as an integral organism.

The state, isolated from society and possessing powerful power, became such an organization.

Marxism proceeds from the fact that the indicated path of origin of the state is typical and characteristic of all regions. However, the split of society into classes was the leading state-forming factor only in Europe. The very first states arose at the turn of IV-III millennium BC. e. in the valleys major rivers- Nile, Tigris and Euphrates, Indus and Ganges, Yangtze. In these climatic zones, for successful agriculture, it was necessary to create large irrigation facilities (canals, dams, water lifts, etc.). The volume of work on the creation of such structures was great and significantly exceeded the capabilities of individual tribal formations. The latter predetermined the need for their unification under the unified command of the state. Thus, the main reasons for the emergence of the state in the East were:

1) the need for large-scale irrigation works in connection with the development of irrigated agriculture;

2) the need to unite, in order to achieve these goals, large masses of people in large areas;

3) the need for centralized leadership of these masses.

Scientists also note the features of the emergence of the state among the ancient Germanic tribes. The process of the emergence of the state here was accelerated by the conquest of significant territories of the Roman Empire, which clearly showed the inability of the tribal system to ensure domination over a large territory and the need to create state administrative-territorial structures. This form of the emergence of the state was not exceptional: the state appeared in the same way in Ancient Russia, Ireland and some other European countries.

The path of the emergence of the state in the Ancient East is considered typical. The emergence of feudal states (Germans and Slavs) was a unique phenomenon.

In modern legal science, there is another concept of the origin of the state - economic. Its supporters believe that the state was formed in the process of society's transition from an appropriating to a producing economy. Back in the 1930s. the famous English archaeologist G. Child proposed to call this transition the Neolithic revolution (from "Neolithic" - the new stone age). At the same time, he meant qualitative changes in the economy, similar to the industrial revolution of the 18th-19th centuries. The cause of the Neolithic revolution was the ecological crisis (that is why this theory is also called the "crisis"), observed at the turn of the 12th-10th millennium BC. e., which threatened the very existence of man, primarily due to the extinction of many species of animals that were the main source of food. These phenomena forced people to engage in such labor activity, which would be aimed at the production of food. The transition from hunting, fishing and gathering to farming and pastoralism led to a sustainable food supply for human collectives and contributed to population growth. The producing economy united significant masses of people and created new forms of their existence - settled life, production, exchange.

The organization of primitive society became more complicated: a special layer of people formed from representatives of rich and noble families, whose main occupation was management. These people made up a special apparatus, which, in necessary cases, began to use coercion to solve the most important tasks. Power acquired a political character and began to be inherited or bought for money. The tribal organization of society was replaced by the state.

Despite the difference in explaining the causes of the emergence of the state, both Marxist and economic concepts agree that state power grows out of the power of the tribal system in the historical period, when the relations of social production and reproduction of a person begin to need a certain streamlining, and the level of economic development allows society to contain a special apparatus of people performing this function.

All of the above theories of the origin of the state have one common drawback - limitedness. Each of the considered concepts represents the subjective view of its authors on the objective process of the development of society, singling out as the cause of the emergence of the state. any one factor. Modern approaches to this problem are based on the fact that it is very difficult, if not impossible, to isolate the factor that determines the process of the emergence of the state in all regions and among all peoples. In modern science, there is a certain agreement in characterizing the prerequisites for the formation of a state, among which are economic (the Neolithic revolution, the production of a surplus product), environmental (the need for irrigation farming), demographic (population growth and the complication of the social structure), psychological (the way of life of various nations) and external (threats to society coming from outside, as well as the experience of development of other countries) factors.

4. State, its features and functions

In defining the concept of the state, various scholars bring to the fore either coercion against the exploited classes, or the organization of common affairs arising from the nature of any society.

Thus, the ancient Greek philosopher Aristotle defined the state as the union of many genera for the sake of a better, perfect life. The famous Roman politician Cicero saw in the state a union of people united by the principles of law and common good. 17th century English philosopher T. Hobbes believed that the state is “a single person, the supreme lord, the sovereign, whose will, due to the agreement of many persons, is considered the will of all, so that it can use the strengths and abilities of everyone for common peace and protection.” Russian lawyer G. F. Shershenevich interpreted the state as a union of people under one authority and within the same territory.

The essence of the state is the main thing in this phenomenon that determines its content and functioning. For a long time, our science was dominated by the Marxist approach to the definition of the state. The absolutization of violence as its essence led K. Marx, F. Engels and V. I. Lenin to assert that the state is a machine for oppressing one class by another, a special apparatus that uses the possibilities of political power to maintain the dominance of the class that owns the main means of production. This theory arose during the formation of an industrial society, when the social structure had a pronounced class character, and class contradictions gave rise to revolutionary actions. Under these conditions, the state, expressing the interests of the economically dominant class, carried out organized violence and defended the existing mode of production. But after the revolution of 1917 in Russia and the Great Depression of 1929-1933. in countries Western Europe and the United States, which raised the question of the fate of capitalism, the role and purpose of the state in society changed: from an instrument of class domination, it turned into a means of social compromise under the rule of law. The state has become an instrument of reconciliation of social contradictions, representing the interests of the whole society. Society itself has changed. The status of a person and his belonging to any social group is determined today not only by the attitude towards the means of production. Power in the state also brings the possession of information, qualifications, talents. Violence itself against many social groups has ceased to be relevant. Therefore, the functions of violence in the state are increasingly receding into the background, while general social activity is moving to the fore. And the state is seen as a political, structural and territorial organization of modern society.

The existence of the state as a political institution is due to the fact that it is a special organization of political power that regulates the activities of people, streamlines their relationships, and ensures the stability of society.

How structural organization the state finds expression in the presence of a special apparatus, a special category of people with powers of authority. The state differs from other political organizations (parties, trade unions, etc.) by a clearly structured system of bodies that carry out its diverse functions.

Finally, if non-governmental organizations unite people according to their worldview, political views, professional interests, then the state unites the population of a certain territory with its subsequent division into administrative-territorial units. The state extends its power and laws to a strictly defined territory.

In modern legal science, the most common definition of the state is the following: state - this is a special organization of power and administration, which has a special apparatus of coercion and is able to give its decrees binding force for the population of the whole country.

Any state is characterized by a number of features. Some of them distinguish states from the organization of power in primitive society. These include the following signs.

1. The presence of a special public authority, separated from society and not coinciding with it.

2. State power is exercised by a special layer of people (bureaucracy) professionally engaged in administration, who are specially organized for this purpose and have material means for the systematic, professional implementation of their functions.

3. Territorial organization of power and population. If under the tribal system people were united by blood ties and public power was exercised by a circle of relatives, then state power unites people not on the basis of kinship, but on territorial affiliation and acts on a territorial basis. State power extends to any persons within the territory of the state, regardless of their consanguinity. The population living on the territory of a particular state is divided into administrative-territorial units, according to which the management of society is carried out.

4. Taxes (loans). No state can exist without the collection of obligatory payments (taxes). They are paid by individuals and organizations that have income received on the territory of the state. Taxes are necessary for the state to maintain its apparatus and carry out state functions.

The second group of features distinguishes the state from other political organizations of modern society (political parties, trade unions, etc.).

1. Sovereignty - the sovereignty of the state within the country and its independence in the international arena. Thus, sovereignty is characterized by two sides - supremacy and independence. Supremacy means the ability of the state to independently resolve the most important issues of society, to establish and maintain a single legal order. Independence characterizes the independence of the state in relations with other countries.

Sometimes the sovereignty of a state is limited. Limitation of sovereignty can be forced and voluntary. Forced limitation of sovereignty can take place, for example, in relation to the state defeated in the war by the victorious states. Voluntary limitation of sovereignty may be allowed by the state itself by mutual agreement with other states in order to achieve any goals common to these states or in the case of their unification into a federation and the transfer of a number of their rights to federal bodies.

2. Monopoly on lawmaking, implying the exclusive right of the state to issue laws and other regulations binding on the population of the entire country.

The functions of the state are called the main, socially significant directions of its activity, expressing the essence of the state and corresponding to the main tasks of a certain historical stage in the development of society.

The formation of functions occurs in the process of formation and development of the state. The sequence of occurrence of certain functions depends on the importance and priority of the tasks facing society. In different historical periods, different goals of the state, and, consequently, the functions corresponding to them, may acquire priority.

Each of the functions of the state has a certain content, which shows what the state does, what its bodies do, what issues they solve. The content of the functions does not remain unchanged - it changes along with the changes taking place in society. The content of the functions of modern states is influenced by national factors, scientific and technological progress, informatization processes, etc.

According to the object of influence, the functions of the state can be divided into internal and external. Internal functions - These are the main activities of the state within the country. The internal functions of the state include:

1) the function of protecting law and order, the rights and freedoms of citizens of the state;

2) the function of the legalized implementation of coercion in relation to various social groups and individuals;

3) political function (ensuring democracy and state sovereignty);

4) economic function (development of economic policy, formation of the state budget and control over its spending, establishment of a taxation system, pricing policy, management of state enterprises, etc.);

5) social function (creation of a system of social protection of the population, health systems, education, pensions, etc.);

6) environmental function (activities aimed at protecting, restoring and improving the natural conditions of people's lives);

7) ideological function (propaganda of certain ideas and values ​​with the help of state media, education of the younger generation in the spirit of the official ideology, etc.).

Such a set of state functions is evidence of the complete nationalization of society, which is characteristic of totalitarian regimes. With the change in the social structure of society to present stage violence against many social groups ceases to be relevant. The state is reducing its presence in the economy. The main ideological function cannot be recognized either: society must develop in conditions of ideological and political pluralism. The protection of human interests, rights and freedoms comes to the fore. In the activities of the state, it is also important to take into account and coordinate the interests of various groups of the population, protect the rights of minorities, and protect the environment.

External functions - these are the main activities of the state, manifested mainly outside the state and society, in relations with other organizations or states.

External features include:

1) protecting the country from an external threat (building the armed forces, waging defensive wars, creating and operating counterintelligence, border troops, etc.):

2) interaction with other states and international organizations (economic cooperation, participation in the work of various international organizations, in military-political blocs and alliances, etc.).

Another basis for classifying the functions of the state is the nature of the state's influence on social relations. In accordance with it, all functions can be divided into protective and regulatory.

Protective functions - this is the activity of the state aimed at ensuring the protection of all existing social relations(protection of the rights and freedoms of citizens, ecological function, protection of the state from external threats).

Regulatory functions - is the activity of the state, aimed at the development of existing social relations(economic, function of interaction with other states).

Another basis for classifying the functions of the state is the duration of their implementation. Accordingly, functions can be permanent or temporary. The former are carried out by the state for a long time and are most often inherent in the state at a number of stages of its existence. The latter are due to a specific period of social development and lose their significance as we move to a different stage.

And finally, according to their importance in public life, functions are divided into basic and non-basic (sub-functions). The latter include, for example, the organization of statistical accounting.

The state performs its functions in certain forms. They are divided into legal and organizational. Legal forms include:

1) law-making form (development and adoption of legal norms, publication of regulatory legal acts);

2) legal enforcement form (taking measures to enforce the rules of law, issuing individual acts of application of law);

3) law enforcement form (control and supervision over the observance and execution of norms, as well as the application of coercive measures against their violators).

The organizational forms of the implementation of the functions of the state are the following:

1) organizational and regulatory (current activities of state structures to ensure the functioning of state bodies, related to the preparation of draft documents, the organization of elections, etc.);

2) organizational and economic (operational and technical economic work related to accounting, statistics, supply, etc.);

3) organizational and ideological (everyday ideological work related to the clarification of newly issued regulations and the formation of public opinion).

The state can also exercise its functions in so-called non-legal forms, that is, in addition to law and even contrary to it. In particular, to achieve their goals with the help of violence, threats, without issuing or implementing legal norms. However, this is not typical for modern democratic states.

5. The form of the state. Form of government

The form of the state is the totality of the main ways of organizing, arranging and exercising state power, expressing its essence. It includes three elements: the form of government, the form of government and the political and legal regime.

Under the form of government is understood the organization of the highest authorities in a particular state and the order of their formation.

The form of government is a way of national and administrative-territorial structure of the state, reflecting the nature of the relationship between its constituent parts, as well as between central and local authorities.

The political and legal regime is a set of political and legal means and ways of exercising state power, expressing its content and nature.

According to the form of government, all states are divided into monarchies and republics. Monarchy - is a form of government in which the supreme power in the country is fully or partially concentrated in the hands of the sole head of state - monarch - and passed on to them by inheritance. The word "monarchy" itself is of Greek origin, it is translated as "autocracy" (from the words: monos - one, united and arche - supremacy, power).

Signs of a monarchical form of government are:

1) the existence of a sole head of state, enjoying perpetual lifelong power;

2) hereditary order of succession of supreme power;

3) the legal independence and irresponsibility of the monarch, emphasized by the institution of contra-signature - a procedure in which laws approved by the monarch are subject to mandatory certification by the signature of the prime minister (less often one of the ministers) responsible for the implementation of this law.

There are two systems of succession to the throne - personal and family. Under the personal system, the throne is inherited by a specific person, predetermined by law. The personal system has several varieties:

a) salic, in which only men can be heirs;

b) Castilian, when both women and men can be among the heirs, but the latter have an advantage;

c) Austrian, in which women have the right to take the throne only if there are no men in all generations of the dynasty;

d) Swedish, in which men and women inherit the throne on equal terms by birthright.

The essence of the family system of inheritance lies in the fact that the monarch is chosen by the royal family itself (often together with the highest clergy) or the reigning monarch, but only from persons belonging to this dynasty.

The monarchical form of government has three varieties: absolute, dualistic and parliamentary.

An absolute monarchy is a form of monarchy in which the power of the monarch is legally and practically not limited by anyone or anything. In the absence of a parliament, legislative power is concentrated in the hands of the monarch, whose decrees have the force of law. He also owns the executive power: the government is formed by the monarch and is responsible to him. An example of an absolute monarchy in the modern world is the Sultanate of Oman.

Dualistic monarchy - this is a transitional form of monarchy, in which the power of the monarch is limited by parliament in the legislative field. A dualistic monarchy is formed in the context of the intensification of the political struggle between the bourgeoisie and the nobility, being a kind of compromise between them. At the same time, the legislative power is actually divided between the monarch and parliament: no law can be adopted without the approval of a representative body. However, the head of state still has in his hands such effective levers of influence on the legislature as the virtually unlimited right to dissolve parliament, the right to absolute veto on its decisions, as well as the right to issue decrees with the force of law, in between sessions of parliament or in emergency situations. . The monarch concentrates in his hands the executive power, appoints and removes the government. There are no mechanisms of parliamentary control over the actions of the Cabinet of Ministers. The dualistic monarchies were the Russian Empire in 1906-1917, the German Empire in 1871-1918, Japan in 1889-1945. Some modern monarchies (Jordan, Kuwait, etc.) have certain features of dualism, but in the "pure" form of dualistic monarchies do not exist in the world today.

Most modern monarchies are parliamentary. A parliamentary monarchy is a form of monarchy in which the power of the monarch is limited in the legislative sphere by parliament, and in the executive sphere by the government.("The monarch reigns, but does not govern"). Legislative power belongs to Parliament. The monarch has the right to veto laws passed by parliament, but does not use it. Extraordinary decree legislation of the monarch is provided for, but not used. The head of state has the right to dissolve parliament only on the recommendation of the government. Formally, it is he who is the head of the executive branch, although in reality it is exercised by the government. The Cabinet of Ministers is formed following the results of parliamentary elections by the winning party or coalition. The Government is responsible to Parliament.

In a parliamentary monarchy, the king has no real power and does not interfere in politics, but this does not mean that he does not play any role in the state. His powers, which traditionally belong to the head of state (declaring a state of emergency and martial law, the right to declare war and conclude peace, etc.), are sometimes called "sleeping", since the monarch can use them in a situation of a threat to the existing system.

In the modern world, there are other, atypical forms of monarchy. For example, the elective monarchy in Malaysia (the king is elected for 5 years from among the hereditary sultans of 9 states); collective monarchy in the United Arab Emirates (the powers of the monarch belong to the Council of Emirs of the seven federated emirates); the patriarchal monarchy in Swaziland (where the king is essentially the leader of the tribe); the monarchies of the British Commonwealth - Australia, Canada, New Zealand (the head of state is formally the Queen of Great Britain, represented by the Governor General, but in reality all her functions are carried out by the government). Of particular note is theocracy - a form of monarchy in which the highest political and spiritual power in the state is concentrated in the hands of the clergy, and the head of the church is at the same time the secular head of state (Vatican).

The second form of government distinguished by modern - science is the republic. A republic is a form of government in which supreme power is exercised by elected bodies elected by the population for a fixed term. The word itself comes from the Latin phrase res publicum, which means "common cause."

As a form of government, a republic is characterized by several features:

1) the people are recognized as the source of power;

2) collegial (collective) decision-making principle;

3) all the highest bodies of state power are elected by the population or formed by the parliament (principle of election);

4) public authorities are elected for a certain period, after which they resign their powers (principle of turnover);

5) the supreme power is based on the principle of separation of powers, a clear delineation of their powers;

6) officials and state bodies are responsible for their actions (principle of responsibility).

It is customary to distinguish three main types of republic: presidential, parliamentary and mixed.

Presidential republic - this is a form of republic in which the head of state is the president, elected by popular vote and combining in one person the powers of the head of state and the head of the executive branch. The president forms the government under certain parliamentary oversight: in the US, for example, all appointments made by the president must be approved by the Senate. However, the government is responsible only to the president. Parliament cannot pass a vote of no confidence in the cabinet, but neither can the president dissolve the supreme legislative body. The government is headed by the president, there is no post of prime minister. The powers of the president are great: he is not only the head of state, but also the head of the executive branch. The typical presidential republic is the United States of America.

A parliamentary republic is a form of a republic in which an elected official (president, etc.) is at the head of the state, and the government is formed by the parliament and reports to it for its activities, and not to the head of state. Unlike a presidential republic, in a parliamentary republic, the head of state is elected at a meeting of parliament, which he can dissolve on the recommendation of the government. The government is formed by the parliament from the leaders of the party that won the election. At the head of the government is the prime minister, who actually heads the entire system of executive power in the country. The government is responsible to parliament, which can pass a vote of no confidence both in the entire cabinet as a whole and in its individual members. In a parliamentary republic, presidential powers are nominal; he performs any political actions on the recommendation of the government, which is responsible for them. A parliamentary republic exists in Italy, Germany, India, etc.

Mixed (semi-presidential) republic - a form of a republic that combines and coexists the features of parliamentary and presidential republics. As in a presidential republic, in a mixed republic the head of state is elected by extra-parliamentary means, that is, by popular vote. The government is formed by the president following the results of parliamentary elections and must receive a vote of confidence from the highest representative body. The prime minister heads the government. The constitution establishes the double responsibility of the government: to the parliament and to the president. In cases stipulated by law, the president has the right to dissolve parliament. Although the president in a mixed republic is the head of state, his powers in exercising executive power are limited by the government. Examples of a mixed republic are France, Russia.

In all varieties of the republican form of government, the president has the right of suspensive veto, which can be overridden by a qualified majority of parliamentarians. However, the head of state widely uses this right only in presidential and mixed types of republics.

In the modern world, there are other, atypical types of republics. For example, a theocratic republic (Iran, Afghanistan). Some African countries are characterized by a peculiar form of a presidential monocratic republic: under the conditions of a one-party political regime, the party leader was proclaimed president for life, while the parliament had no real powers (Zaire, Malawi). For a long time in domestic legal science, the Republic of Soviets was considered a special form of the republic. Its features were: frankly class character (dictatorship of the proletariat and the poorest peasantry), lack of separation of powers under the absolute power of the Soviets, rigid hierarchy of the latter (binding decisions of higher Soviets for lower ones), the right of voters to recall deputies of the Soviets before the expiration of their term of office (imperative mandate), real redistribution of power from episodically assembled Soviets in favor of their executive committees. But the collapse of the socialist system in the USSR led to the establishment of a republic of a mixed type in our country.

6. Form of government.

If the form of government characterizes states in terms of the formation and organization of the highest bodies of state power, then the form of government reflects the national-territorial structure of the country. According to the form of state structure, states are divided into unitary and federal.

A unitary state is a simple, unified state that does not have other state formations in its composition. The territory of a unitary state is directly divided into administrative-territorial units that do not have any political independence, although their powers can be quite wide in the economic, social and cultural spheres. The state apparatus of a unitary state is a single structure throughout the country. The competence of the highest state bodies is neither legally nor actually limited by the powers of local bodies. Citizenship of a unitary state is unified; administrative-territorial formations do not have their own citizenship. A unitary state also has a unified system of law. There is one constitution, the norms of which are valid throughout the country without any exceptions. Local authorities are obliged to apply all normative acts adopted by the central authorities. Their own norms are purely subordinate in nature, they apply only to the relevant territory. A unified judicial system administers justice throughout the country, guided by general legal norms. The judicial bodies of a unitary state are links of a single centralized system. The tax-val system of a unitary state is single-channel: taxes go to the center, and from there they are distributed among the regions. Among the modern states, France, Sweden, Turkey, Egypt, etc. are unitary.

A unitary state, on whose territory small nationalities live, allows the formation of autonomies. Autonomy - this is the internal self-government of the regions of the state, which differ in geographical, national, everyday features(Crimea in Ukraine, Corsica in France, Azores in Portugal). In some countries, where nationalities do not live compactly, but scattered, national-cultural autonomies are being created. Such autonomies are extraterritorial in nature. Representatives of a certain nationality create their own elected bodies, sometimes send their representative to the parliament, have their own representation in the government of the state. They are consulted when resolving issues related to language, life and culture.

Another form of government is a federation, which is a complex union state that has arisen as a result of the unification of a number of states or state entities (subjects of the federation) that have relative political independence.

The territory of the federation includes the territories of the subjects of the federation, which have their own administrative division. The subjects of the federation have partial sovereignty, a certain political independence. There are two levels of state apparatus in the federation: federal and subject of the federation. Parliament has a bicameral structure, with one of the chambers reflecting the interests of the subjects of the federation, and in its formation the principle of equal representation of all subjects of the federation is used, regardless of the population living on their territory. Citizenship of the federation is dual: each citizen is a citizen of the federation and the corresponding subject of the federation. There are two legal systems: federal and subjects of the federation. The latter have the right to adopt their own constitution. The principle of the hierarchy of laws has been established: the constitution and laws of the subjects of the federation must not contradict federal legislation.

Along with the federal judicial system, the subjects of the federation may have their own courts. The federal constitution establishes only the general principles of the judiciary and legal proceedings. The federation's tax system is two-channel: along with federal taxes that go to the federal treasury, there are also taxes from subjects of the federation. The United States, Germany, Russia, India, etc. are characterized by a federal state structure.

Among federal states, national-state and administrative-territorial states are distinguished. The first kind of federation usually takes place in a multinational state, and its creation is predetermined by national factors. Subjects in such a federation are formed on a national-territorial basis (partly in the Russian Federation). At the heart of the administrative-territorial federation, as a rule, are economic, geographical, transport and other territorial factors (Germany, USA, etc.).

There are also contractual and constituent federations. Treaty federations are created as a result of the free association of a number of states and state formations, enshrined in a treaty (USA, USSR). Constituent federations arise as a result of the transformation of unitary states or contractual federations, they themselves create their own subjects in their composition, endowing them with a part of sovereignty (Russian Federation).

One of the complex issues of federation is the question of the right of nations to self-determination and secession from the federation (the right of secession). Secession is a unilateral withdrawal of a subject of the federation from its composition. In the vast majority of modern federations, this right is not constitutionally enshrined (the exception is Ethiopia). However, according to the Constitution of the USSR of 1977, the union republics had such a right, which was the formal basis for their withdrawal in 1990-1991.

Some legal scholars distinguish another type of form of government - a confederation. However, formally it is not a state. A confederation is a permanent union of sovereign states created to achieve some common goal.

The confederation does not have its own territory - it consists of the territories of its constituent states. The subjects of the confederation are sovereign states that have the right to freely secede from its composition. The confederation forms the central bodies, which are endowed with the powers delegated to them by the member states of the confederation. These bodies do not have direct authority over the states that make up the confederation. Their decisions are taken on the principle of unanimity and are carried out only with the consent of the authorities of the respective states. Confederal bodies can adopt normative acts only on those issues that are within their competence. These acts do not operate directly on the territory of the members of the confederation and need to be ratified by their parliaments. There is no confederation citizenship: each member state has its own citizenship. There is also no unified judicial system. The budget of the confederation is formed from voluntary contributions states - members of the confederation, taxes are absent. The last confederation was Senegambia in 1981-1988.

In recent decades, many forms of economic, political, cultural and other associations of states have emerged in the world: commonwealth, community, etc. These include the European Union, which was previously called the Economic Community, then simply the Community. As a result of the strengthening of integration processes, this association is evolving towards a confederation.

After the collapse of the USSR, the Commonwealth arose in its geopolitical space Independent States(CIS). Another example of a supranational association is the British Commonwealth of Nations, which consists of England and its former colonies. It was formed after the Second World War as a result of the collapse of the British Empire.

7. Political and legal regime

According to the degree of political freedom of the individual and the state's observance of his rights and freedoms, political and legal regimes are divided into democratic and anti-democratic.

The term "democracy" is of Greek origin. Literally translated, it means "rule of the people." The first democratic forms of political life appeared in antiquity: scientists speak of the existence of primitive, or communal, democracy in the early period of human history. Democracy was well known in the ancient world ( Ancient Greece and Ancient Rome). Athens is considered a classic example of ancient democracy. The heyday of the Athenian slave-owning democracy falls on the 5th century. BC . e. and is associated primarily with the name of Purnkla. In the European Middle Ages, democratic cities also arose repeatedly. - states (for example, Novgorod, Venice, Genoa, etc.).

In modern political science democracy is understood as a political and legal regime(sometimes they talk about the political system, the form of the state-political structure), based on the recognition of the people as the source and subject of power. The main features of a democratic regime are: the formation of government bodies by election, the freedom of activity of various subjects of political life, the recognition and guarantee by the state of political rights and freedoms of the individual.

Anti-democratic is a political and legal regime based on the violation of the rights and freedoms of the individual and the establishment of the dictatorship of one person or group of people. Anti-democratic regimes are divided into totalitarian, authoritarian and military.

Totalitarian regime - this is a political rg-zhim, claiming complete control over the individual from the outside, the state. Western political scientists (3. Brzezinski and K. Friedrich) distinguish the following signs of a totalitarian regime:

1) the presence of a single mass party that has actually merged with the state apparatus, headed by a charismatic leader-dictator; deification of the leader, his life-long irremovability;

2) the presence of an official totalitarian ideology dominating society (communism, national socialism, fascism). This ideology is characterized by a belief in the imminent onset of a "bright future". Social development is presented as a teleological process, that is, a process directed towards a specific goal. Ideology is not subject to criticism, and deviation from it is severely punished by the state;

3) the monopoly of power on information, its complete control over the media;

4) the monopoly of the state on the means of armed struggle;

5) the presence of a powerful apparatus of control and coercion, mass terror in relation to the so-called "enemies of the people";

6) the subordination of the economy to the state, the command-administrative management system.

In modern philosophical and political literature, there is another approach to explaining the phenomenon of totalitarianism. It is based on an analysis of the position of the individual in a totalitarian society (E. Fromm, K. Jaspers, X. Ortega y Gasset, F. Hayek, and others). The adherents of this concept pay the main attention to the analysis of the mechanism of the birth of a mass society and the emergence of a “crowd man”, which is the backbone of a totalitarian regime. This point of view connects the existence of totalitarianism not with the suppression and destruction of the individual "from above", by the state, but with the demand for the totalitarian system by society in those historical periods when the contradictions of its modernization are most acute.

A totalitarian regime can maintain the appearance of democracy, in particular, regularly resort to such a form as holding a referendum.

Although the totalitarian regime claims to establish universal equality and is focused on creating a socially homogeneous society, in fact it generates deep inequality between the bureaucracy and the population.

A political regime that retains a monopoly on power and control over the political life of the state, but does not claim total control over society, is called authoritarian.

The bearer of power under an authoritarian regime is one person or a group of persons (the ruling elite) "The people are alienated from power, and it is not controlled by citizens. The activities of the political opposition are prohibited. The regime potentially relies on force, which, however, is not always used in the form of systematic police terror. The state renounces total control over society, does not interfere in non-political spheres of life.The regime is mainly engaged in ensuring its own security and stability.

Authoritarianism is a regime that has a character that is transitional from totalitarian to democratic. A society freed from the total control of the state is not always ready to use power. Many post-totalitarian societies lack the necessary prerequisites for democracy (political culture of the masses, civil society, respect for the law). An attempt to “jump” an authoritarian regime leads to anarchy and, as a result, to a new dictatorship.

The military regime is a political regime in which the head of the state is a military group (junta), which received its power as a result of a coup d'etat.

The signs of a military regime are:

1) the transfer of power as a result of a military coup to the junta;

2) the abolition of the constitution and its replacement by acts of the military authorities;

3) dissolution of political parties, parliament, local authorities and their replacement by the military:

4) restriction of the operation of political rights and freedoms of a person;

5) creation under the junta of advisory bodies of technocrats.

Quite often, military coups take place under the progressive slogans of economic reforms, establishing political stability, eliminating corruption.

8. Democracy and its forms

Democracy presupposes the recognition of the principle of equality and freedom of all people, the active participation of the people in the political life of the country. The democratic regime is usually inherent in countries with a market economy, in the social structure of which the middle class occupies a significant place.

A democratic regime is formed only in states that have achieved a high level of socio-economic development capable of ensuring the necessary well-being for all citizens, without which it is impossible to achieve social harmony, stability and strength of basic democratic principles. Genuine democracy can function in a society with a high degree of development of general and political culture, significant social and political activity of individuals and their voluntary associations, ready to defend the institutions of democracy. Another prerequisite for democracy is the diversity of forms of ownership, the mandatory recognition and guarantee of the right to private property: only in this case is it possible to really ensure all human rights and freedoms and its, even relative, independence from states.

Democracy is characterized by the following features:

1) recognition of the people as the source of power and the bearer of sovereignty. It is the people who have the constituent, constitutional power in the state, they choose their representatives and can periodically replace them;

2) formal legal equality of citizens and their equal opportunity to participate in the political life of the country;

3) the existence of fundamental human rights and freedoms, their recognition, guarantee and protection by the state;

4) the adoption of the most important power decisions on the principle of the majority: it is the majority, and not the minority, that expresses its will through the institutions of democracy;

5) the right of the minority to oppose while submitting to the decisions of the majority;

6) political pluralism, which means the presence of various autonomous socio-political parties, movements, groups that are in a state of free competition;

7) a system of separation of powers, in which the various branches of state power are quite independent and balance each other, preventing the establishment of a dictatorship;

8) publicity of the actions of state bodies and officials, the possibility of unhindered control over them by society. This is facilitated by: meetings of collegiate state bodies open to the press, the publication of their verbatim reports, the submission by officials of declarations of their incomes, the existence of non-governmental mass media free from censorship and independent of the authorities;

9) electivity of the main authorities on the basis of universal, direct, equal suffrage by secret ballot;

10) a developed system of local self-government bodies that are closest to the people and competent in solving local problems.

Strong state power must stand guard over democratic principles and forms of organization of political life. Otherwise, there may be a threat of degeneration of democracy into an ochlocracy (ohlos - the crowd and cratos - power, that is, the power of the crowd). Under ochlocracy, the principle of civil liberty is replaced by the principle of mob arbitrariness. It is she who acts as the master of the situation, dictating her will to politicians and state bodies.

In order for the above signs to be really implemented, the existence of universal institutions of democracy is necessary.

The universal institutions of democracy are organizational forms through which democratic principles are implemented. These include: the election of the highest bodies of the state, without which it is impossible to identify the will of the majority and organize the normal functioning of the democratic regime; responsibility or accountability of elected bodies to voters or their authorized representatives (deputies); the turnover of the composition of elected state bodies upon the expiration of their term of office. All this strengthens the democratic regime and hinders attempts to usurp state power.

In accordance with the way the people exercise their power, two forms of democracy are distinguished: direct (direct) and indirect (representative). The institutions of direct democracy, within which the people directly make political decisions and exercise their power, are elections and referendums. They also include meetings, rallies, processions, demonstrations, picketing, appeals to authorities (petitions) and public discussion of the most important issues.

Representative democracy implies the ability of the people to exercise their power through their representatives in various state bodies. A special role among them is played by the parliament - the highest legislative and representative (elected) body of power in the country.

The Constitution of the Russian Federation of 1993 fixed another form of democracy - the system of local governments. They are separated from the local authorities and ensure the participation of the population in local decision-making.

All institutions of direct democracy can be divided into those having a final, generally binding value and having a consultative value. Elections and referendums belong to the first group of institutions.

Elections are called the procedure for the formation of a state body or the empowerment of an official, carried out through the voting of persons with the right to vote. Parliaments, local self-government bodies are formed through elections, heads of states, regional and local executive authorities are elected. The procedure for the formation of elected bodies of the state is called the electoral system. It includes the right to vote, the electoral process and the procedure for recalling deputies.

Suffrage refers to the principles and conditions for the participation of citizens in the formation of elected bodies. The right to vote can be active (the right to vote) and passive (the right to be elected). Suffrage may be limited by qualifications. Qualifications are age, educational, national, racial, property, estate and settlement (restriction of suffrage depending on the time of residence in the constituency).

In democratic states, elections are held on the basis of the so-called "four-member system", characterized by universal, direct, equal suffrage by secret ballot.

Universal suffrage - this is the right to participate in elections of all citizens who have reached a certain age (usually 18 years), regardless of gender, race, nationality and other factors. Only the residency requirement is allowed. In the Russian Federation, persons recognized as legally incompetent by a court decision and persons held in places of deprivation of liberty by a court verdict cannot participate in elections.

Equal suffrage means that each voter has the same number of votes and participates in elections on an equal footing (simplified, this formula sounds like this: "One voter - one vote"). Each elected deputy represents approximately the same number of voters.

Direct suffrage means that each voter votes directly for the candidate being elected. Elections may not be direct (indirect), when voters form an electoral college, and they, in turn, vote for a candidate.

Other principles that characterize the electoral right are: freedom of elections and voluntary participation in them, a combination of state and non-state funding, publicity and public control over the conduct of elections, as well as the alternativeness of the latter (a real opportunity to choose from several proposed candidates).

The electoral process represents the order and main stages in the organization of elections. The electoral process includes myself the following main steps:

1) appointment of elections (as a rule, by the head of state);

2) organization of constituencies with an approximately equal number of voters;

3) creation of election commissions that ensure the preparation and conduct of elections;

4) registration of voters in the manner prescribed by law, compilation of lists of voters;

5) nomination of candidates for elective positions and their registration;

6) pre-election campaign;

9) establishment of results and distribution of seats in elective bodies based on the results of voting.

With optional registration, the law does not even formally aim to achieve the inclusion in the lists of voters of all persons who meet the electoral qualifications: registration is carried out at the initiative of the voter, and the registrar is only obliged to prevent persons who do not have the right to vote from participating in the elections. The optional registration system has two varieties. Under the first of these, voter registration is permanent: a voter once included in the voting lists is considered permanently registered and is deleted from them only in case of death. The essence of the second variety is that the registration is periodic: through certain time Voter lists are annulled and every voter who wants to take part in the elections is required to re-register.

Under a compulsory registration system, the registrar is required to ensure that everyone eligible to vote is placed on the voting rolls.

The majority system is a method of determining the results of voting, in which, in order to obtain a mandate, it is required to collect the majority of votes established by law. The main principle of this system is the “winner takes all” rule. Majority systems are divided into relative majority systems and absolute majority systems. Under an absolute majority system, a candidate must receive an absolute majority of the votes cast in the district (more than half or 50% + 1 vote) in order to be elected. The advantage of this system is the simplicity of determining the results so that the elected deputy will represent the absolute majority of voters. However, its disadvantages are also significant: high non-representation (as a result, up to 49% of the votes can be lost) and the likelihood of holding several rounds of voting (if in the first round none of the candidates won an absolute majority of votes), which leads to an increase in absenteeism(avoidance of participation in elections).

Under a majoritarian system of relative majority, the TOT candidate who received more votes than each of his opponents separately is considered elected.. This system allows you to determine the winner in the first round of voting. Often, however, a candidate is elected who receives a very small percentage of the vote and represents the interests of a clear minority of the electorate.

proportional electoral system - This is a way of determining the results of voting, which is based on the principle of distribution of seats in proportion to the number of votes received by each party. Under such a system, large constituencies are created, from each of which several deputies are elected. Often the entire country becomes the constituency. Elections are held only on a party basis: each electoral association or bloc nominates its own list of candidates for vacant positions, and the voter does not vote for an individual, but for one or another party list as a whole. Within the list, mandates are distributed according to the order in which the candidates are placed on the list. Under such a system, it is impossible to nominate a so-called independent candidate: in order to be elected, one must be on the list.

After the vote, the electoral quota ("election meter") is determined. The simplest way its definition is that the total number of votes cast in the constituency is divided by the number of mandates to be distributed. Then the distribution of deputy seats between party lists is carried out by dividing the votes received by each party by the quota. How many times the quota fits into the number of votes received by the party, so many mandates it will have. When applying this method, all seats are not allocated at once: after the first transfer of mandates, one more method of distributing the remaining balances (for example, the largest remainder method) must be used.

Example. 5 party lists participated in the elections. The list of party A received 126,000 votes, party B - 94,000, party C - 88,000, party D - 65,000 and party D - 27,000. A total of 400,000 votes were cast in the district. The constituency is represented in Parliament by 8 deputies.

We determine the electoral quota. 400 thousand votes: 8 seats = 50 thousand. We carry out the first distribution. List A - 126,000 votes: 50,000 = 2 seats (remaining 26,000 votes). List B - 94 thousand votes: 50 thousand = 1 place (residual 44 thousand votes). List B - 88 thousand votes: 50 thousand = 1 place (the rest is 38 thousand votes). List G - 65,000 votes: 50,000 = 1st place (remaining 15,000 votes). List D - 27,000 votes: 50,000 = 0 seats (remaining 27,000 votes). Thus, after the first distribution of mandates, 3 mandates remained unfilled. In accordance with the method of the largest remainder, the lists with the largest remainder of votes - lists B, C and D will receive one additional mandate.

In order to prevent "dwarf" parties from receiving mandates, some countries have introduced a so-called percentage barrier: lists that do not receive a certain number of votes (usually 5%) are excluded from the distribution of mandates, and the votes they collect are not taken into account when summing up.

In most countries, there is no provision in the constitutions for the right of voters to recall deputies before the expiration of their term of office. In these countries, elections are based on the principle of a free mandate, that is, the independence of a deputy from the voters. The principle of a free mandate is also implemented in the electoral legislation of the Russian Federation. In the former Soviet republics, there was a so-called imperative mandate, according to which a deputy was "bound" in his activities by the orders of voters, responsible to them and could be prematurely recalled.

Another institution of direct democracy is referendum - a popular vote on bills, laws in force or other issues of national importance. Switzerland is considered the birthplace of the referendum, where the first popular vote was held back in 1439. Referendums are divided:

a) according to the legal force of the results into advisory (the decisions of this referendum are not binding, its purpose is to find out the opinion of the population) and decisive (the decisions of the referendum are binding and do not require approval by any body);

c) according to the method of organization into mandatory (the issue put to a vote can be decided only by a referendum) and optional (a referendum on this issue is not mandatory).

The referendum initiative may come from the head of state, the entire parliament or a group of its deputies, from a certain number of citizens or local governments. Referendums usually ask questions that require an unambiguously positive (“yes”) or unambiguously negative (“no”) answer. A number of issues are not allowed to be put to a referendum. So, for example, in the Russian Federation, these include questions about changing the status of a constituent entity of the Russian Federation, early termination or extension of the powers of higher state authorities, about the state budget, taxes, amnesty and pardon. As in elections, special commissions are formed to hold a referendum, campaigning is carried out. Legal consequences are associated primarily with the decisive referendum, the results of which, in the event of a positive answer to the question, become the law of the state.

All other institutions of direct democracy (for example, rallies, processions, picketing, etc.) have an advisory value.

10. State apparatus

The mechanism (apparatus) of the state - it is a system of state bodies through which the tasks and functions of the state are carried out.

The activity of any state apparatus is built in accordance with specific principles, which are understood as the main ideas that determine approaches to the formation and functioning of state bodies. In democratic states (including Russia), these include:

1) the principle of representing the interests of citizens in all levels of the state apparatus;

2) the principle of separation of powers, which excludes the possibility of arbitrariness on the part of state bodies and officials;

3) the principle of democracy, which allows taking into account the interests of the majority of citizens of the state;

4) the principle of legality, meaning the obligatory observance of laws in all parts of the state apparatus;

5) the principle of publicity, ensuring the openness of the activities of state bodies;

6) the principle of professionalism and competence of civil servants, which guarantees a high level of solution of the most important issues of public life;

7) the principle of federalism (in federal states), which ensures the delimitation of jurisdiction between the federation and its subjects.

Modern legal science distinguishes three main models for building the state apparatus:

1) centralized-segmental, in which only central bodies functioning throughout the state (president, parliament, government), as well as their local representatives, are considered state authorities. Local elected bodies are considered in this system as local self-government bodies and have a special field of activity. This model is characteristic of modern democratic states. It is especially effective in conditions of political stability in the country;

2) monocephalic (Greek mono - one, kephale - head), in which the entire system of state bodies is one. At the head of this system is a person or body that has full power and gives it to lower bodies, which, as a rule, are appointed by higher ones. Such a system of state bodies is rigidly hierarchical, extremely personalized and pyramidal in its construction. Local authorities are not bodies of local self-government, but bodies of the state. The monocephalic model of the state mechanism is characteristic of anti-democratic regimes, as it is well suited for exercising centralized control over society. It usually develops in conditions of political instability in post-revolutionary periods or as a result of military coups;

3) monotheocratic, which combines the autocracy of the head of state, supported by religious dogmas, and the long-term preservation of tribal orders. The head of state is also the highest spiritual person. There is no separation of powers and parliamentarism. This model is typical for states that have declared Islam the state religion (Iran, Saudi Arabia, Qatar).

The state apparatus consists of various order of formation, structure and role in the exercise of power of state bodies. The government body is component mechanism of the state (individual or organization), endowed with state powers and participating in the implementation of the functions of the state. Therefore, the government agency:

1) is an independent element of the state apparatus;

2) endowed with authority, including the possibility of using coercion;

3) is formed and operates on the basis of legal acts that determine its competence. Competence of the state body - this is the volume and list of state-power powers assigned to this body, as well as its legal obligations. In addition, the concept of competence often includes a list of issues on which this body empowered to make their own decisions.

State bodies exercise their competence in three forms. The first form is the publication of legal acts. The second form is the adoption of law enforcement acts. The third form is the organizational activity of the state body.

State authorities are distinguished according to several criteria:

1) according to the terms of office, all state bodies are divided into temporary and permanent. Temporary bodies are created to achieve short-term goals, while permanent ones function indefinitely. For example, to the provisional bodies in Russia in 1917-1918. included the Provisional Government and the Constituent Assembly;

2) according to their place in the hierarchy, state bodies are divided into higher and local. In federations, in addition to them, there are also authorities of the subjects of the federation. An example of the highest authority in the Russian Federation is the State Duma of the Federal Assembly of the Russian Federation; an example of an authority of a subject of the federation is the Government of Moscow; an example of a local authority is the mayor of Vladivostok;

3) according to the nature of the exercise of competence, collegiate and one-man government bodies are distinguished. The former include, for example, the Supreme Court of the Russian Federation, the latter - the Prosecutor General of the Russian Federation;

4) in the order of formation, state bodies are primary, i.e. elected directly by the population, and derivatives, which are formed primary. An example of primary bodies is the Moscow City Duma, derivatives - the Federal Security Service of the Russian Federation;

5) according to the legal forms of activity, law-making (parliaments), law enforcement (governments) and law enforcement (courts, internal affairs bodies) state bodies are distinguished;

6) in accordance with the principle of separation of powers, state bodies are divided into legislative, executive and judicial.

The very principle of separation of powers has a long history. The foundations of the theory of separation of powers were laid down by ancient thinkers, in particular Aristotle. It was formulated in its most complete form in 1784 by the French educator Ch.-L. Montesquieu. The need for separation of powers into legislative, executive and judicial follows, according to Montesquieu, from the nature of man, his tendency to abuse power: every power must have its limit and not threaten the rights and freedoms of citizens. This theory was intended to substantiate such a structure of the state that would exclude the possibility of usurpation of power by anyone in general, and in particular by any body of the state. Initially, it was aimed at justifying the limitation of the power of the king, and then it began to be used as an ideological basis for the struggle against all forms of dictatorship. History shows that the danger of the latter is constant: society and the state are constantly fighting among themselves, and periodically the state wins in this struggle.

The theory of the separation of powers, as it was stated by Montesquieu, assumes the separate functioning of three different, independent and mutually balanced powers: legislative, executive and judicial. The separation of powers is based on the fact that in the state it is necessary to carry out three different types of activities: the adoption of laws, their implementation and the administration of justice (punishment of violators of these laws, resolution of conflicts related to the application of laws). But there is another side of the problem: from the point of view of ensuring democracy, it is advisable to distribute these three areas of state activity among three different groups of state bodies so that there is no monopolization of power by one of its branches. It is also important that these three independent authorities can control each other, creating complex system"checks and balances".

Thus, the separation of powers provides certain guarantees against arbitrariness, lawlessness, and authoritarianism. However, the principle of separation of powers cannot be absolutized: for the normal functioning of the state, the interaction of all branches of a single state power is necessary.

The leading place in the system of separation of powers is occupied by the legislative branch of power. Legislative power is state power delegated by the people to its representatives, exercised collectively by issuing legislative acts, as well as monitoring and controlling the executive power, mainly in the financial sphere.

Legislative power is representative power. During the electoral procedure, the people transfer power to the deputies and thus empower the legislature to exercise state power.

In different states, the legislative bodies are called differently: in the Russian Federation - the Federal Assembly, in the USA - the Congress, in the UK - the Parliament, in France - the National Assembly. Historically, the first legislature was the English Parliament (from the French parler - to speak), so the legislature is often called the Parliament.

Parliaments can be single or bicameral. As a rule, bicameral parliaments exist in federal states. At the same time, the upper house reflects the interests of the subjects of the federation and is formed on the basis of their equal representation. In addition, the term of office of the upper house is often longer than that of the lower house, its deputies have a higher age limit, and it is usually formed on the basis of indirect (indirect) elections. In many countries, only the lower houses of parliament are subject to early dissolution. Therefore, the upper chambers become a kind of "barrier" in the way of hasty and populist bills adopted by the lower houses.

The chambers of parliament form permanent and temporary committees and commissions, the main purpose of which is the preliminary consideration of bills. Deputies from one party unite in parliament in factions to coordinate joint actions.

In addition to the exclusive right of legislation, only the parliament has the right to establish taxes and fees, adopt a budget, and ratify foreign policy treaties. Parliament participates in the formation of many higher bodies of state power. Parliament exercises its powers in sessions. The activities of parliaments are covered by the media. Deputies are required to periodically work in their constituencies and report to voters. In some states, there is the right to recall a deputy by voters before the expiration of his term of office (mandatory mandate).

The leading position of the parliament in the system of state power and administration is called parliamentarism.

executive power - this is a secondary, subordinate branch of state power, whose activities are aimed at ensuring the implementation of laws and other acts of the legislative power.

Executive power is exercised through a system of executive bodies, which are called upon to carry out executive and administrative activities.

The executive activity of these bodies consists in the fact that they are the direct executors of the requirements contained in the laws and acts of higher bodies. The administrative activity of these bodies consists in the fact that they take practical measures to implement the above requirements, organize the implementation of laws and orders by citizens and public organizations, as well as lower executive authorities.

These bodies are obliged to carry out all their activities in strict accordance with the law and in pursuance of laws, and not arbitrarily, at their own discretion. Therefore, the activities of the executive bodies of the state are called by-laws, and the legal acts they issue are called by-laws.

Executive power is exercised by the state through the president and the government, their local bodies. As a rule, the government bears joint and several political responsibility for the course pursued and the management activities carried out. Denial of confidence in the government is expressed in a strict legal form and through a special parliamentary procedure. A vote of no confidence leads to the resignation of the government and, as a general rule, its replacement with a new one. However, the defeated government (in order to balance the legislative power) can, without resigning, resort to the early dissolution of parliament (its lower house) and the holding of early general elections.

All countries provide for the possibility of bringing the head of government or its members to justice for the commission of criminal acts. In this case, the accusation is brought by the parliament or the lower house, and the consideration and decision of the case is referred to the jurisdiction of either the constitutional court, or the upper house of parliament.

A special place in the system of separation of powers is occupied by the judiciary, exercised through public, competitive consideration and resolution in court hearings disputes about law. The courts have a monopoly on the exercise of judicial power.

The judiciary is significantly different from the legislative and executive. The court does not create general rules of conduct (laws), it does not manage. But, exercising state power in a special form - the form of justice, the court is not isolated from other branches of power. It applies the laws issued by the parliament, other normative acts of state bodies, and the executive branch implements its decisions (imprisonment of criminals). Justice is the activity of the court to make a legal judgment about the law and the rights of the parties.

The court is characterized by judiciary and legal proceedings. The judiciary is understood as a set of norms that establish the tasks and principles of organization, the structure of the courts.

The judiciary in a democratic state is based on the following principles:

1) administration of justice only by the court;

2) formation of courts on the basis of election;

3) the independence of the court and its subordination only to the law;

4) inviolability of judges and their irremovability;

5) collegiality of the court.

As a rule, two boards interact in the composition of the court: a professional judge (judges) and people's representatives. Depending on the role of the collegium of people's representatives in court, two types of courts are distinguished - a court with the participation of jurors (jury court) and a sheffen court. The jury consists of one or more permanent judges and jurors (usually twelve). The functions of the judge and the jury during the process are strictly delineated. The jury renders a verdict on the guilt or innocence of the defendant, and the judge, on the basis of this verdict, formulates a verdict, which the jury cannot influence. The Sheffen Court consists of one collegium, which includes a judge (judges) and assessors (sheffens). Judgment is made jointly by them.

Litigation is a procedure established by law for initiating, investigating, considering and resolving criminal and civil cases. At the heart of legal proceedings in a democratic state are the principles of legality, the administration of justice only by the court, the equality of participants in the process, publicity, publicity, orality, continuity and competitiveness of the trial, and conducting the case in the national language.

A special type of courts are constitutional courts, whose competence includes the exercise of constitutional supervision, that is, checking the compliance of laws and other normative acts of the constitution. The objects of constitutional oversight can be ordinary laws, constitutional amendments, international treaties, regulations of the chambers of parliament and regulations of the executive branch. In federal states, constitutional courts also consider disputes on the delimitation of powers between the federation and its subjects.

Constitutional supervision can be exercised:

a) all courts of general jurisdiction (USA, Latin American countries, Norway, Japan);

b) the Supreme Court (Australia, Canada, India);

c) a special constitutional court, for which constitutional supervision is the main and only function (Russia, Austria, Germany);

d) a special non-judicial body (France).

In some countries, the constitutional court functions as the supreme judicial body, in others, the judiciary is headed by an independent Supreme Court.

All courts, in accordance with the legal sphere to which their powers apply, are divided into courts of general, special and administrative jurisdiction.

Courts of general jurisdiction (general civil courts) consider civil, labor and property disputes, cases of administrative offenses and criminal cases.

Courts of special jurisdiction (specialized courts) hear cases in which legal proceedings have certain specifics (for example, an arbitration court).

The courts of administrative jurisdiction mainly consider citizens' complaints about the excess of their powers by civil servants, as well as disputes between employees and the administration (there are no such courts in the Russian Federation yet).

The classical version of the theory of separation of powers, created in the 18th century, does not fully reflect the current state of the state mechanism: some state bodies, in their competence, cannot be unambiguously assigned to one or another branch of government. First of all, this applies to presidential power in republics of mixed and parliamentary type, where the president is not the head of the executive branch, but performs the functions of the head of state.

Prosecution bodies can also be named as an independent group of state bodies. They are not included in the system of executive bodies and, of course, do not belong to either the judiciary or the legislature. The main purpose of the Prosecutor's Office is to supervise the precise and uniform execution and application of laws throughout the state. In addition, the prosecutor's office usually carries out an investigation into some of the most important crimes, and also supports public prosecution in court. The bodies of the prosecutor's office are independent and independent in the process of carrying out their activities and are subordinate only to the prosecutor general.

Public opinion often singles out the fourth branch of power - mass media. This highlights their particular influence on political decision-making in a democratic society. With the help of the mass media, individuals, groups, political parties can publish their views on the most important problems of public life. They publish information about the activities of the parliament, including the results of a roll call vote on a particular issue, which is an important element of control over the activities of deputies.

11. Civil society and the rule of law

The idea of ​​civil society appeared in modern times, as opposed to the omnipotence of the state. The concept of civil society in its most complete form was developed by the German philosopher G. F. W. Hegel. He defined civil society as communication (communication) of individuals through a system of needs and division of labor, justice, external order (the police, etc.).

In modern political science, the following definition has been established: civil society is a sphere of self-manifestation of free citizens and voluntarily formed associations and organizations protected by relevant laws from direct interference and arbitrary regulation by the state authorities. In the space of civil society, individuals realize their private interests and make individual choices. The concepts of "civil society" and "state" reflect various aspects of the life of society that oppose each other.

The most important basis of civil society is an independent and full citizen.

However, for the functioning of civil society, it is necessary to have other prerequisites: economic (private property, diversified economy, free market and competition), social (large share in the middle class society), political and legal (legal equality of citizens, full provision of human rights and freedoms). and their protection, decentralization of power and political pluralism), cultural (ensuring the human right to information, high educational level of the population, freedom of conscience).

At the first stage (XVI-XVII centuries) of the formation of civil society, the economic and political prerequisites for its existence took shape, there was a revolution in social ideology (the emergence of bourgeois ethics). The second stage (XVIII - late XIX century) was characterized by the formation of civil society in the most developed countries of Europe and the USA in the form of capitalism of free competition. At this time, the principles and values ​​of liberalism were established as the basis of political life. At the third stage (XX century) there are significant changes in the social structure of society (the transformation of the middle class into the main social group), the process of formation of a legal social state is underway.

Civil society functions at several levels: production, socio-cultural and political-cultural. At the first level, citizens create associations or organizations (private, joint-stock enterprises, professional associations) to meet their basic needs for food, clothing, housing; on the second - To meet the needs for spiritual improvement, knowledge, information, communication and faith, such public institutions as the family, the church, the media, creative unions are created; the third level is political and cultural relations, in which the needs of citizens in political activity are realized. To do this, they create parties and political movements that are elements of the political system of society.

By the end of the XX century. mankind has come close to the real embodiment of the idea of ​​a legal state developed over the centuries. The ancient Greek philosopher Aristotle stood at its origins, but the concept of the rule of law was most fully reflected in the works of C. Montesquieu and I. Kant.

Kant, based on the progressive ideas of his predecessors about the political and legal structure of society, created a holistic doctrine of the rule of law. He believed that the source of the development of the state is social antagonism. There is a contradiction between the tendency of people to live together and their inherent malevolence and selfishness. Permission of this contradiction, ensuring real equality of all members of society, according to Kant, is possible only in conditions of universal legal civil society., governed by the rule of law. The rule of law is a sovereign union of the will of the persons who form the people. They also form the legislature. The executive branch is subordinate to the legislative branch and, in turn, appoints the judiciary. This way of organizing power, according to Kant, should ensure not only the separation of powers, but also their balance.

Over the following centuries, the ideas of the rule of law, formulated by Kant, constantly attracted the attention of philosophers, jurists and political scientists. At the end of the XIX century. the German lawyer G. Jellinek put forward the idea of ​​self-restriction of the state by laws created by it. However, time has shown that this still does not guarantee civil society protection from arbitrariness on the part of the authorities. The state can be equally bound by both democratic and authoritarian laws, elevating arbitrariness and violence. For example, fascist Germany declared itself a state of law, strictly followed the adopted laws, and nevertheless was a typical totalitarian regime, founded on violence and arbitrariness.

Significant interest in theories rule of law Russian jurists of the late XIX - early XX century. At that time, Russia faced the task of transitioning from a feudal, police state to a bourgeois state based on the principles of freedom and equality.

So, the famous Russian legal scholar, professor of St. Petersburg University N. M. Korkunov, discussing the mechanism for ensuring the rule of law in the state, developed the theory of separation of powers: is not just the isolation of the various branches of government from each other, and their mutual containment. Such containment, according to Korkunov, can be achieved in three ways:

a) division of functions between different bodies;

b) joint implementation of the same function by several bodies (for example, two chambers of parliament);

c) the performance of different functions by the same body, but in different ways.

But this was done to ensure the rule of law, Korkunov believed. Therefore, he raised the issue of creating special means and bodies of supervision over the observance of the rule of law in the activities of the governing bodies. Important here is the idea of ​​a universal right citizens for filing petitions. The ideas expressed by Korkunov are still relevant today, because they make it possible to ensure the realization of the rights and freedoms of citizens.

One of Korkunov's followers was SA Kotlyarevsky. He believed that the necessary freedoms of citizens should be enshrined in the constitution and ensured by the state. Among them, Kotlyarevsky included freedom of assembly and association, freedom of speech and the press, freedom of religion, personal immunity, etc. Focusing on the recognition of the importance individual rights personality, Kotlyarevsky also proposed certain conditions for their implementation. This is, first of all, the organization of judicial protection against cases of violation of these rights and the political responsibility of the highest representatives of power to the representatives of the people for offenses. The ideas put forward by Kotlyarevsky are reflected in modern concept legal state, where formulated as the principle of mutual responsibility of the individual and the state.

Thus, the idea of ​​the rule of law, which originated in ancient times, through the efforts of advanced thinkers of several centuries, turned into a coherent theory, and subsequently practically embodied in a number of countries around the world.

Modern legal science calls a legal state such that in all its activities it obeys the law, functions within the boundaries defined by law, ensuring the legal protection of its citizens.

The rule of law is characterized by the following features:

1. The rule of law, the "connectedness" of the state by law - all state bodies, officials, public associations, citizens in their activities are obliged to obey the requirements of the law. In turn, the laws in such a state must be legal, i.e.:

a) correspond as much as possible to society's ideas of justice;

b) be adopted by competent authorities authorized by the people;

c) be taken in accordance with a legally established procedure;

d) not contradict either the constitution or each other. All other by-laws must be issued in full compliance with the laws, without changing or restricting them.

2. Observance and protection of human rights and freedoms - the state must not only declare adherence to this principle, but also enshrine fundamental human rights in its laws, guarantee them and really protect them in practice.

3. Consistently carried out the principle of separation of powers, the creation of a system of "checks and balances", mutual limitation and mutual control of all branches of power.

4. Mutual responsibility of the state and the citizen - for violation of the law, the measure of responsibility provided for by law must necessarily follow, regardless of the personality of the offender. This principle is guaranteed by an independent court.

The prerequisites for the creation and functioning of the rule of law (sometimes they are called its foundations) are:

1) relations of production based on the diversity of forms of ownership, freedom of entrepreneurship. Economic independence and autonomy of the individual is necessary, since only an economically independent citizen can be an equal partner of the state in the political and legal sphere;

2) the regime of democracy, constitutionalism and parliamentarism, the sovereignty of the people, the prevention of attempts to usurp power;

3) a high level of political and legal consciousness of people, the political culture of the individual and society, understanding the need for conscious participation in the management of state and public affairs:

4) creation of an internally unified and consistent system of legislation, which alone can ensure real respect for the law;

5) civil society, i.e., a system of relations between people that ensures the satisfaction of their inalienable rights and interests on the basis of self-government and freedom. Only a “denationalized” society capable of solving the problems it faces on its own, without the daily intervention of the state (which creates the basis for the violation of the law by the latter), can be the social basis of a rule of law state.

The current Constitution of the Russian Federation, adopted at a national referendum on December 12, 1993, constituted the Russian Federation as a democratic legal state with a federal form of government. It enshrined the democratic regime and its basic institutions, the principle of the supremacy of the Constitution and laws, the principle of separation of powers. A separate chapter of the Constitution is devoted to the rights and freedoms of citizens of the Russian Federation, which are formulated in accordance with the norms of international law.

However, the process of formation of the rule of law state in the Russian Federation faces significant difficulties, is very slow and contradictory. In the Russian Federation, it has not yet been possible to fully implement any of the basic principles of the rule of law. The principle of the rule of law is grossly violated. It is a common practice for the representative and executive bodies of the constituent entities of the Russian Federation to adopt normative legal acts that contradict federal laws. A significant part of the norms enshrined in federal legislation is not being implemented, and is only formally in effect. Part of the population is deprived of the opportunity to have a job and receive decent remuneration for their work. The state is unable to adequately ensure the rights and freedoms of its citizens in the field of education, science, social security. The principle of separation of powers in the Constitution is enshrined in such a way that the legislature is not able to organize effective parliamentary control over the activities of the executive branch in organizing and ensuring the implementation of federal laws.

Thus, in order to build a rule of law state in the Russian Federation, it is necessary:

1) eliminate conflicts in the system of law both between individual federal laws and between federal laws, on the one hand, and the laws of the constituent entities of the Russian Federation, on the other; bring all regulatory legal acts in line with the Constitution of the Russian Federation (including by-laws - in line with the laws of the Russian Federation);

2) to overcome the remnants of legal nihilism both at the rule-making and law-enforcement levels, and in the public consciousness; to cultivate respect for the law in society;

3) strengthen control over the implementation of already adopted laws;

4) to eliminate the declarative nature of the rights and freedoms proclaimed by the Constitution by establishing a real procedural order for their judicial protection, to overcome distrust of the state and its bodies as institutions that oppose the interests of the individual, to promote the formation of an attitude towards the state as a guarantor and defender of the rights and legitimate interests of citizens.

The solution of these issues will mean the implementation of the principles of the rule of law and its actual creation.

Political parties

A political party (from lat. pars - part) is one of the most important institutions of the political system of society. There are several approaches to the definition of the concept of a party.

In the XIX - early XX century. Under the party, as a rule, they understood an association, a group of supporters of any ideology, seeking to realize their goals through politics.

Marxism understands the party as the most active part of a class or social stratum, expressing its political interests.

In political science of the XX century. the party is defined as an institution of the political system of society.

Political Party - this is a specialized, organizationally ordered group that unites active adherents of certain goals, ideas, leaders, serving to fight for political power.

Signs of the party: the presence of a program in which the goals and strategies of the party are formulated; the presence of a charter containing the most important norms of inner-party life; the presence of governing bodies and party functionaries; the presence of an organizational structure in the center and an extensive network of primary local organizations; participation in the struggle for political power; fixed membership (although this is not a mandatory feature).

The history of political parties in the modern sense of the word begins in the 18th-19th centuries, when, in the conditions of the formation of bourgeois democracy, it became necessary to attract broad social strata to participate in government.

Initially, political parties were created as a result of the union of parliamentary factions with local candidate support committees.

Now parties also arise as a result of the transformation of non-party structures (trade unions, religious, industrial societies, clubs). Quite often they are created by popular and influential political figures for their own candidacies. Mass parties, formed "from below", as a result of the formation of spontaneous social movements, became a special kind of political parties. Among the functions of political parties are:

1) political - the mastery of state power in order to implement their program;

2) the function of social representation - the expression in political life of the interests of some social stratum or the desire to create a strong support in society;

3) the function of social integration - the reconciliation of the interests of various social groups, the achievement of consensus in society;

4) the function of political recruiting - training and promotion of personnel for various political institutions;

5) ideological - the development of a party ideology and program;

6) electoral - organization and participation in election campaigns;

7) the recruitment of new members to the party and their political education.

The party is one of the most important institutions of civil society, carrying out its connection with the state.

There are several classifications of political parties according to various criteria:

1) depending on the method of communication with voters and the organization of internal life, parties are divided into personnel and mass parties. Personnel parties are few, amorphous, consisting of authoritative politicians organizations that do not have a fixed membership institution, membership fee, a well-established reception mechanism. The organizational structure of such parties is extremely simple, their center is in the parliamentary factions. Mass couples have a complex organizational structure, are numerous, and the main source of their funding is membership dues. The management of such parties is carried out from central bodies that do not coincide with parliamentary factions;

2) depending on the degree of participation in the exercise of political power, parties are divided into ruling and opposition parties. The latter can be both legal (their activity is permitted by the state, they are officially registered), and illegal (prohibited by the state, operating underground);

3) according to the sustainability of existence, political parties are divided into stable and unstable;

4) by the nature of membership, political parties can be open (with free membership of representatives of various social strata) and closed (with a large number of formal requirements for candidates for party membership and a complex admission mechanism);

5) according to the nature of the goals and in relation to the existing socio-political system, the parties are divided into revolutionary (in favor of a radical and violent transformation of the existing social system), reformist (in favor of gradual changes in the existing order), conservative (in favor of preserving the foundations of the previous system or such transformations that adapt it to changing realities without much shock) and reactionary (advocating the restoration of old, obsolete social structures);

6) according to their place in the political spectrum of society, parties can be conditionally divided into the left (they stand for the interests of workers, the socialization of production, the creation of the foundations of a socialist society), the right (they defend the inviolability of private property, the foundations of the bourgeois order, strong state power) and the centrist (they try to reconcile the extreme political interests).

The totality of all existing and operating parties in the country is called the party system. Under authoritarian and totalitarian regimes, as a rule, one party is permanently in power. The rest are either banned or operate under the strict control of the ruling.

One of the signs of a democratic regime is a multi-party system, which refers to the existence and legal activity in the state of two or more parties. At the same time, only two parties (Republican and Democratic Party in the US and the Conservative and Labor parties in the UK). Such systems are called two-party, which, however, does not exclude the free functioning and participation in the political life of other parties (for example, communist).

The Constitution of the Russian Federation recognizes political diversity and a multi-party system (Article 13). All public associations are equal. At present, there are dozens of political parties operating in our country, but it is not yet possible to talk about the stability of the party system. Many parties lack a real social base, lack an extensive network of primary organizations, and are extremely small in number. On the other hand, the interests of not all social groups are represented by the respective parties.

In 2001, after many years of discussion, it was adopted the federal law"About political parties". In this legal act, a political party is considered as a public association created for the participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in state authorities and local governments. The minimum number of members of a political party is 10 thousand people (at the same time, the party must have regional branches in more than half of the constituent entities of the Russian Federation). It is forbidden to create and operate political parties whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed and paramilitary formations, inciting social, racial, national or religious hatred. It is not allowed to create political parties on the grounds of professional, racial, national or religious affiliation. Structural subdivisions of political parties are formed and operate only on a territorial basis (their formation and activities in state authorities, the Armed Forces, in state and non-state organizations, in educational institutions are not allowed).

Political parties are created freely, without the permission of state authorities, however, they can fully carry out their activities (including as legal entities) only from the moment of state registration.

Members of a political party may be citizens of the Russian Federation who have reached the age of 18 years. Foreign citizens and stateless persons are not entitled to be members of a political party.

The most important factor in the development of the party system of the Russian Federation is the election of half of the State Duma deputies according to the proportional system (according to party lists). This led not only to an increase in the number of parties competing for seats in parliament, but also to the intensification of party building, the creation of local and regional organizations, and the deployment of propaganda work with voters.

12. Political ideology and its structure

The subjective side of political life is reflected in political consciousness. It is able to get ahead of practice, predict the development of the political process, and, consequently, have a significant impact on it. One of the forms of political consciousness is political ideology, which is understood as determined by political interests, the set of views of a particular social group on the political structure society.

Political ideology performs a number of functions in society:

1) sets a system of meanings, orientations of human activity;

2) offers more perfect ideals, acts as a direct motive for political activity, mobilizes society to implement its own provisions. At the same time, political ideology is called upon not so much to propagate its goals and attitudes as to achieve purposeful actions of people in fulfillment of the tasks set by it;

3) introduces into the public consciousness its own criteria for assessing the past, present and future;

4) opposes private interests that separate people, unites them into parties, groups, movements, strives to unite, integrate society;

5) expresses and protects the interests of certain social groups.

Classical political ideologies are formed in the XVIII century. Enlightenment thinkers sought to create a reasonable social structure which required them to clearly articulate ideas.

On the basis of the political philosophy of the English rationalists D. Locke, T. Hobbes, the economic doctrine of A. Smith, the doctrine of liberalism (from Latin liberalis - free) is formed. The basic principles of this ideology are the freedom of the individual, the unlimitedness of civil and political rights of a person, his personal responsibility for his own well-being. The condition for the implementation of these principles is the restriction of state interference in public and private life. The state is assigned the role of a “night watchman”, protecting public order and protecting the country from external threats. The economic postulates of liberalism, formulated by A. Smith, boil down to the demand for scope for private initiative, freedom of enterprise, inviolability of private property, and the elimination of the regulation of economic life (the slogan laissez faire - “do not interfere with action”). The free market and free competition are for liberalism a condition for economic progress and efficiency. AT social sphere liberals demanded the equality of all people before the law (equality of opportunity), the destruction of class and caste barriers, the creation of unlimited opportunities for social mobility. The social status, prestige, opportunities of this or that person should directly depend on the results of his own activity, and not be prescribed by the authorities. The political doctrine of liberalism is based on the ideas of the inviolability of human political rights and freedoms, the real provision of ideological and political pluralism, tolerance for dissent, and separation of powers. The rule of law is the ideal social and political system for liberals. The spiritual life of society should, according to the liberal doctrine, be based on the principles of freedom of views and beliefs, the liberation of individuals from subordination to the church, the right of the individual to independently formulate his moral duties.

Classical liberalism of the 19th century underwent a certain evolution and formulated a number of new ideas and principles that constitute the content of neoliberalism. Neoliberalism understands the economic and social role of the state in a slightly different way, including among its functions the protection of freedom of enterprise, the market, competition from the threat of monopoly, the development of a common strategy for economic development, and the social protection of low-income groups and sections of the population.

The principles of liberalism discussed above underlie the organization of life in most Western countries.

The second classical political ideology is conservatism (from Latin conservare - to preserve). Its basic postulates were formulated by the Englishman E. Werk and the French J. de Maistre and L. Bonald as a reaction to the results of the French Revolution. Conservatism defends the established forms of social life, traditional spiritual values, denies not only revolutionary changes, but also treats reformist attempts to reorganize society with a certain distrust. Society is not some kind of machine, but primarily a spiritual reality with a fragile structure, so attempts change her should not be undertaken unless absolutely necessary. Conservatives do not believe in the unlimited possibilities of the human mind and are not optimistic about social progress. Modern social institutions are not consciously constructed by man, but are the embodiment of a long process of historical development. Classical conservatism also pointed to the fact that social affairs, along with reason, are ruled by Providence, which directs the destinies of people. All this forces conservatives to prioritize continuity over innovation. The idea of ​​social equality is also unacceptable to conservatism: the hierarchy of human society is pre-established from above, it is natural. The most important value for conservatives is the order that resists chaos, in maintaining which the state plays a huge role. Freedom is not absolute and is closely related to the responsibility of the individual. For conservatives, the interests of the state, society, social group are immeasurably higher, more primary than the interests of the individual. However, the authorities should not interfere in relations that are regulated by morality. The absolute values ​​for conservatives are the family, religion, social stability. Loyalty to them is able to resolve all contradictions.

In the last decades of the XX century. there has been a tendency for the convergence of classical conservatism with liberalism, which took shape in neoconservatism. Within its framework, adherence to a market economy, respect for the freedom of an individual are combined with the protection of order, law, family, religion, and the moral foundations of the social order. Responsibility for the preservation of the human principle rests with the individual himself. This position not only supports vitality and initiative in an individual, but also removes social burdens from the state. The state should only provide the living conditions necessary for the individual. A socially responsible person and a politically stable state are the ideal of neoconservatism. In many respects, it approaches the classical liberalism of the 19th century.

Third political ideology - socialism(from lat. socialis - public) - it also received its final design in the 19th century, although some of its ideas have been known since ancient times. The first attempts to develop a theory of a new social order belonged to T. More and T. Campanella (XVI century), and at the end of the XVIII - early XIX in. - the so-called utopian socialists K. A. Saint-Simon, C. Fourier and R. Owen. Theoretical substantiation of socialism in the middle of the XIX century. given by K. Marx and F. Engels. All socialist concepts proceed from the fact that individualism should be replaced by the joint activity of people based on a common interest. In the future collectivist society, it is only possible to overcome egoism, the mutual alienation of people, to eliminate the causes that give rise to destructive social conflicts. semantic core socialist ideology serves the idea of ​​equality and social justice. The guarantee and condition for its implementation is the elimination of private property, the transfer of all means of production to public ownership. The result of this will be the elimination of social inequality and the exploitation of man by man, the creation of conditions for the harmonious development of the individual (in physical, mental and moral terms). Over time, the state will also wither away with all its material attributes (army, police, etc.).

Already at the end XIX- the beginning of the XX century. the separation of two trends in scientific socialism begins - orthodox (Marxist-Leninist) and social democratic ("revisionist"). Theorist the first was V. I. Ulyanov-Lenin, who developed the doctrine of the stages of the socialist revolution, the need for the violent demolition of the "bourgeois state machine" and the establishment of the dictatorship of the proletariat. The implementation in practice of the foundations of socialist theory was considered by him and his associates as an immediate political task. At the same time, E. Bernstein, K. Kautsky and other theorists of socialism asserted the idea of ​​the possibility of a peaceful, evolutionary achievement of the social ideal, of the connection between the ideals of a just social system with freedom and democracy. Their doctrine of the possibility of reforming bourgeois society served as the ideological basis of modern social democracy, in which the thesis of the inevitability of an aggravation of the class struggle was replaced by the concept of social partnership in conditions of stable political development. The ideology of "democratic socialism" has been adopted by many socialist parties in the modern world.

In modern social science, ideas about the “end of ideologies” are quite widespread, based on the consensus of representatives of various ideological movements on major political issues (recognition of the principles of a mixed economy, democratic political system, ideological pluralism, respect for the rights and freedoms of the individual, mutual responsibility of the citizen and the state and etc.). However, the existence of ideologies is fueled not only by the objective difference in the interests of social groups, but also by the subjective need of people for an integral and consistent system of attitudes and values, which facilitates their orientation in socio-political reality.

13. Political culture and its types

Political culture - it is the experience of political activity passed down from generation to generation, in which knowledge, beliefs and patterns of behavior of a person and social groups are combined.

The formation of the political culture of a society is influenced by various factors. Of fundamental importance for understanding the peculiarities of political culture is the consideration of the civilizational factor of historical development. A powerful influence on the evolution of political culture is also exerted by the national-historical factor (historical traditions, ethnic characteristics, economic and geographical conditions of development, the national psychology of the people). As historical experience shows, the level of political culture is influenced by socio-economic factors: economic stability, the degree of economic freedom, the share of the middle class in the social structure, etc. The state, political parties, social movements, church, media, family.

The most important functions of political culture are:

1) cognitive function - the formation of citizens' knowledge, views, and beliefs necessary for participation in the political life of the country;

2) integrative function - achievement on the basis of generally accepted political and cultural values ​​of public consent within the framework of the existing political system;

3) communicative function - the establishment of various kinds of connections between the participants in the political process on the basis of their common values, as well as the transfer of political experience from generation to generation;

4) normative and regulatory function - the formation and consolidation in the public mind of the necessary political attitudes, motives and norms of behavior;

5) educational function - the formation of political qualities, the political socialization of the individual.

In modern political science, the typology of political culture proposed by the American scientists S. Verba and G. Almond has been adopted. Having chosen as a criterion the degree of orientation of people to participation in political life, these political scientists identified three "pure" types of political culture.

1. Patriarchal political culture is characterized by a complete lack of interest among community members in political institutions, global political processes. The carriers of this type of political culture are focused on local problems, indifferent to the policies, attitudes and norms of the central authorities. This type political culture is typical for developing countries in Africa and Asia.

2. Submissive political culture is distinguished by the orientation of subjects to the political system, the activities of the central authorities. The bearers of a subject culture have their own idea of ​​politics, but do not take an active part in it, expecting either benefits or orders from the authorities.

3. Civic political culture (or political culture of participation) is inherent in modern developed democratic states. The carriers of this culture are not only focused on the political system, but also strive to be active participants in the political process. They obey the orders of the authorities, but at the same time influence the decision-making of state bodies.

In reality, it is rare to find a "pure" type of political culture. Most modern societies are characterized by mixed types: patriarchal-subordinate, subservient-civil and patriarchal-civil political culture. The political culture of a society cannot be absolutely homogeneous. Along with the general political culture, so-called subcultures can also take shape, which express the features of the political culture of individual segments of the population. The formation of these subcultures can be explained by regional, ethnic, religious, age and other factors. In countries with an unstable political situation, age differences are of particular importance for the formation of subcultures: different generations are carriers of different, and sometimes even opposite, systems of political values.

The successful and sustainable functioning of the political system of society requires the constant assimilation by new generations of citizens of the political experience accumulated by society and expressed in cultural traditions. The process of assimilation by a person of socio-political knowledge, norms, values ​​and activity skills that are preferable for the existing political system is called political socialization. It ensures the transfer of political knowledge, the accumulation of political experience, the formation of the traditions of political life, as well as the development and improvement of political culture. In the process of political socialization of the individual, there are several stages:

Stage 1 - childhood and early adolescence, when the child forms his initial political views and learns patterns of political behavior;

Stage 2 - the period of study in high school and university, when the information side of the worldview is formed, one of existing systems political norms and values ​​are transformed into the inner world of the individual;

3rd stage - the beginning of the active social activity of the individual, his inclusion in the work of state bodies and public organizations, when a person turns into a citizen, the formation of a full-fledged subject of political life;

Stage 4 - the whole subsequent life of a person, when he constantly improves and develops his political culture.

There is also another periodization of the process of political socialization of the individual (in accordance with the degree of independence of political participation): primary and secondary socialization. The first characterizes the process of political enlightenment of children and youth, and the second falls on a mature age and manifests itself in the active interaction of the individual with the political system on the basis of previously obtained value orientations.

Political socialization occurs both objectively, due to the involvement of a person in social relations, and purposefully. At its different stages, the family, various educational institutions, production teams, political parties and movements, government agencies, the media. As a result of political socialization, a person assumes a certain political role, which is understood as a normatively approved image of political behavior expected from everyone who occupies this position.

Depending on the degree of involvement of the individual in politics, several types of political roles can be distinguished:

1) an ordinary member of society who has no influence on politics, is not interested in it and is almost exclusively an object of politics;

2) a person who is a member of a public organization or movement, indirectly involved in political activity, if this follows from his role as an ordinary member of a political organization;

3) a citizen who is a member of an elected body or is an active member of a political organization, purposefully and voluntarily included in the political life of society, but only to the extent that it is reflected in the internal life of this political organization or body;

4) a professional politician, for whom political activity is not only the main occupation and source of existence, but also constitutes the meaning of life;

5) political leader - a person capable of changing the course of political events and the direction of political processes.

The nature of the political behavior of the individual is the basis for the classification of political roles by the Polish political scientist V. Vyatr:

1) activists - actively participate in politics, are well informed about it, strive for power;

2) competent observers - do not seek to obtain power, but know and are able to analyze political processes, play the role of experts;

3) competent players - they are well versed in politics, but they look for mostly negative aspects in it, being oppositionists by vocation;

4) passive citizens - the most common type. They are aware of political life in the most general terms, but they are indifferent to politics, taking part in political actions extremely irregularly;

5) apolitical (alienated) citizens - consciously do not accept political activity and try to isolate themselves from politics, considering it a dirty and immoral business.

Along with political roles political science highlights various types participation of the individual in politics: completely unconscious (for example, the behavior of a person in a crowd), semi-conscious (political conformism - understanding the meaning of one's role while unconditionally obeying the requirements of one's social environment, even in cases of disagreement with it) and conscious participation (in accordance with one's own consciousness and will, the ability to change one's role and position).

Biological (age, sex, health), psychological (temperament, will, type of thinking), social (financial position, origin, upbringing, social and professional status) factors influence the political behavior of an individual. The worldview of a person crowns the system of factors of political behavior.

The political system of society, its structure.

The political system of society is understood as the totality of various political institutions, socio-political communities, forms of interactions and relationships between them, in which political power is exercised. The functions of the political system of society are diverse:

1) determination of goals, objectives, ways of development of society;

2) organization of the company's activities to achieve the set goals;

3) distribution of material and spiritual resources;

4) coordination of various interests of the subjects of the political process;

5) development and implementation of various norms of behavior in society;

6) ensuring the stability and security of society;

7) political socialization of the individual, familiarizing people with political life;

8) control over the implementation of political and other norms of behavior, suppression of attempts to violate them.

The basis for the classification of political systems is, as a rule, the political regime, the nature and method of interaction between the authorities, the individual and society. According to this criterion, all political systems can be divided into totalitarian, authoritarian and democratic.

Political science identifies four main elements of the political system, also called subsystems: 1) institutional, 2) communicative, 3) normative, 4) cultural and ideological.

The institutional subsystem includes political organizations (institutions), among which the state occupies a special place. Of non-governmental organizations, political parties and socio-political movements play an important role in the political life of society. All political institutions can be conditionally divided into three groups. Political organizations proper include organizations whose immediate purpose of existence is the exercise of power or influence on it (the state, political parties and socio-political movements). The second group - non-political ones - includes organizations that carry out their activities in the economic, social, cultural spheres of society (trade unions, religious and cooperative organizations, etc.). They do not set themselves independent political tasks, do not participate in the struggle for power. But their goals cannot be achieved outside the political system, and therefore such organizations must participate in the political life of society, defending their corporate interests, seeking to take them into account and implement them in politics. Finally, the third group includes organizations that have only a minor political aspect in their activities. They arise and function to realize the personal interests and inclinations of a certain stratum of people (hobby clubs, sports societies). They acquire a political connotation as objects of influence on the part of the state and other proper political institutions. They themselves are not active subjects of political relations.

The communicative subsystem of the political system of society is a set of relations and forms of interaction that develop between classes, social groups, nations, individuals regarding their participation in the exercise of power, the development and implementation of policies. Political relations are the result of numerous and varied connections of political subjects in the process of political activity. People and political institutions are motivated to join them by their own political interests and needs. Allocate primary and secondary (derivative) political relations. The former include various forms of interaction between social groups (classes, nations, estates, etc.), as well as within them, the latter - relations between states, parties, other political institutions that reflect in their activities the interests of certain social strata or the whole society.

Political relations are built on the basis of certain rules (norms). Political norms and traditions that determine and regulate the political life of society constitute the normative subsystem of the political system of society. The most important role is played by legal norms (constitutions, laws, other normative legal acts). The activities of parties and other public organizations are regulated by their statutory and program norms. In many countries (especially in England and its former colonies), along with written political norms, unwritten customs and traditions are of great importance. Another group of political norms is represented by ethical and moral norms, in which the ideas of the whole society or its individual strata about good and evil, truth, and justice are fixed. Modern society has come close to realizing the need to return such moral guidelines as honor, conscience, and nobility to politics.

The cultural and ideological subsystem of the political system is a set of political ideas, views, ideas, feelings of political life participants that are different in their content. The political consciousness of the subjects of the political process functions at two levels: theoretical (political ideology) and empirical (political psychology). The forms of manifestation of political ideology include views, slogans, ideas, concepts, theories, and political psychology - feelings, emotions, moods, prejudices, traditions. But in the political life of society they are equal. In the ideological subsystem, a special place is occupied by political culture, understood as a complex of rooted patterns (stereotypes) of behavior, value orientations of political ideas that are typical for a given society. Political culture is the experience of political activity passed down from generation to generation, in which knowledge, beliefs and behavior patterns of a person and social groups are combined. The main directions of the reform of the political system in our country are determined by the Constitution of the Russian Federation, adopted by referendum on December 12, 1993. It proclaims our state to be a democratic federal legal state with a republican form of government (Article 1). The bearer of sovereignty and the only source of power in Russia is the people who exercise their will directly (through elections and a referendum), through state authorities and local governments (Article 2). In Russia, free elections, in which all citizens from the age of 18 participate (except for those recognized by the court as incapable and held in places of deprivation of liberty by a court verdict), the President, deputies of the State Duma, members of the highest legislative bodies and heads of the highest executive bodies of the constituent entities of the Federation, bodies local self-government, heads of city and district administrations. The Constitution of our state enshrined and guaranteed fundamental human rights and freedoms. Political and ideological pluralism, diversity and equality of different forms of ownership, and separation of powers are declared to be the foundations of the constitutional system. But the real formation of a democratic regime in Russia has just begun.

sample questions

POLITICS

1. Politics, its role in the life of society. Structure political sphere. The political system of society.

2. Power, its origin and types.

3. The origin of the state. Theories of the origin of the state.

4. State, its features and functions.

5. The form of the state. Form of government.

6. Form of government.

7. Political and legal regime.

8. Democracy and its forms.

9. Institutions of direct democracy. Elections and referenda.

10. State apparatus.

11. Civil society and the rule of law.

12. Political ideology and its structure.

13. Political culture and its types.

The word "politics" comes from the Greek word Politika, which means in translation "state affairs", "the art of government".

The political superstructure did not always exist. Among the reasons for its occurrence is the polarization of society, leading to the emergence of social contradictions and conflicts that need to be resolved, as well as the increased level of complexity and importance of managing society, which required the formation of special bodies of power separated from the people. The most important prerequisite for politics was the emergence of political and state power. Primitive societies were non-political.

Modern science offers various definitions of politics. Among them are the following:

1. Politics is the relationship between states, classes, social groups, nations, arising from the capture, exercise and retention of political power in society, as well as relations between states in the international arena.

2. Politics is the activity of state bodies, political parties, public associations in the sphere of relations between social groups (classes, nations), states, aimed at integrating their efforts in order to strengthen political power or conquer it.

3. Politics is the sphere of activity of groups, parties, individuals, the state, associated with the implementation of generally significant interests with the help of political power.

The political system of society is understood as the totality of various political institutions, socio-political communities, forms of interactions and relationships between them, in which political power is exercised.

The functions of the political system of society are diverse:

1) determination of goals, objectives, ways of development of society;

2) organization of the company's activities to achieve the set goals;

3) distribution of material and spiritual resources;

4) coordination of various interests of the subjects of the political process;



5) development and implementation of various norms of behavior in society;

6) ensuring the stability and security of society;

7) political socialization of the individual, familiarizing people with political life;

8) control over the implementation of political and other norms of behavior, suppression of attempts to violate them.

The basis for the classification of political systems is, as a rule, the political regime, the nature and method of interaction between the authorities, the individual and society. According to this criterion, all political systems can be divided into totalitarian, authoritarian and democratic.

Political science distinguishes four main elements of the political system, also called subsystems:

1) institutional;

2) communicative;

3) regulatory;

4) cultural and ideological.

The institutional subsystem includes political organizations (institutions), among which the state occupies a special place. Of the non-state organizations, political parties and social and political movements play an important role in the political life of society.

All political institutions can be conditionally divided into three groups. The first group - proper political - includes organizations whose immediate purpose of existence is the exercise of power or influence on it (the state, political parties and socio-political movements).

The second group - non-political ones - includes organizations operating in the economic, social, cultural spheres of society (trade unions, religious and cooperative organizations, etc.). They do not set themselves independent political tasks, do not participate in the struggle for power. But their goals cannot be achieved outside the political system, so such organizations must participate in the political life of society, defending their corporate interests, seeking to take them into account and implement them in politics.

Finally, the third group includes organizations that have only a minor political aspect in their activities. They arise and function to realize the personal interests and inclinations of a certain stratum of people (interest clubs, sports societies). They acquire a political connotation as objects of influence on the part of the state and other self-political institutions. They themselves are not active subjects of political relations.

The main institution of the political system of society is the state. Its special place in the political system is predetermined by the following factors:

1) the state has the broadest social basis, expresses the interests of the main part of the population;

2) the state is the only political organization that has a special apparatus of control and coercion, extending its power to all members of society;

3) the state has a wide range of means of influencing its citizens, while the possibilities of political parties and other organizations are limited;

4) the state establishes the legal foundations for the functioning of the entire political system, adopts laws that determine the procedure for the creation and operation of other political organizations, establishes direct bans on the work of certain public organizations;

5) the state has huge material resources to ensure the implementation of its policy;

6) the state performs an integrating (unifying) role within the political system, being the "core" of the entire political life of society, since it is around state power that the political struggle unfolds.

The communicative subsystem of the political system of society is a set of relations and forms of interaction that develop between classes, social groups, nations, individuals regarding their participation in the exercise of power, the development and implementation of policies. Political relations are the result of numerous and varied connections of political subjects in the process of political activity. People and political institutions are motivated to join them by their own political interests and needs.

Allocate primary and secondary (derivative) political relations. The former include various forms of interaction between social groups (classes, nations, estates, etc.), as well as within them, the latter include relations between states, parties, and other political institutions that reflect in their activities the interests of certain social strata or the whole society.

Political relations are built on the basis of certain rules (norms). Political norms and traditions that determine and regulate the political life of society constitute the normative subsystem of the political system of society. The most important role is played by legal norms (constitutions, laws, other normative legal acts). The activities of parties and other public organizations are regulated by their statutory and program norms. In many countries (especially in England and its former colonies), along with written political norms, unwritten customs and traditions are of great importance.

Another group of political norms is represented by ethical and moral norms, which enshrine the ideas of the whole society or its individual strata about good and evil, truth, and justice. Modern society has come close to realizing the need to return such moral guidelines as honor, conscience, and nobility to politics.

The cultural and ideological subsystem of the political system is a set of political ideas, views, ideas, feelings of political life participants that are different in their content. The political consciousness of the subjects of the political process functions at two levels - theoretical (political ideology) and empirical (political psychology). The forms of manifestation of political ideology include views, slogans, ideas, concepts, theories, and political psychology - feelings, emotions, moods, prejudices, traditions. In the political life of society, they are equal.

In the ideological subsystem, a special place is occupied by political culture, understood as a complex of typical for a given society, ingrained patterns (stereotypes) of behavior, value orientations, and political ideas. Political culture is the experience of political activity passed down from generation to generation, which combines the knowledge, beliefs and behaviors of a person and social groups.

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