The Theory of State and Law (elementary course). Aigul Karatayeva
implementation of the-State-of tasks and functions of the state policy.
3. In structural terms, the state mechanism consists of civil servants (officials) – specialists – in the management of professionals.
4. The mechanism of the state is endowed with special powers. They manifest themselves primarily in the possibility to establish generally binding rules of conduct (legal norms), to demand their implementation by all parties of social life and punish entities for violation of the established norms.
5. The mechanism of state is authorized to dispose of the necessary material resources (budget, state property, resources, institutions, enterprises, organizations, and others.).
The process of the organization and practice of the state mechanism is based on certain principles. These principles – it is raw ideas, guidelines that define approaches to the formation and functioning of the public authorities. Among these principles are usually related to the following ideas:
– The principle of priority of the rights and freedoms of man and citizen (all public authorities owe their jobs in the first place to recognize, respect and protect the rights of the data);
– The principle of democracy (majority of citizens the opportunity to participate in the formation of government bodies and control over their activities);
– The principle of separation of powers (the need for a unified division of state power into three branches: legislative, executive and judicial branches, which each independently realize their authority, but are interdependent and limit each other);
– The principle of legality (mandatory strict compliance by all public servants constitution regulations, laws and regulations);
– The principle of transparency (transparency, availability of information about the activities and results of the specific state bodies and officials);
– The principle of professionalism (the need to involve in the administrative apparatus of the most qualified and experienced experts);
– The principle of responsibility (every public official should be responsible for the faithful execution of their professional duties);
– The principle of subordination (multi-level nature of governance, accountability, and accountability involving lower-level authorities superiors);
– The principle of combining collective leadership and unity of command (in collegiate organs may be the sole adoption of certain management decisions, while the individual government agencies and individual officials should actively use the collegial form of administrative work);
– The principle of a combination of election and appointment of (state bodies are formed either by the appointment of civil servants, and by their election).
The concept of state
Expand the concept of the state – means to form an idea of it by pointing to the most significant patterns properties (attributes) of the phenomenon. Modern state as such features are called following.
1. The state is first and foremost a special form of organization of political power in society.
2. The State – an organization of political power, officially representing the whole of society, expressing its collective will.
The collective will – a complex concept, it includes two aspects: the narrow group and general social. Any state in carrying out its policies, acts, on the one hand, in the interests of various social strata and groups (economically dominant class, the ruling political elite, certain ethnic groups, religions, big business, etc.), And on the other – in the interests of society as a whole (health care organization, education, transport, communication, crime, measures to prevent wars). Narrow group and general social state in essence inseparable, though their relation to different historical periods in the same state can changed.
3. State – is the territorial organization of power. This feature means that the power of the state, the propagation within the territorial boundaries of the state, shows the regulatory effect on all persons within the territory of the state, irrespective of their nationality, ethnicity, profession and other characteristics.
4. The State – a sovereign organization of power. State sovereignty is manifested in two aspects: firstly, the possibility of an unconditional, absolute dominance of state power within its territory (internal sovereignty), and secondly, the ability to carry out independent policy at the international level.
5. State – is the regulatory institution of society, an instrument through which society organizes and develops in the right direction of the relationship between people. The raison d'être of the state organizations – in the management of the life of society. By accepting and putting into practice the necessary laws, the state has an impact on most social relations (economic, political, family, domestic, cultural, information, etc.).
6. The State – it is difficult to organize multi-level mechanism consisting of interconnected and interacting controls (legislative, executive, judicial, law enforcement, etc., as well as officials and civil servants).
7. State – an organization with a mandate to dispose of. human and natural resources of society, as well as special material values. Disposal of human resources reflected in the fact that the government specifically organizes the system of employment of the population by encouraging society to implement the production functions that are needed to maintain its normal existence and progressive development.
Disposal of natural resources is manifested in the ability to use the benefit of society and the natural wealth of the state.
In addition, in the process of carrying out the necessary policy, the state is authorized to dispose of such unique material assets as state property, budget, foreign exchange and gold reserves, Diamond Fund, and others.
Summarizing the above essential features of the state, it is possible to propose the following definition of this phenomenon.
State – а sovereign, territorial organization (engine) power, which expresses the collective, will of society and using its human, natural and material resources in order to regulate the most important social relationships.
The essence of the state
Category «essence» borrowed theory of law of the philosophy and used for repeated consideration of the most important, the key issues. Under the essence of a phenomenon in philosophy understood as a set of deep natural connections and relationships that make up the sum of its qualitative definiteness.
When considering the nature of the state should take into account two main aspects:
1) that any state is an organization of political power (formal aspect);
2) then, whose interests are served by the organization (content side).
In the legal literature are the following approaches to the nature of the state:
– Class approach, under which the state can be defined as the organization of political power by the economically dominant class. Here the state is used in the narrow purposes, as a means to ensure mainly the interests of the ruling class. In this case the priority satisfaction of the interests of any one class can not but arouse resistance from the other classes. Hence the problem is permanent «removal» of resistance by violence, dictatorship. Human values and interests are also present, but they fade into the background);
– Society approach, under which the state can be defined as the organization of political power, to create conditions for a compromise of interests of different classes and social groups. (Here, the state is already in use in the wider purposes as a means to ensure the public interest is mainly concentrating the interests of different classes and strata, the majority of the population, using mainly a method such as a compromise);
– Religious, ethnic, racial, and different approaches to the nature of the state, in which, respectively, religious, national, racial interests will dominate the policy of a particular state.
In general we can say with certainty that the essence of a particular state has many aspects and is not limited to the class and general social principles. Consequently, in the