The concept of the state
The state is the main institution of the political system, an organization that performs the functions of normative and regulatory management of society.
In the history of political thought, the following concepts of the origin of the essence of the state are distinguished: a) power (D. Yum, L. Gumplovich) - the state emerges as a result of usurpation of political power; b) treaty (T. Hobbes, J. G. Gumplovich). Locke) - the state is a consequence of the conclusion of a social contract between individuals in order to preserve the security of life and property; c) economic (J.J. Rousseau, C. Marx) - the emergence of the state leads to objective changes in the economic life of individuals; d) patriarchal (R. Hobbs, J. Marx). (e) Organic (E. Burke) - the state is represented as an "organism" based on traditional social norms; (f) theological (Augustine the Blessed, Thomas Aquinas) - the state is a reflection of the "celestial order", and the ruler - "the anointed of God".
Signs of the modern state (which are generally recognized in international law):
a) The territory as a sign of the state is indivisible and inviolable, as well as inalienable and exclusive.
The principle of territorial integrity means that public authorities do not interfere in the affairs of other states;
Inalienable - its borders are fixed by an international treaty with other states;
Exclusive - only this state has power on its territory.
b) population (people) - a community living on the territory of a certain state and subordinate to its power. General subordination of the population to state power is a necessary condition for the integrity of the state.
c) sovereign power. The term "sovereignty" was introduced in the 16th century.
J. Baden. With the French "sovereignite" - the supreme power. Baden understood the sovereignty to be the absolute power of the state. State sovereignty - the beginning, that the state has the supremacy and the fullness of the legislature, will execute both the judicial power within the country and the independence in the international arena
The concept of the rule of law and the difficulties of its construction on the example of the Russian Federation.
The rule of law is a form of organization and activity of public and political power based on:
- Guarantee of rights and freedoms
- Mutual responsibility of the state and the individual
- Availability of civil society and its monitoring
The term was introduced in 1813 in Germany (der Rechstadt) and developed by conservatives Müller, Shtal, and liberals Wellner, Von Aletik. The term was first introduced into the Constitution of the Weimar Republic in 1919.
When considering the rule of law in Russia, it should be noted that for our situation it is important to understand the differences between the form and content of the rule of law.
According to the Constitution, Russia is a rule of law state. It enshrines: the inviolability of the law in all spheres of public life; political pluralism (art. 13 para. Z). The Constitution recognizes and guarantees human and civil rights and freedoms (Art. 2 and the whole Chapter 2). State power in the Russian Federation is exercised on the basis of the principle of separation of powers (art. 10).
However, it is obvious that Russia is only going to the rule of law in terms of content. In general, we can say that in Russia in the 90s there appeared formal prerequisites for moving towards a rule of law state, these prerequisites include elements of democratic politics, space, ideology of a part of the ruling elite. We can talk about the emergence of substantial prerequisites for a rule of law state in the form of the institution of private property and elements of various relations. At the same time, substantive grounds are not sufficient to simplify legal relations.
Social state
The social state is a type of state structure, which allows to provide a more even distribution of material and spiritual benefits, to equalize the starting opportunities of citizens by means of social standards, to create a favorable social and cultural environment for them, has the following features:
- Social payments and social distributions
- High level of economy
Liberal (USA) "positive state" of social protection based on the ideology of individualism and protection of corporate interests and does not guarantee a high level of protection to all social strata.
A conservative (Great Britain) "state of social security", full employment of the population with incomes not lower than the subsistence minimum and guarantees not material equality but equality of social opportunities.
The social democratic (Sweden) "welfare state" is the implementation of the principles of equality, solidarity and corporatism, and social policy is actively pursued through state bodies and public organizations with the aim of equalizing the incomes of different groups of the population.
Functions (types of intervention) of the social state: legal, economic, pedagogical:
Legal economic and pedagogical
-improvement of legislation to improve legal status - social payments and tax collection - implementation of educational information.