The word “politics” comes from the Greek word Politika, which means “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 organs 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 are the relations between states, classes, social groups, nations, arising from the seizure, exercise and retention of political power in society, as well as relations between states in the international arena.

2. Politics is the activity of government bodies, political parties, public associations in the sphere of relations between social groups (classes, nations), states, aimed at integrating their efforts with the aim of strengthening political power or gaining 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 a society is understood as a set 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 varied:

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

2) organization of the company’s activities to achieve its goals;

3) distribution of material and spiritual resources;

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

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

6) ensuring 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 basis for the classification of political systems is, as a rule, the political regime, the nature and method of interaction between government, 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 a 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. Among non-state organizations, political parties and socio-political movements play a major role in the political life of society.

All political institutions can be divided into three groups. The first group - strictly 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-proprietary-political - 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 goals and do not participate in the struggle for power. But their goals cannot be achieved outside the political system, therefore such organizations must participate in the political life of society, defending their corporate interests, ensuring that they are taken into account and implemented 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 some layer of people (interest clubs, sports societies). They acquire a political connotation as objects of influence from the state and other proper 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 and expresses the interests of the bulk of the population;

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

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

4) the state establishes the legal basis for the functioning of the entire political system, adopts laws defining the procedure for the creation and activities of other political organizations, and establishes direct bans on the work of certain public organizations;

5) the state has enormous material resources to ensure the implementation of its policies;

6) the state plays 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 relationships and forms of interaction that develop between classes, social groups, nations, and individuals regarding their participation in the exercise of power, the development and implementation of policy. Political relations are the result of numerous and varied connections between political subjects in the process of political activity. People and political institutions are motivated to join them by their own political interests and needs.

There are primary and secondary (derived) political relations. The first includes various forms of interaction between social groups (classes, nations, estates, etc.), as well as within them, the second includes relations between states, parties, and other political institutions that reflect in their activities the interests of certain social strata or the entire society.

Political relations are built on the basis of certain rules (norms). Political norms and traditions that define and regulate the political life of society constitute the normative subsystem of the political system of society. The most important role is played in it by legal norms (constitutions, laws, other 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 layers about good and evil, truth, and justice. Modern society has come closer to realizing the need to return such moral guidelines as honor, conscience, and nobility to politics.

The cultural-ideological subsystem of a political system is a set of political ideas, views, perceptions, and feelings of participants in political life that are different in 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 includes feelings, emotions, moods, prejudices, traditions. They have equal rights in the political life of society.

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 on from generation to generation, which combines knowledge, beliefs and behavior patterns of individuals and social groups.

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

Essential features of power relations can be considered:

1) presence of at least two partners;

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

3) social norms establishing that the one giving the order has the right to do so, and the one to whom the order relates must execute it;

4) submission to the will expressed in the order.

On the one hand, power in society is a mechanism designed to smooth out 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 a social system, and therefore arises with it.

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

The chiefdom was a special type of power that developed in primitive society at the late stage of its development, and was one of the types of political power. Political power is the kind of power that is based on coercion between one group of people and another. Political power begins where the ability to influence becomes not interpersonal (in the family), not narrow group (in a separate group, team), but extends to individual social groups and society as a whole. To exercise political power it is necessary:

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

2) organized coercion on a public scale.

Political power has the properties of obligatory and coercive force for all members of society, the right to legalize the use of force in relation to them. Political power is divided into state and public. State power is 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 are real and potential means that are used to strengthen power. The classification of power resources into economic, social, cultural-informational and power resources is widespread. Economic resources include material values ​​in the broadest sense, social resources include a system of various privileges and benefits, prestigious and highly paid positions, etc., cultural and informational resources include knowledge and information, to the security forces - institutions of physical coercion (army, police, etc.). However, the effectiveness of power largely depends on its legitimacy (from the 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 dictates. Legitimate power is perceived by the population as legitimate 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, assumes that one of the interacting parties demands obedience, and the other voluntarily obeys. Depending on the motives for voluntary submission, Weber identified three types of legitimate domination.

Traditional dominance is determined by traditions, customs, and habits. This type of legitimacy is based on faith not only in the legality, but also in the holiness of ancient orders. Traditional norms have 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 governed, but also the managers are subject to laws. The vehicle 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 - divine gift) relies on the authority of the leader, to whom exceptional traits are attributed. Charisma is considered as a quality and ability bestowed by God, nature, and fate. A charismatic leader is guided in his activities not by current legal norms, but by his own inspiration. Failures 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 dominance. Charismatic leaders come to power, as a rule, in conditions of a socio-political crisis. Therefore, the charismatic legitimacy of political power does not provide grounds for predicting its long-term existence. After social stabilization, charismatic dominance is transformed into traditional or legal dominance. 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 or lost by the authorities. Therefore, the subject of constant concern of the ruling groups is the legitimization of power, i.e. ensuring its recognition and approval from the governed. The degree of legitimacy of the government can be judged by the level of coercion required by the government to carry out its own policies, by the strength of civil disobedience (both in active and passive forms), by the results of elections, etc.

Legitimacy should be distinguished from legality (legitimacy), which is understood as a formal, legal consolidation of power in 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.

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 oldest is the theological or religious theory. Its most authoritative representative is the medieval thinker Thomas Aquinas. The essence of the theological theory comes down to the fact that the state, like everything earthly, has a divine origin. According to Thomas Aquinas, the procedure for the emergence of a state is similar to the process of creation of the world by God. Before beginning to lead 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.

The theological theory has also become established in the legal science of many Muslim countries, where the concept of the state is inextricably linked with the idea of ​​the 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 from a scientific point of view. 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 works 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 disadvantages. Thus, 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 different functions in society: if the main functions of the family are the reproduction of the family and the organization of joint consumption, then state power is called upon to solve other problems (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, its main provisions were shared by A. N. Radishchev. 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 some of their rights and freedoms in exchange for guarantees of personal safety. 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 terms by one of the parties, the other had the right to retaliate: the monarch - to punish the culprit, and the people - to rebel against the despot.

Thus, contract theory viewed 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 different groups of people with specific interests could come to an agreement in the absence of government 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 contributed greatly to the struggle of the rising bourgeoisie against absolutism.

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

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 were 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 a psychological need to obey the stronger. People's awareness of the justice of certain models 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 need of society for the constant implementation of large-scale work to create irrigation canals and irrigation structures (Interfluve, Egypt, China). Only the state can carry out such work and mobilize huge masses of people. Wittfogel's theory is local in nature, that is, it can serve to explain the process of the origin of the state only in certain areas of the globe. In addition, some scientists believe that the state appeared before the start of irrigation work and made it possible to organize such large and coordinated actions of the population.

The founder of racial theory can be considered the French scientist J. A. de Gobineau. The German philosopher F. Nietzsche also made a great contribution to its development. 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, which primarily includes the Aryans, are called upon to dominate society, the second - “subhumans” (Slavs, Jews, gypsies, etc.) - to blindly obey the first. The state is necessary so that some races 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 the Second World War.

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 views the state not as a product of social development, but as a product of the forces of nature, some incomprehensible biological being. All parts of this being are specialized to perform certain functions, for example, the activities of government are similar to the functions of the human brain, etc.

The creators of the class theory of the origin of the state, which dominated Russian historical and legal sciences for a long time, were K. Marx and F. Engels. Its main idea was that the emergence of the state is the result of a split in 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 that it became possible to produce a surplus product. In the new economic conditions, the family could not only provide itself with a means of subsistence, but also create certain surpluses. The surplus product made it possible for elders and 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 haves and have-nots. Under these conditions, it became possible to use the labor of others and obtain 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 opposing positions in society. A fierce struggle began between these classes, during which the ruling class sought to maintain and strengthen its position, and the exploited class sought to change its position. 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 division of society into classes was a leading state-forming factor only in Europe. The very first states arose at the turn of the 4th-3rd millennium BC. e. in the valleys of large rivers - the Nile, Tigris and Euphrates, Indus and Ganges, Yangtze. In these climatic zones, successful farming required the creation of large irrigation structures (canals, dams, water lifts, etc.). The volume of work to create such structures was large and significantly exceeded the capabilities of individual tribal formations. The latter predetermined the need for their unification under a single government. Thus, the main reasons for the emergence of the state in the East were:

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

2) the need to unite significant masses of people over large territories to achieve these goals;

3) the need for centralized leadership of these masses.

Scientists also note the peculiarities of the emergence of the state among the ancient Germanic tribes. The process of the emergence of a 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 dominance 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 Rus', Ireland and some other European countries.

The path of the emergence of a 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 economy to a producing one. Back in the 1930s. the famous English archaeologist G. Child proposed calling this transition the Neolithic Revolution (from “Neolithic” - 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 environmental crisis phenomena (which is why this theory is also called “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 labor activities that would be aimed at producing food. The transition from hunting, fishing and gathering to agriculture and animal husbandry led to a sustainable supply of food for human groups and contributed to population growth. The producing economy united significant masses of people and created new forms of their existence: settled life, production, and exchange.

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

Despite the difference in explaining the reasons for 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 human reproduction begin to require a certain streamlining, and the level of economic development allows society maintain a special apparatus of people performing this function.

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

When defining the concept of state, various scholars highlight either coercion in relation to 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 a 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. English philosopher of the 17th century. T. Hobbes believed that the state is “a single person, the supreme ruler, the sovereign, whose will, as a result of the agreement of many persons, is considered the will of all, so that it can use the powers and abilities of everyone for general peace and defense.” The Russian lawyer G.F. Shershenevich interpreted the state as a union of people under one authority and within one 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 the assertion that the state is a machine for the oppression of 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 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 1917 revolution in Russia and the Great Depression of 1929-1933. In the countries of 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 for reconciling social contradictions, representing the interests of the entire society. Society itself has changed. The status of a person and his belonging to any social group is determined today not only by his attitude to the means of production. Power in the state also comes from the possession of information, qualifications, and 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 forefront. And the state is seen as the 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, regulates their relationships, and ensures the stability of society.

As a structural organization, the state is expressed in the presence of a special apparatus, a special category of people with power. The state differs from other political organizations (parties, trade unions, etc.) in 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, and 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 control, which has a special coercive apparatus and is capable of making its orders binding on the population of the entire country.

Any state is characterized by a number of characteristics. 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 management, who are specially organized for this purpose and have the material means for the systematic, professional implementation of their functions.

3. Territorial organization of government and population. If under the clan system people were united by consanguinity and public power was exercised through 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 located 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 collecting generally obligatory payments (taxes). They are paid by individuals and organizations with 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 is the full power 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 in the life of society, to establish and ensure a unified legal order. Independence characterizes the independence of the state in relations with other countries.

Sometimes the sovereignty of a particular state is limited. Restrictions on sovereignty can be forced or voluntary. A forced limitation of sovereignty may take place, for example, in relation to a state defeated in a 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 common goals for these states, or in the event 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 that are binding on the population of the entire country.

The functions of the state are 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 therefore the functions corresponding to them, may acquire priority importance.

Each of the functions of the state has a specific content, which shows what the state does, what its bodies do, what issues they resolve. The content of the functions does not remain unchanged - it changes along with the changes occurring 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 directions of government activity 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 legalized 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 expenditure, establishment of a taxation system, pricing policy, management of state enterprises, etc.);

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

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

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

This set of state functions is evidence of the complete nationalization of society, characteristic of totalitarian regimes. With changes in the social structure of society at the present stage, violence against many social groups ceases to be relevant. The state is reducing its presence in the economy. The ideological function cannot be recognized as the main one: 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 population groups, protect the rights of minorities, and protect the environment.

External functions - These are the main directions of state activity, manifesting themselves primarily outside the state and society, in relationships with other organizations or states.

External functions include:

1) protecting the country from external threats (building 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 state influence on social relations. In accordance with it, all functions can be divided into protective and regulatory.

Security 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, environmental function, protection of the state from external threats).

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

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

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

The state carries out 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 normative legal acts);

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

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

The organizational forms of performing state functions are the following:

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

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

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

The state can carry out its functions in so-called extra-legal forms, that is, in addition to the law and even contrary to it. In particular, to achieve their goals through violence, threats, without issuing or implementing legal norms. This, however, is not typical for modern democratic states.

The form of the state is the set of basic methods of organization, structure and exercise of state power, expressing its essence. It includes three elements: form of government, form of government and political and legal regime.

The form of government is understood as the organization of the highest authorities in a particular state and the procedure for their formation.

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

The political-legal regime is a set of political-legal means and methods of exercising state power, expressing its content and character.

According to the form of government, all states are divided into monarchies and republics. Monarchy - this 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 is passed on to them by inheritance. The word “monarchy” itself is of Greek origin; it is translated as “unique power” (from the words: monos - one, united and arche - supremacy, power).

The features of a monarchical form of government are:

1) the existence of a single head of state enjoying unlimited life 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 the number of heirs can include both women and men, 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 right of primogeniture.

The essence of the family inheritance system is that the monarch is chosen by the reigning family itself (often together with senior clergy) or the reigning monarch, but only from persons belonging to a given 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 actually unlimited by anyone or anything. In the absence of parliament, legislative power is concentrated in the hands of the monarch, whose decrees have the force of law. The executive power also belongs to him: 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 conditions of intensifying political struggle between the bourgeoisie and the nobility, being a kind of compromise between them. Legislative power is actually divided between the monarch and parliament: no law can be passed without the approval of a representative body. However, the head of state remains in the hands of such effective levers of influence on the legislative branch, such as the virtually unlimited right to dissolve parliament, the right of absolute veto on its decisions, as well as the right to issue decrees that have the force of law during breaks between parliamentary sessions or in emergency situations . The monarch concentrates executive power in his hands, appoints and dismisses the government. There are no mechanisms for parliamentary control over the actions of the Cabinet of Ministers. 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 their “pure” form 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 rule”). Legislative power belongs to parliament. The monarch has the right of veto over laws passed by parliament, but does not use it. Extraordinary decree legislation of the monarch is provided for, but is not used. The head of state exercises the right to dissolve parliament only on the recommendation of the government. Formally, he is the head of the executive power, although in reality it is exercised by the government. The Cabinet of Ministers is formed based on 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 make peace, etc.), are sometimes called “sleeping”, since the monarch can use them in a situation where a threat to the existing order arises.

In the modern world, there are other, atypical forms of monarchy. For example, an 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 chief of the tribe); 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 also the secular head of state (Vatican).

The second form of government distinguished by modern - new 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 specified 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 characteristics:

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

2) collegial (collective) principle of decision-making;

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

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

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

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

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

Presidential republic - This is a form of republic in which the head of state is a president, elected by universal suffrage 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 some parliamentary control: for example, in the United States, all appointments made by the president must be approved by the Senate. However, the government is responsible only to the president. Parliament cannot express a vote of no confidence in the cabinet of ministers, but the president cannot dissolve the highest 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 republic in which the head of state is an elected official (president, etc.), and the government is formed by parliament and reports for its activities to it, and not to the head of state. Unlike the presidency, 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 parliament from the leaders of the party that wins the elections. The government is headed by 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 individual members. In a parliamentary republic, the presidential powers are nominal; he carries out any political actions on the recommendation of the government, which is responsible for them. Parliamentary republics exist in Italy, Germany, India, etc.

Mixed (semi-presidential) republic - a form of republic within which the features of parliamentary and presidential republics are combined and coexist. As in a presidential republic, in a mixed republic the head of state is elected extra-parliamentarily, that is, by popular vote. The government is formed by the president based on the results of parliamentary elections and must receive a vote of confidence from the highest representative body. The government is headed by the prime minister. The Constitution establishes the government's dual responsibility: to parliament and to the president. In cases provided by law, the president has the right to dissolve parliament. Although the president in a mixed republic is the head of state, his powers to exercise executive power are limited by the government. Examples of a mixed republic are France, Russia.

In all types of republican form of government, the president has the right of suspensive veto, which can be overridden by a qualified majority vote 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 presidential monocratic republic: in a one-party political regime, the party leader was proclaimed president for life, but 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 republic. Its signs were called: an openly class character (dictatorship of the proletariat and the poor peasantry), lack of separation of powers with the absolute power of the Soviets, a rigid hierarchy of the latter (binding decisions of higher Councils for lower ones), the right of voters to recall Soviet deputies before the expiration of their term of office (imperative mandate), real redistribution of power from the sporadically meeting Soviets in favor of their executive committees. But the collapse of the socialist system in the USSR led to the establishment of a mixed type of republic in our country.

If the form of government characterizes states from the point of view of the order of 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 government, states are divided into unitary and federal.

A unitary state is a simple, unified state that does not include other state entities. The territory of a unitary state is directly divided into administrative-territorial units that do not have any political independence, although in the economic, social and cultural spheres their powers can be quite broad. 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. The citizenship of a unitary state is single; administrative-territorial entities do not have their own citizenship. In a unitary state there is a unified system of law. There is one constitution, the norms of which apply throughout the country without any exceptions. Local authorities are obliged to apply all regulations adopted by central authorities. Their own norms are of a purely subordinate nature and 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 parts of a single centralized system. The tax system of a unitary state is single-channel: taxes go to the center, and from there they are distributed among the regions. Among modern states, France, Sweden, Turkey, Egypt, etc. are unitary.

A unitary state, on the territory of which small nationalities live, allows the formation of autonomies. Autonomy - this is the internal self-government of regions of the state that differ in geographical, national, and everyday characteristics(Crimea in Ukraine, Corsica in France, Azores in Portugal). In some countries, where nationalities do not live compactly, but separately, national-cultural autonomies are created. Such autonomies are extraterritorial in nature. Representatives of a certain nationality create their own elected bodies, sometimes send their representative to parliament, and 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 arose as a result of the unification of a number of states or state entities (federal subjects) with relative political independence.

The territory of the federation includes the territories of the constituent entities of the federation, which have their own administrative divisions. Subjects of the federation have partial sovereignty and a certain political independence. In a federation, there are two levels of government: federal and federal subjects. The 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 size 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 federal subjects. The latter have the right to adopt their own constitution. The principle of hierarchy of laws has been established: the constitution and laws of the constituent entities of the federation must not contradict federal legislation.

Along with the federal judicial system, constituent entities of the federation may have their own courts. The Federal Constitution establishes only general principles of the judicial system and legal proceedings. The federal tax system is two-channel: along with federal taxes going to the federal treasury, there are also taxes from the constituent entities of the federation. The federal government system is characterized by the USA, Germany, Russia, India, etc.

Among federal states there are national-state and administrative-territorial ones. The first type of federation usually takes place in a multinational state, and its creation is determined by national factors. Subjects in such a federation are formed on a national-territorial basis (partially in the Russian Federation). The administrative-territorial federation, as a rule, is based on economic, geographical, transport and other territorial factors (Germany, USA, etc.).

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

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

Some legal scholars identify 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 goals.

The Confederation does not have its own territory - it consists of the territories of its member states. The subjects of the confederation are sovereign states that have the right to freely secede from its composition. The Confederation forms central bodies that are vested with powers delegated to them by the member states of the confederation. These bodies do not have direct power over the states that are part of the confederation. Their decisions are made on the principle of unanimity and are carried out only with the consent of the authorities of the relevant states. Confederate bodies can adopt regulations only on those issues that fall within their competence. These acts do not apply directly to the territory of the members of the confederation and require ratification by their parliaments. There is no nationality of the confederation: each member state has its own nationality. There is also no unified judicial system. The confederation's budget is formed from voluntary contributions from member states of the confederation; there are no taxes. The last confederation was Senegambia in 1981-1988.

In recent decades, many forms of economic, political, cultural and other unification 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 strengthening integration processes, this association is evolving towards a confederation.

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

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

The term "democracy" is of Greek origin. Literally translated, it means “power of the people.” The first democratic forms of political life appeared in ancient times: scientists talk about 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 Athenian slave-owning democracy occurred in the 5th century. BC . e. and is associated primarily with the name of Perncla. Democratic cities also arose repeatedly in the European Middle Ages - states (for example, Novgorod, Venice, Genoa, etc.).

In modern political science democracy refers to the political and legal regime(sometimes they talk about the political system, the form of 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, freedom of activity for various subjects of political life, recognition and guarantee by the state of political rights and individual freedoms.

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

Totalitarian regime - This is a political regime that claims complete control over the individual from the state. Western political scientists (Z. Brzezinski and K. Friedrich) identify the following signs of a totalitarian regime:

1) the presence of a single mass party, virtually fused with the state apparatus, headed by a charismatic leader-dictator; deification of the leader, his lifelong irremovability;

2) the presence of an official, dominant totalitarian ideology in society (communism, national socialism, fascism). This ideology is characterized by a belief in the imminent advent 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 strictly punished by the state;

3) the government’s monopoly on information, its complete control over the media;

4) state monopoly on means of armed struggle;

5) the presence of a powerful apparatus of control and coercion, mass terror against the so-called “enemies of the people”;

6) subordination of the economy to the state, 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, etc.). The main attention of adherents of this concept is paid to the analysis of the mechanism of the birth of mass society and the emergence of the “man of the crowd”, which is the support of the 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 by society for the totalitarian system in those historical periods when the contradictions of its modernization are most acutely manifested.

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 aimed at creating a socially homogeneous society, in fact it creates deep inequality between the bureaucratic apparatus and the population.

A political regime that maintains 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 in an authoritarian regime is one person or a group of people (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 refuses total control over society and does not interfere in non-political spheres of life.The regime is mainly concerned with ensuring its own security and stability.

Authoritarianism is a regime that has a transitional character from totalitarian to democratic. A society freed from total state control 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 “leapfrog” an authoritarian regime leads to anarchy and, as a consequence, to a new dictatorship.

A 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) 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 military authorities;

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

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

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

Military coups often occur under progressive slogans of carrying out economic reforms, establishing political stability, and eliminating corruption.

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

A democratic regime develops only in states that have achieved a high level of socio-economic development, capable of providing the necessary well-being to all citizens, without which it is impossible to achieve social harmony, stability and strength of basic democratic principles. True 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, mandatory recognition and guarantee of private property rights: only in this case is it possible to truly ensure all human rights and freedoms and his, even relative, independence from states.

Democracy is characterized by the following features:

1) recognition of the people as the source of power and bearer of sovereignty. It is the people who own 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 presence of fundamental human rights and freedoms, their recognition, guarantee and protection by the state;

4) adoption of the most important government decisions according to 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 subordinating to the decisions of the majority;

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

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

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

9) election of the main government bodies on the basis of universal, direct, equal suffrage by secret ballot;

10) a developed system of local government bodies, closest to the people and competent in solving local problems.

Strong state power must guard democratic principles and forms of organization of political life. Otherwise, there may be a threat of democracy degenerating into ochlocracy (ohlos - crowd and cratos - power, i.e. the power of the crowd). In ochlocracy, the principle of civil freedom is replaced by the principle of the arbitrariness of the crowd. It is she who acts as the master of the situation, dictating her will to politicians and government bodies.

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

General institutions of democracy are the 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 representatives (deputies); turnover of elected government bodies upon expiration of their term of office. All this strengthens the democratic regime and prevents attempts to usurp state power.

In accordance with the way the people exercise their power, there are two forms of democracy: direct (immediate) and indirect (representative). The institutions of direct democracy, within which the people directly make political decisions and exercise their power, are elections and referendums. These 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 government bodies. A special role among them is played by parliament - the highest legislative and representative (elected) body of power in the country.

The Constitution of the Russian Federation of 1993 enshrined another form of democracy - a system of local self-government bodies. They are separated from local authorities and ensure the participation of the population in decision-making of local importance.

All institutions of direct democracy can be divided into those that have final, generally binding significance and those that have advisory significance. The first group of institutions includes elections and referendums.

Elections are the procedure for forming a government body or vesting powers in an official, carried out through voting by persons with the right to vote. Through elections, parliaments and local governments are formed, heads of state, regional and local executive authorities are elected. The procedure for forming the elected bodies of the state is called the electoral system. It includes suffrage, the electoral process and the procedure for recalling deputies.

Electoral law refers to the principles and conditions for the participation of citizens in the formation of elected bodies. Suffrage can be active (the right to vote) and passive (the right to be elected). Suffrage may be limited by qualifications. Qualifications include age, education, nationality, race, property, class and residence (limitation of voting rights depending on the time of residence in the electoral district).

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 residency requirements are allowed. In the Russian Federation, persons declared incompetent by a court decision and persons held in prison by a court verdict cannot participate in elections.

Equal suffrage means that every voter has the same number of votes and participates in elections on equal terms (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 to be elected. Elections may not be direct (indirect), when voters form an electoral college, and they, in turn, vote for a candidate.

Other principles characterizing the electoral law are: freedom of elections and voluntary participation in them, a combination of state and non-state funding, transparency and public control over the conduct of elections, as well as the alternative nature 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 stages:

1) calling elections (usually by the head of state);

2) organization of electoral districts with approximately equal numbers of voters;

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

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

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

6) election campaigning;

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

With optional registration, the law does not even formally aim to ensure that all persons who meet the electoral qualifications are included in the voter lists: registration is carried out on the initiative of the voter himself, and the registrar is only charged with preventing persons who do not have the right to vote from participating in elections. The optional registration system comes in two varieties. Under the first of these, voter registration is permanent: a voter once added to the voting lists is considered permanently registered and is removed from them only in the event of death. The essence of the second type is that registration is periodic: after a certain time, voter lists are canceled and each 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 included on the voting list.

The majoritarian system is a method of determining voting results in which a statutory majority of votes is required to obtain a mandate. The main principle of this system is the “winner takes all” rule. Varieties of the majoritarian system are the majoritarian system of the relative majority and the majoritarian system of the absolute majority. Under the absolute majority system, to be elected, a candidate must receive an absolute majority of the votes cast in the constituency (more than half or 50% + 1 vote). The advantage of this system is the simplicity of determining the results and the fact that the elected deputy will represent the absolute majority of voters. However, its disadvantages are also significant: high unrepresentativeness (up to 49% of votes may be lost as a result) and the likelihood of several rounds of voting (if in the first round none of the candidates received an absolute majority of votes), which leads to an increase in absenteeism(evasion from participation in elections).

In a majoritarian system of relative majority, the candidate who received more votes than each of his opponents individually is considered elected.. This system allows you to determine the winner already in the first round of voting. However, often the candidate who is elected is the one who received a very small percentage of the vote and represents the interests of a clear minority of the electorate.

Proportional electoral system - This is a method of determining the voting results, which is based on the principle of distributing seats in proportion to the number of votes received by each party. With this system, large districts 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 votes not for an individual, but for a particular party list as a whole. Within the list, mandates are distributed in accordance with the order in which the candidates are located on the list. Under such a system, it is impossible to nominate a so-called independent candidate: in order to be elected, you need to be on the list.

After voting, the electoral quota (“electoral meter”) is determined. The simplest way to determine it is to divide the total number of votes cast in a district by the number of mandates distributed. Then the distribution of deputy seats between party lists is carried out by dividing the votes received by each party by the quota. The number of times the quota meets the number of votes a party receives is the number of mandates it will have. When using this method, all seats are not distributed at once: after the first transfer of mandates, one more method of distributing the remainder must be used (for example, the largest remainder method).

Example. 5 party lists participated in the elections. The list of party A received 126 thousand votes, party B - 94 thousand, party C - 88 thousand, party D - 65 thousand and party D - 27 thousand. A total of 400 thousand votes were cast in the district. The district 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 thousand votes: 50 thousand = 2 seats (remaining 26 thousand votes). List B - 94 thousand votes: 50 thousand = 1st place (remaining 44 thousand votes). List B - 88 thousand votes: 50 thousand = 1st place (remaining 38 thousand votes). List D - 65 thousand votes: 50 thousand = 1st place (remaining 15 thousand votes). List D - 27 thousand votes: 50 thousand = 0 seats (remaining 27 thousand votes). Thus, after the first distribution of mandates, 3 mandates remained unfilled. In accordance with the largest remainder method, lists with the largest balance of votes - lists B, C and D - will receive one additional mandate.

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 the results.

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 the 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 the deputy was “bound” in his activities by the orders of voters, was responsible to them and could be recalled ahead of schedule.

Another institution of direct democracy is referendum - a popular vote on bills, existing laws 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 into:

a) according to the legal force of the results, consultative (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 mandatory and do not require approval by any body);

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

The initiative for a referendum can come from the head of state, the entire parliament or a group of its deputies, a certain number of citizens or local governments. A referendum usually involves questions that require a clear positive (“yes”) or a clear negative (“no”) answer. A number of issues are not allowed to be submitted to a referendum. For example, in the Russian Federation, these include questions about changing the status of a subject of the Russian Federation, about the early termination or extension of the powers of the highest bodies of state power, about the state budget, taxes, amnesty and pardon. As in elections, special commissions are formed to conduct a referendum and campaign work is carried out. Legal consequences are associated primarily with the decisive referendum, the results of which, in the case of a positive answer to the question, become the law of the state.

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

Mechanism (apparatus) of the state - This is a system of government bodies through which the tasks and functions of the state are carried out.

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

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

2) the principle of separation of powers, excluding the possibility of arbitrariness on the part of government 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 at all levels of the state apparatus;

5) the principle of transparency, ensuring the openness of the activities of government bodies;

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

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

Modern legal science identifies three main models for constructing the state apparatus:

1) centralized-segmental, in which only central bodies operating throughout the state (president, parliament, government), as well as their local representatives, are considered bodies of state power. Local elected bodies are considered in this system as local government bodies and have a special scope of activity. This model is typical for 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 government bodies is unified. At the head of this system is a person or body that has full power and vests it in lower bodies, which, as a rule, are appointed by higher ones. Such a system of government bodies is strictly hierarchical in nature, extremely personalized and pyramidal in its structure. Local authorities are not local governments, but government agencies. 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 clan orders. The head of state is also the highest clergyman. There is no separation of powers and parliamentarism. This model is typical for states that have declared Islam as the state religion (Iran, Saudi Arabia, Qatar).

The state apparatus consists of state bodies that are different in the order of formation, structure and role in the exercise of power. A state body is an integral part of the state mechanism (an individual or organization), endowed with state powers and participating in the implementation of state functions. Thus, the state body:

1) represents an independent element of the state apparatus;

2) endowed with authority, including the ability to use coercion;

3) is formed and operates on the basis of legal acts that determine its competence. Competence of the state body - this is the scope and list of state powers assigned to this body, as well as its legal responsibilities. In addition, the concept of competence often includes a list of issues on which a given body has the right to independently make government decisions.

State bodies exercise their competence in three forms. The first form is the publication of normative legal acts. The second form is the adoption of law enforcement acts. The third form represents the organizational activities of a government agency.

State bodies 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 without a time limit. For example, to temporary authorities 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 government bodies of the constituent entities 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 Moscow Government; an example of a local government body is the mayor of Vladivostok;

3) according to the nature of the exercise of competence, a distinction is made between collegial and single-manager government bodies. The first includes, for example, the Supreme Court of the Russian Federation, the second - the Prosecutor General of the Russian Federation;

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

5) according to 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 principle of separation of powers itself has a long history. The foundations of the theory of separation of powers were laid by ancient thinkers, in particular Aristotle. It was formulated in its most complete form in 1784 by the French educator S.-L. Montesquieu. The need for the separation of powers into legislative, executive and judicial stems, according to Montesquieu, from the nature of man, his tendency to abuse power: all power must have its limits and not threaten the rights and freedoms of citizens. This theory was intended to justify 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 king’s power, 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 constantly fight among themselves, and periodically the state wins in this struggle.

The theory of separation of powers, as expounded by Montesquieu, presupposes 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 it is necessary to carry out three different types of activities in the state: the adoption of laws, their execution 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 to the problem: from the point of view of ensuring democracy, it is advisable to distribute these three areas of government activity between three different groups of government bodies so that power does not monopolize by one of its branches. It is also important that these three independent authorities can control each other, creating a complex system of “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 absolute: 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 government. Legislative power is state power delegated by the people to its representatives, exercised collegiately through the issuance of legislative acts, as well as monitoring and control of the executive power, mainly in the financial sphere.

The legislative branch is a representative branch. During the election procedure, the people transfer power to deputies and thus empower the legislature to exercise government power.

In different countries, legislative bodies are called differently: in the Russian Federation - the Federal Assembly, in the USA - Congress, in Great Britain - Parliament, in France - the National Assembly. Historically, the first legislative body was the English Parliament (from the French parler - to speak), therefore the legislative body is often called parliament.

Parliaments can be unicameral 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 houses become a kind of “barrier” to hasty and populist bills adopted by the lower houses.

The Houses 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 into factions to coordinate joint actions.

In addition to the exclusive right of legislation, only parliament has the right to establish taxes and fees, adopt a budget, and ratify foreign policy treaties. Parliament participates in the formation of many supreme bodies of state power. Parliament exercises its powers at 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 (imperative mandate).

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

Executive branch - This is a secondary, subordinate branch of government, whose activities are aimed at ensuring the execution of laws and other acts of legislative power.

Executive power is exercised through a system of executive bodies that are designed to carry out executive and administrative activities.

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

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

Executive power is exercised by the state through the president and the government and their local bodies. The government, as a rule, bears joint and several political responsibility for the policies pursued and the management activities carried out. Denial of confidence in the government is expressed in 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 by a new one. However, a defeated government (in order to balance legislative power) may, without resigning, resort to early dissolution of parliament (its lower house) and holding early general elections.

All countries provide for the possibility of bringing the head of government or his members to justice for committing criminal acts. In this case, the accusation is brought by parliament or the lower house, and the consideration and decision of the case is assigned 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 judicial power, exercised through public, adversarial consideration and resolution of disputes about law in court sessions. The courts have a monopoly on the exercise of judicial power.

The judicial branch differs significantly from the legislative and executive branches. The court does not create general rules of behavior (laws), it does not engage in governance. But, exercising state power in a special form - the form of justice, the court is not isolated from other branches of government. It applies laws issued by parliament, other regulations of state bodies, and the executive branch implements its decisions (prison of criminals). Justice is the activity of the court in making legal judgments about the law and the rights of the parties.

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

The judicial system 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 elections;

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

4) the immunity of judges and their irremovability;

5) collegiality of the court.

As a rule, two panels interact within the court: a professional judge (judges) and people's representatives. Depending on the role of the college of people's representatives in court, two types of courts are distinguished - a jury trial (jury trial) and a court of sheffens. The jury consists of one or more permanent judges and jurors (usually twelve). The functions of the judge and jury during the trial are strictly delineated. The jury reaches a verdict on the defendant's guilt or innocence, and the judge, based on this verdict, formulates a sentence that the jury cannot influence. The court of sheffens consists of one panel, which includes a judge (judges) and assessors (scheffens). Sentencing is carried out jointly by them.

Legal proceedings are the procedure established by law for initiating, investigating, considering and resolving criminal and civil cases. The basis of legal proceedings in a democratic state are the principles of legality, the administration of justice only by the court, equality of participants in the process, publicity, openness, orality, continuity and adversarial proceedings, and conducting the case in the national language.

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

Constitutional supervision can be carried out:

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

b) 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 body of a non-judicial nature (France).

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

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

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

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

Courts of administrative jurisdiction mainly consider complaints from citizens about government officials exceeding their powers, as well as disputes between employees and the administration (there are no such courts in the Russian Federation yet).

The classic 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, according to their competence, cannot be unambiguously assigned to one or another branch of government. First of all, this applies to presidential power in mixed and parliamentary republics, where the president is not the head of the executive branch, but performs the functions of the head of state.

Prosecutor's offices can also be named as an independent group of state bodies. They are not part of the executive system and, of course, do not belong to either the judicial or legislative branches. The main purpose of the prosecutor's office is to oversee the accurate and uniform execution and application of laws throughout the state. In addition, the prosecutor's office usually carries out investigations into some of the most important crimes, and also supports the state prosecution in court. The prosecutor's office is autonomous and independent in the implementation of its activities and reports only to the prosecutor general.

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

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

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

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

However, for the functioning of civil society, it is necessary to have other prerequisites: economic (private property, mixed economy, free market and competition), social (large share of the middle class in 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, and a revolution took place 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 free competition capitalism. At this time, the principles and values ​​of liberalism were established as the basis of political life. At the third stage (20th century), significant changes occur in the social structure of society (the transformation of the middle class into the main social group), and the process of formation of a legal social state is underway.

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

By the end of the 20th century. humanity has come closer to the real embodiment of the idea of ​​the rule of law, developed over centuries. Its origins were the ancient Greek philosopher Aristotle, but the concept of the rule of law was most fully reflected in the works of S. 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 state development was social antagonism. There is a contradiction between the tendency of people to live together and their inherent ill will and selfishness. Permission 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 legislative branch. The executive branch is subordinate to the legislative branch and, in turn, appoints the judicial branch. This way of organizing power, according to Kant, should ensure not just 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, lawyers and government scientists. At the end of the 19th century. German lawyer G. Jellinek put forward the idea of ​​self-limitation of the state by the laws it creates. However, time has shown that this does not yet guarantee civil society protection from arbitrariness on the part of the authorities. The state can be equally bound by both democratic and authoritarian laws, which elevate arbitrariness and violence. For example, fascist Germany declared itself a rule-of-law state, strictly complied with the laws adopted, and nevertheless represented a typical totalitarian regime, founded on violence and arbitrariness.

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

Thus, the famous Russian legal scholar, professor at 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: he believed that the main thing in it is not simply the isolation of 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 various 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 not enough to ensure the rule of law, Korkunov believed. Therefore, he raised the question of creating special means and bodies to oversee compliance with the rule of law in the activities of governing bodies. Important here is the idea of ​​universal rights 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 S. A. Kotlyarevsky. He believed that the necessary freedoms of citizens should be enshrined in the constitution and ensured by the state. To these, Kotlyarevsky included freedom of assembly and unions, freedom of speech and the press, freedom of religion, personal integrity, etc. Placing recognition of the importance of individual individual rights at the forefront, 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 senior government officials to representatives of the people for offenses. The ideas put forward by Kotlyarevsky are reflected in the modern concept of the rule of law, where they are 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 was practically embodied in a number of countries around the world.

Modern legal science calls a legal state a state that in all its activities is subject to the law, functions within the boundaries defined by law, ensuring legal protection for its citizens.

A legal state is characterized by the following features:

1. The supremacy of law, the “bound” 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) accepted in accordance with a legally established procedure;

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

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

3. Consistently implemented principle of separation of powers, creation of a system of “checks and balances”, mutual restriction and mutual control of all branches of government.

4. Mutual responsibility of the state and citizen - for violation of the law, the measure of responsibility provided for by law must necessarily follow, regardless of the identity of the offender. An independent court guarantees this principle.

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

1) production relations based on a variety of forms of ownership and freedom of enterprise. Economic independence and autonomy of the individual are 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, political culture of the individual and society, understanding of 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 true 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 independently, without the daily intervention of the state (which creates the basis for the latter’s violation of the law), to solve the problems that arise before it, can be the social basis of a rule of law state.

The current Constitution of the Russian Federation, adopted in a national referendum on December 12, 1993, constituted the Russian Federation as a democratic legal state with a federal form of government. It enshrines the democratic regime and its basic institutions, the principle of the supremacy of the Constitution and laws, and 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 forming a rule of law state in the Russian Federation faces significant difficulties and 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 being grossly violated. It is a common practice for representative and executive bodies of 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 are not implemented and are in effect only formally. Part of the population is deprived of the opportunity to have a job and receive decent remuneration for their work. The state turns out to be unable to adequately ensure the rights and freedoms of its citizens in the spheres of education, science, and social security. The principle of separation of powers in the Constitution is enshrined in such a way that the legislative branch is unable to organize effective parliamentary control over the activities of the executive branch in organizing and ensuring the implementation of federal laws.

Thus, to build a legal state in the Russian Federation it is necessary:

1) eliminate conflicts in the legal system 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 into compliance with the Constitution of the Russian Federation (including by-laws - in accordance with the laws of the Russian Federation);

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

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

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

In the XIX - early XX centuries. a party, as a rule, was understood as an association, a group of supporters of an ideology who achieve the realization of their goals through politics.

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

In political science of the 20th century. a 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, and serves to fight for political power.

Signs of a 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 internal party life; 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, the need arose to attract broad sections of society to participate in government.

Initially, political parties were created by combining parliamentary factions with committees to support local candidates.

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 politicians for their own candidacies. Mass parties formed “from below” as a result of the formation of spontaneous social movements have become a special type of political parties. Among the functions of political parties are:

1) political - mastery of state power in order to implement one’s 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 for oneself in society;

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

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

5) ideological - development of party ideology and program;

6) electoral - organization and participation in election campaigns;

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

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

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

1) depending on the method of communication with voters and the organization of internal life, parties are divided into cadre and mass. Personnel parties are small, amorphous organizations consisting of authoritative political figures, in which there is no institution of fixed membership, membership fees, or a proven admission mechanism. The organizational structure of such parties is extremely simple, their center is in parliamentary factions. Mass couples have a complex organizational structure, are numerous, and their main source of funding is membership fees. Such parties are governed by 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. The latter can be both legal (their activities are permitted by the state, they are officially registered) and illegal (prohibited by the state, operating underground);

3) according to the sustainability of their 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 their goals and in relation to the existing socio-political system, parties are divided into revolutionary (advocate for a radical and violent transformation of the existing social system), reformist (advocate gradual changes in the existing order), conservative (advocate for preserving the foundations of the previous system or for such transformations that adapt it to changing realities without any major shocks) and reactionary (advocate the restoration of old, outdated social structures);

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

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

One of the signs of a democratic regime is multipartyism, which means the existence and legal activity of two or more parties in the state. At the same time, only two parties can actually take part in the exercise of power (the Republican and Democratic parties in the USA 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 political life of other parties (for example, communist ones).

The Constitution of the Russian Federation recognizes political diversity and multi-party systems (Article 13). All public associations have equal rights. Currently, 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, do not have an extensive network of primary organizations, and have extremely small numbers. On the other hand, the interests of not all social groups are represented by the relevant parties.

In 2001, after many years of discussions, the Federal Law “On Political Parties” was adopted. In this legal act, a political party is considered as a public association created for the purpose of 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 for the purpose of representing the interests of citizens in state authorities and local governments. The minimum number of members of a political party is 10 thousand people (the party must have regional branches in more than half of the constituent entities of the Russian Federation). The creation and activities of political parties whose goals or actions are aimed at violently 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 is prohibited. The creation of political parties based on professional, racial, national or religious affiliation is not permitted. Structural divisions of political parties are formed and operate only on a territorial basis (their formation and activity in government bodies, the Armed Forces, in state and non-state organizations, in educational institutions is not allowed).

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

Citizens of the Russian Federation who have reached the age of 18 can be members of a political party. Foreign citizens and stateless persons have no right 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 deputies of the State Duma using a proportional system (based on party lists). This led not only to an increase in the number of parties vying 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.

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

Political ideology performs a number of functions in society:

1) sets a system of meanings and orientation 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 guidelines as to achieve purposeful actions of people in fulfilling the tasks it sets;

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 and integrate society -

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

Classic political ideologies were formed in the 18th century. Enlightenment thinkers sought to create a rational social order, which required clearly formulated ideas from them.

Based on the political philosophy of the English rationalists D. Locke, T. Hobbes, and the economic doctrine of A. Smith, the doctrine of liberalism (from the Latin liberalis - free) is formed. The basic principles of this ideology are personal freedom, unlimited civil and political rights, and personal responsibility for one’s own well-being. The condition for the implementation of these principles is the limitation of government intervention 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 requirement of scope for private initiative, freedom of enterprise, inviolability of private property, and the elimination of regulation of economic life (the slogan laissez faire - “don’t interfere with action”). Free markets and free competition are for liberalism the condition for economic progress and efficiency. In the social sphere, liberals demanded the equality of all people before the law (equality of opportunity), the destruction of class and caste barriers, and the creation of unlimited opportunities for social mobility. The social status, prestige, and capabilities of a person should directly depend on the results of his own activities, 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 of dissent, and separation of powers. The ideal of a socio-political system for liberals is the rule of law. The spiritual life of society should, according to liberal doctrine, be based on the principles of freedom of views and beliefs, the liberation of individuals from subordination to the church, and the right of individuals to independently formulate their moral duties.

Classical liberalism of the 19th century underwent a certain evolution and formulated a number of new ideas and principles that make up the content of neoliberalism. Neoliberalism understands the economic and social role of the state somewhat differently, including among its functions the protection of freedom of enterprise, the market, competition from the threat of monopoly, the development of a general strategy for economic development, and social protection of low-income groups and segments of the population.

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

The second classical political ideology is considered to be conservatism (from the Latin conservare - to preserve). Its basic postulates were formulated by the Englishman E. Werk and the Frenchmen J. de Maistre and L. Bonald as a reaction to the results of the Great French Revolution. Conservatism defends established forms of social life, traditional spiritual values, denies not only revolutionary changes, but also treats reformist attempts to restructure society with a certain distrust. Society is not some kind of machine, but first of all a spiritual reality with a fragile structure, therefore attempts change it 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 out that social affairs, along with reason, are ruled by Providence, which guides the destinies of people. All this forces conservatives to prioritize continuity over innovation. The idea of ​​social equality is also unacceptable for conservatism: the hierarchy of human society is pre-established from above, natural. The most important value for conservatives is order that resists chaos, in maintaining which the state plays a huge role. Freedom is not absolute and is closely related to individual responsibility. For conservatives, the interests of the state, society, and social group are immeasurably higher, more primary than the interests of the individual. However, power should not interfere in relations that are regulated by morality. The absolute values ​​for conservatives are family, religion, and social stability. Loyalty to them can resolve all contradictions.

In the last decades of the 20th century. There has been a tendency towards a rapprochement between classical conservatism and liberalism, which took shape in neoconservatism. Within its framework, commitment to a market economy and respect for the freedom of the individual are combined with the protection of order, legality, family, religion, and the moral foundations of the social order. Responsibility for preserving humanity rests with the individual himself. This position not only supports resilience and initiative in the 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 ideals of neoconservatism. In many respects it approaches classical liberalism of the 19th century.

Third political ideology - socialism(from Latin socialis - public) - it also received its final form 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 - beginning of the XIX century. - the so-called utopian socialists K. A. Saint-Simon, C. Fourier and R. Owen. Theoretical justification of socialism in the middle of the 19th century. given by K. Marx and F. Engels. All socialist concepts proceed from the fact that individualism should be replaced by joint activity of people based on a community of interests. In a future collectivist society, it is only possible to overcome selfishness, mutual alienation of people, and eliminate the causes that give rise to destructive social conflicts. The semantic core of socialist ideology is the idea of ​​equality And social justice. The guarantee and condition for its implementation is the liquidation of private property and the transfer of all means of production to public ownership. The result of this will be the elimination of social inequality and exploitation of man by man, the creation of conditions for the harmonious development of the individual (physically, mentally and morally). Over time, the state with all its material attributes (army, police, etc.) will also wither away.

Already at the end XIX- early 20th century The separation of two directions in scientific socialism begins - orthodox (Marxist-Leninist) and social democratic ("revisionist"). Theorist V. I. Ulyanov-Lenin spoke first, who developed the doctrine of the stages of the socialist revolution, the need for the violent destruction of the “bourgeois state machine” and the establishment of the dictatorship of the proletariat. The implementation of the foundations of socialist theory in practice was considered by him and his associates as an immediate political task. At the same time, E. Bernstein, K. Kautsky and other socialist theorists affirmed ideas about the possibility of peaceful, evolutionary achievement of the social ideal, about the connection of the ideals of a just social system with freedom and democracy. Their teaching about the possibility of reforming bourgeois society served as the ideological basis of modern social democracy, within the framework of which the thesis about the inevitability of an intensification 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 basic political problems (recognition of the principles of a mixed economy, democratic political system, ideological pluralism, respect for individual rights and freedoms, mutual responsibility of the citizen and the state and etc.). However, the existence of ideologies is fueled not only by the objective differences in the interests of social groups, but also by the subjective need of people for a holistic and consistent system of attitudes and values, which facilitates their orientation in socio-political reality.

Political culture - This is the experience of political activity passed on from generation to generation, which combines knowledge, beliefs and behavior patterns of individuals and social groups.

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

The most important functions of political culture are:

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

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

3) communicative function - the establishment of various kinds of connections between 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 consciousness of the necessary political attitudes, motives and norms of behavior;

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

Modern political science has adopted the typologization of political culture proposed by American scientists S. Verba and G. Almond. Having chosen as a criterion the degree of orientation of people towards 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 and global political processes. The bearers of this type of political culture are focused on local problems and are indifferent to the policies, attitudes and norms of the central authorities. This type of political culture is typical for developing countries in Africa and Asia.

2. Subject political culture is distinguished by the orientation of subjects towards the political system and the activities of the central authorities. The bearers of the 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. Civil political culture (or political culture of participation) is inherent in modern developed democratic states. The bearers 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 government bodies.

In reality, it is rare to find a “pure” type of political culture. Most modern societies are characterized by mixed types: patriarchal-subject, subject-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 develop, which express the characteristics 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 become especially important for the formation of subcultures: different generations are carriers of different and sometimes opposing 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 an individual’s assimilation of socio-political knowledge, norms, values ​​and skills of action that are preferable to the existing political system is called political socialization. It ensures the transfer of political knowledge, the accumulation of political experience, the formation of traditions of political life, as well as the development and improvement of political culture. In the process of political socialization of an individual, several stages are distinguished:

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 the existing systems of political norms and values ​​is transformed into the inner world of the individual;

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

The 4th stage is the entire 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 an individual (in accordance with the degree of independence of political participation): primary and secondary socialization. The first characterizes the process of political education of children and youth, and the second occurs in adulthood and is manifested in the active interaction of the individual with the political system based on previously acquired value attitudes.

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

Depending on the degree of a person’s involvement 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 the 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 affects 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 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 an individual’s political behavior is the basis for the classification of political roles by the Polish political scientist V. Wiatr:

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

2) competent observers - do not seek to gain 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 look for mainly 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 are indifferent to politics, taking part in political actions extremely irregularly;

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

Along with political roles, political science also identifies various types participation of an individual in politics: completely unconscious (for example, a person’s behavior in a crowd), semi-conscious (political conformism - understanding the meaning of one’s role with unconditional submission to the requirements of one’s social environment, even in cases of disagreement with it in opinions) and conscious participation (in accordance with one’s consciousness and will, the ability to change one’s role and position).

The political behavior of an individual is influenced by biological (age, gender, health), psychological (temperament, will, type of thinking), social (financial situation, origin, upbringing, social and professional status) factors. The system of factors of political behavior is crowned by a person’s worldview.

What is politics? Why does the average citizen need it? What does this concept include?

Policy. Social studies lesson

The political sphere is one of the four spheres of society, along with the economic, social and spiritual. What does social science tell us about this? The sphere of policy in science is divided into three concepts:

• Type of human activity.
• One of the four spheres of social life in a complex dynamic system of society.
• The type of social relationships between people in a group.

The concept of political activity

Each of us, without noticing it, is involved in the political activities of the state in which we live. Indeed, politics plays a leading role in our lives. After all, we all live within a society that is governed by a social institution such as the state. This is how the famous German scientist M. Weber characterized the involvement in politics of each individual in society:

• Involvement “by chance”. This is when a citizen of a country makes a one-time political decision and participates in the political life of the country. A striking example would be presidential elections or referendums on the most important issues of society.
• Part-time involvement. When a citizen actively participates in politics, but his main activity is in another area. For example, entrepreneurs belong to a political party and periodically participate in its life.
• Professional politicians. These are people whose main activity is this area.

Influence on politics

From the course of national history it is clear that similar movements arose in Russia. Suffice it to recall the Socialist Revolutionary Party (AKP) with its mass terrorist attacks and murders of leading political figures of the 19th century. The communists did not limit themselves to anything after the revolution of 1917 and the Red Terror that followed. The goal is to destroy the classes of “kulaks and masters” by any means. To prevent such events, a separate topic (“Politics”) in social studies is studied.

Political institutions

Sanctions are applied to ensure compliance with orders. This is not always a negative concept. Sanctions are divided into positive and negative. The first to ensure orders include incentives. For example, bonus, promotion, extraordinary leave. Negative sanctions for maintaining power include punishments - dismissal, fine, deprivation of bonuses, etc. An important factor in maintaining power is the authority of the subject issuing orders or instructions.

Let's look again at the Social Studies course. Politics is not only the sphere where power exists. In society, the following types of power are divided:

• Economic. Control over resources, money, material values.
• Cultural and informational. Control over information (radio, newspapers, television, etc.)
• Forced. Control by force (army, police, security services).
• Political.

The latter type of power has a number of distinctive properties that are unique to it:

• Applies to the entire society living on the territory of the state. All other powers are subordinate to the political.
• It acts on behalf of society as a whole.
• Only political power is given the right to legally use force.
• It has a single national decision-making center.
• Uses all means of influence inherent in other types of power.

What conclusion can be drawn from studying the Social Studies course? Politics is one of the key activities that influences all others.

Unified State Exam 2017. Social studies. Workshop. Policy. Right. Korolkova E.S.

M.: 2017. - 144 p.

The guide for preparing for the Unified State Exam contains standard exam tasks, comments on them and recommendations on all topics in the “Politics” and “Law” sections submitted for the exam. Comments on assignments take into account numerous difficulties and typical mistakes made by students during the exam. The manual contains many tasks at all levels of the Unified State Examination for independent work. Answers are provided for all tasks.

Format: pdf

Size: 1.9 MB

Watch, download:drive.google

CONTENT
PREFACE 4
POLICY. RIGHT 5
Brief description of the sections of Codifier 5
Politics 5
Right 5
Tasks in the sections “Politics” and “Law”
in the structure of the examination paper 6
Preparing for the exam: what to pay attention to 8
What to use when preparing for exam 13
EXAM PREPARATION TASKS 15
Content line “Politics” 15
The concept of power. The state and its functions.
Government bodies of the Russian Federation 15
Politic system. Typology of political regimes.
Democracy, its basic values ​​and characteristics 26
Civil society and the rule of law. Political elite. Political parties and movements.
Mass media in the political system 37
Election campaign in the Russian Federation. Political participation.
Political process. Political leadership 48
Content line “Law” 62
Law in the system of social norms. System of Russian law. Concept and types of legal liability. Constitution of the Russian Federation. Fundamentals of the constitutional system of the Russian Federation 62
Legislation of the Russian Federation on elections. Legislative process in the Russian Federation. Citizenship of the Russian Federation. Subjects of civil law. Organizational and legal forms and legal regime of entrepreneurial
activities. Property and non-property rights 72
Hiring procedure. The procedure for concluding and terminating an employment contract. Legal regulation of relations between spouses. The procedure and conditions for concluding and dissolving a marriage.
Features of administrative jurisdiction 83
Military duty, alternative civilian service. Rights and obligations of the taxpayer. International law (international protection of human rights in peacetime and wartime). Right to favorable
environment and ways to protect it 94
Disputes, the procedure for their consideration. Basic rules and principles of civil procedure. Features of the criminal process. Law enforcement agencies. Judiciary 105
ANSWERS 123
Content line “Politics” 123
Content line “Law” 132

Here is a workshop to prepare for the Unified State Exam in Social Studies. With its help, you will become familiar with all types of tasks that will appear in the exam and their specifics, and also learn about the content of the social science knowledge and skills being tested.
The manual presents two sections of social studies out of five: “Politics” and “Law”. Each section contains tasks for independent work in the Unified State Exam format for almost all units of tested content. These tasks are similar to those that will be presented in the exam.

What is power? Approaches to resolving the issue of the nature of power Class concept: Power is the organized domination of one class over others (K. Marx) Elite: Power comes from the division of society into the elite (minority) and the masses (majority) Structural-organizational: Power comes from universality Hierarchical structure of the organization of political life. Power-social concentration of command Behavioral: Power, the desire for it is the dominant feature of the Human psyche and consciousness

Power is: Interpretations of power As influence: the ability to influence people's behavior As authority: an attitude expressing voluntary agreement to obey the orders of the ruler As coercion: influence characterized by a high level of pressure As power: the ability to use all types of influence to influence the behavior of others

Types of power 1. By degree of institutionalization: government, city, school 2. By subject of power: class, party, people's, presidential, parliamentary 3. By mode of government: democratic, authoritarian, despotic 4. By legal basis: legal-illegal, legal -illegal 5. By number of individuals: collective, personal 6. By sphere of influence:

Types of power (by sphere of influence) Economic: control over economic resources, ownership of property Social: control over the distribution of statuses, positions, benefits and privileges Cultural-informational: control over the media Political: control in the sphere of management

Political power is the right and ability to defend and implement certain political views, guidelines and goals. Signs: 1. Only it has the right to use force within the country 2. Characterized by the existence of a single common state center for making political decisions 3. Has the ability to use a wide variety of means (coercive, economic, social, cultural, informational) 4. Acts on the basis of the right from on behalf of the whole society

Types of political power (according to M. Weber) Charismatic power - the country is governed by an outstanding personality capable of influencing society as a whole with authority. Traditional power is based on customs, traditions, faith in the reliability and steadfastness of existing orders. Legal power is legitimized, based on legal norms that must be followed.

State power is a type of power where the subject of power is the state (with its bodies, institutions and officials), and the object is the population of the country. Signs of state power: 1. Public character 2. Sovereign character 3. Limited territory Political power State power

Principles of sustainability of political power in the modern world Limitation - divided into three branches Legitimacy - public recognition of power, political decisions, leaders, parties, organizations and movements. Effectiveness - the degree of fulfillment of those functions that are assigned to the authorities by participants in political relations Institutionality - have an organized expression

Political activity Public administration (influence on society by the force of law and special institutions) The influence of political parties on social processes Various forms of people’s participation in political life (cooperation, alliance, conflict, struggle, etc.)

Political system, its components 1. Organizational = institutional (state, parties, social movements) 2. Communicative (political relations regarding state power) 3. Normative (political norms: customs and traditions; legal; corporate; moral - regulate political relations ) 4. Functional (covers forms and directions of political activity, methods of exercising power) 5. Cultural-ideological subsystem - (political ideology, political psychology, political culture)

Functions of the political system 1. determination of goals, objectives, paths and programs for the development of society; 2. mobilization and organization of society’s activities to implement them; 3. coordination of interests of the state, society and individual groups, organizations and individuals; 4. development of laws and regulations; 5. control over their implementation; 6. distribution of material and spiritual resources; 7. formation of political consciousness, political socialization and political adaptation of citizens; 8. ensuring internal and external security and stability of the political system.

State: signs, functions, forms Signs 1. Territory 2. Public power 3. System of law 4. Sovereignty of power 5. Exclusive right to collect taxes 6. Single monetary system 7. Mandatory membership in the state 8. Availability of symbols Functions 1. Internal: - economic - social protection - taxation - protective (law and order 2. External: - participation in solving global problems National security cooperation Forms Distinguish between 1. Forms of government 2. Forms of government 3. Forms of state by political regime (democratic, authoritarian, totalitarian )

According to the form of government, states are Monarchy (unity) - a form of government in which the source and carrier of the state. power is one person occupying the throne by right of birth. A Republic is a form of government in which the source and bearer of the state. power is the people and elected bodies - parliament and the president Absolute (unlimited) Dualistic Parliamentary: The supremacy of parliament The government is responsible to Parliament The Prime Minister forms and heads the government Presidential: The President is the head of state and government The president is elected by the population or by electors Government responsible to the President Mixed (parliamentary-presidential): Strong parliament and strong president; balance of powers of Parliament

Form of government Unitary state is a form of government. device, in which its parts are administrative-territorial units and do not have the status of a state entity (Japan, Ukraine, Poland) Federation - a form of state. device in which territorial parts are state. formations-subjects of the federation (Russia, Germany, USA, Mexico) Confederation is a form of state. devices, a voluntary association of independent countries or republics that retain sovereignty (European Union, CIS, USA until 1865)

Typology of political regimes 1234 As a result of the interaction of the indicated components of the PS, a certain political order or regime is formed, i.e., the way the political system functions. System of methods for exercising power. Democracy. Democratic political regime. Translated from Greek, “democracy” means “power of the people” (demos - people, cratos - power). Authoritarianism. Authoritarian political regime The functions of power are concentrated in the hands of a group of people or one person. Totalitarianism. Totalitarian political regime Political domination of a group of people headed by a leader, total control over the life of society Learn the characteristics of regimes

Democracy and Its Basic Principles Democracy is a political regime in which the people are the source of power - Democracy - The principle of the majority, the will of the majority is revealed through elections and referendums - Respect for the rights of the minority - the right of the minority to opposition - Parliamentarism - state. power in which the leading role belongs to popular representation - parliament - Political pluralism (diversity): multi-party system, diversity of political ideas, media, etc. - Glasnost - openness of the activities of political institutions, accessibility of information, freedom of speech - Rule of law, the basis of which is the rule of law and guarantee of the rights and freedoms of citizens

Democracy and Its Forms Representative Direct (immediate) Power is exercised by the people themselves without political intermediaries. How? Elections on the basis of universal suffrage Referendums Gatherings and meetings of citizens Appeals of citizens to government bodies Rallies, demonstrations Exercise of power by representatives of the people - deputies It is necessary to have a representative legislative body - PARLIAMENT Professional politicians participate in the process of representative democracy

Unified State Examination for the Section: "Politics"

1. Write down the word missing in the table.

Answer:________.

2. Find a concept that is generalizing for all other concepts in the series presented below, and write down the number under which it is indicated.

1) general elections; 2) parliamentary democracy; 3) government responsible to parliament; 4) deputies from the opposition; 5) equality before the law.

4. Choose the correct judgments about political regimes and write down the numbers under which they are indicated.

2. A democratic political regime presupposes guarantees of human rights and freedoms.

3. Constitutions exist only in countries with a democratic system.

4. The establishment of parliamentarism began in modern times.

5. A characteristic feature of totalitarianism is the merging of the state and the ruling party.

Answer:________.

5. Select the correct judgments about the forms of government and write down the numbers under which they are indicated.

1. The nature of the distribution of powers between the center and the regions determines the form of government.

2. All modern democratic states have a republican form of government.

3. Monarchical rule involves the transfer of power by inheritance.

4. In a republican form of government, unlike a monarchical one, the government is elected by the population.

5. In a republic, tenure in the highest elective posts is limited to a certain period.

Answer:________.

6. In state Z, the president is elected by members of both houses of parliament. What additional information indicates that State Z is a parliamentary republic? Select the required items from the list and write down the numbers under which they are indicated.

1. Parliament is a permanent body.

2. Parliament can dismiss the government.

3. The government is responsible to the president.

4. The head of government becomes the leader of the party that wins the parliamentary elections.

5. Parliament is elected on the basis of universal and equal suffrage.

6. The main function of the government is to develop and pass laws

Answer:________.

7. Choose the correct judgments about the features of a democratic political regime and write down the numbers under which they are indicated.

1. In a democratic regime, publicity is the principle of organization and activity of the state apparatus.

2. In a democratic regime, power is divided into legislative, executive and judicial.

3. In a democratic regime, the activities of opposition parties are prohibited.

4. Unlike other types of political regimes, in a democratic regime there is the right of government to collect taxes and fees.

5. In a democratic regime, unlike political regimes of other types, the authorities have the right to legally use force.

Answer:________.

8. In Art. 3 of the Constitution of the Italian Republic states that the task of the state is to eliminate obstacles that actually limit the freedom and equality of citizens and interfere with the full development of the human personality. What conclusions does this constitutional provision allow? Write down the numbers under which these conclusions are indicated

1. The Republic proclaimed the values ​​of a democratic social state.

2. The republic is distinguished by stable social relations.

3. The Republic is a welfare state with high living standards.

4. The Republic is a modern state with developed legislation.

5. The Republic declared the sovereignty of the people.

6. The Republic recognizes man, his rights and freedoms as the highest value.

Answer:________.

9. Country Z has developed a stable political system, which ensures stable development of society. What components are included in a political system?

1. communicative

2. cultural and ideological

3. educational

4. normative

5. party-organizational

6. institutional

Answer:________.

10. According to the Constitution of the Russian Federation, the branches of the highest state power include power

1. judicial

2. municipal

3. executive

4. party

5. legislative

6. folk

Answer:________.

11. Choose the correct judgments about the forms of government and write down the numbers under which they are indicated.

1. Only multinational countries have a federal government structure.

2. In a unitary state there is no territorial division of the country.

3. In a federal state, the subject of the federation has part of the sovereignty.

4. Unitary states usually have a unicameral parliament.

5. In unitary states, authoritarian regimes are established more often than in federal ones.

Answer:________.

12. In state Z, regular elections of the legislative assembly are held. Representatives of various political forces participate in them. What additional information indicates that the country has a proportional electoral system?

Select the required items from the list provided and write down the numbers under which they are indicated.

1. mandates are distributed between parties in accordance with the number of votes cast

2. opposition parties, along with pro-government ones, nominate their candidates

4. inter-party coalitions are created during the pre-election period

Answer:________.

13. State Z has adopted a new constitution and elections are held at certain intervals. What additional information will allow us to conclude that there is a totalitarian regime in state Z? Choose the correct answers and write down the numbers under which they are indicated.

1. The main supreme bodies of power are formed on the basis of elections.

2. The branches of government are constitutionally separated.

3. Separate articles of the constitution are devoted to the rights and freedoms of citizens.

4. There is a single obligatory political ideology.

5. Full state control has been established over all aspects of society and human life.

Answer:________.

14. Choose the correct judgments about the place and role of a political party in modern society and write down the numbers under which they are indicated.

1. A political party is an element of the communicative component of the political system.

2. The political party that receives a majority in parliament forms the highest legislative and executive powers.

3. The most important function of a party in a democracy is governance

national economy.

4. In a modern democratic society, party participation in the election campaign is of particular importance.

5. One of the functions of a political party is to identify and coordinate interest groups of the country's citizens.

Answer:________.

15. In state Z, the opposition has created its own party and has its own press organs. What additional information indicates that State Z is democratic? Find the hallmarks of democracy in the list below and write down the numbers under which they are indicated.

1. a multi-party system has developed

2. there are educational and property electoral qualifications

3. Parliament is elected through free and alternative elections

4. the country has a unitary form of government

5. The constitution guarantees the rights and freedoms of citizens

6. the president is vested with broad powers

Answer:________.

16. Choose the correct judgments about political power and write down the numbers under

by which they are indicated.

1. Political power is expressed in managing the affairs of the state and society through a system of government bodies.

2. Political power includes a system of non-state methods of influencing society and citizens.

3. Political power is engaged in educational and scientific activities.

4. The institutions of political power include industrial organizations.

5. The institutions of political power include consumer and

trade unions.

Answer:________.

17. State Z is headed by a charismatic leader. What features are characteristic of this type of political leadership? Write down the numbers under which these traits are indicated.

1. Leadership is based on tradition

2. leadership is exercised on the basis of laws adopted by a modern democratic society

3. the leader is distinguished by rhetorical and communication skills, artistry

4. citizens endow the leader with exceptional, outstanding leadership qualities

5. A leader charges those around him with his energy.

6. leadership is based on the habit of citizens to obey

Answer:________.

18. Choose the correct judgments about the rule of law and write down the numbers under which they are indicated.

1. A rule of law distinguishes from an illegal state the supremacy of law and justice.

2. In a rule-of-law state, a previously absent separation of public power from society is established.

3. The government in a law-governed state, as well as in a non-legal state, has a monopoly on the legal use of force.

4. The rule of law ensures legal relations in society and legal equality.

5. The branches of government in a rule of law state are independent of each other.

Answer:________.

19. State Z was headed by a popular heir to the ruling dynasty. Which information from the following indicates that political leadership in State Z can be characterized as traditional? Choose the correct positions and write down the numbers under which they are indicated.

2. Political leadership is characterized by the faith of citizens in the extraordinary, outstanding qualities of the leader.

3. The leader exercises political power on the basis of laws and within the framework of laws.

4. Members of society experience both a feeling of love and a feeling of fear towards the leader.

5. Leadership is based on the habit of submission.

6. The leadership's competence is clearly defined by the constitution and regulations.

Answer:________.

20. Read the text below, in which a number of words are missing. Select from the list provided the words that need to be inserted in place of the gaps.

“The form of the state, no matter how it is expressed, always has a direct connection with the state _____ (A). Forms of government vary depending on whether power is exercised by one individual or held by a collective _____ (B). In the first case we have a monarchy, in the second ____ (B). A parliamentary monarchy is distinguished by the fact that the _____ (D) of the monarch is formally and actually limited in all areas of the exercise of state power. The legislative power belongs to _____ (D), the executive power belongs to _____ (E). Parliamentary monarchies in science

literature are often called constitutional monarchies.”

The words in the list are given in the nominative case. Each word can only be used once. Choose one word after another, mentally filling in each gap. Please note that there are more words in the list than you will need to fill in the blanks.

List of terms:

1. federation

2. government

3. president

4. parliament

6. elected body

7. politics

9. republic

Read the text and complete tasks 21-24.

The form of a state is a complex concept that includes three elements: form of government, government structure and political regime. The form of a state is not a simple set of its constituent elements, but the unity of an entire system, conditioned by its internal connections and relationships. The form of each specific state as a unity of these elements (form of government, form of government

and political regime) develops historically under the influence of a number of factors. It is undoubtedly influenced by the level of economic development achieved by society at a certain stage of its development, and the relations between the main political forces in society. Therefore, in different historical eras, those forms of state prevailed that were more consistent with the stage

economic growth and the balance of political forces in the country. This explains why in the Middle Ages, for example, the most common form of government was monarchy (of various types). And after the bourgeois revolutions in some countries, the monarchical form of government either underwent significant changes or was replaced by a republican one (also of different types).

This diversity is explained by the fact that, in addition to the above factors, the form of the state can also be influenced by other conditions, in particular, the geographical location of the country, the historical traditions inherent in the peoples inhabiting it, etc.

The state is the form of exercise of sovereign power. Depending on who is the bearer of sovereign power, we can talk about different

forms of government. The form of government is understood as the organization of the supreme state power, the procedure for the formation of its bodies, their competence and relationship with the population, the degree of participation of the population in the formation of these bodies.

Based on their forms of government, states are divided into monarchies and republics. The monarchical form of government developed in slave society and is still preserved in some countries.

Of course, the monarchy as a form of government did not remain unchanged. It underwent very significant changes depending on the conditions for the development of socio-political institutions and the alignment of socio-political forces in society.

The head of such a state is the monarch; his activities are not limited to a certain period, i.e. he fulfills his duties for life. A Republic is a form of government in which the highest bodies of state power are elected by the people on the basis of popular vote, i.e. the source of power is the sovereign people. In republics, the highest bodies of state power are collegial and mostly elected (head of state - president, parliament), which are elected for a certain term. Officials of elected government bodies bear political responsibility to their voters. It can be expressed in such forms as early recall of a deputy, dissolution of parliament, resignation of the government, or removal of the president from office.

(M.I. Abdulaev)

21 List four factors influencing the formation of the form of a state.

23. Article 1 of the Constitution of the Russian Federation establishes that Russia is a democratic federal legal state with a republican form of government. Correlate these characteristics of the Russian political system with the three elements of the form of the state as a system indicated in the text (first give the element, then give its characteristics).

24. Supporters of monarchies argue that such states are more stable and better ensure the continuity of power. Based on social science knowledge and using the text, give three arguments in favor of a republican system.

25. What meaning do social scientists put into the concept of “form of state-territorial structure”? Drawing on the knowledge of a social science course, compose two sentences: one sentence containing information about the varieties of forms of state-territorial structure, and another sentence characterizing one of these varieties.

26. Name any three social functions of the state and illustrate each of them with an example.

27. A single national constituency has been created in country Z. The government is formed by the bloc of parties that wins the elections. Deputy seats (mandates) in the legislative assembly are distributed among political parties depending on the votes they receive, provided that these parties have overcome the 10% electoral threshold.

What type of electoral system is country Z? Indicate one advantage and disadvantage of this electoral system.

28. You have been instructed to prepare a detailed answer on the topic “Political consciousness”. Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in sub-points.

ANSWERS