Political science and law. Political science. lectures for university students. Logistics of discipline….………….87
an integral part of the national policy relating to the organization and use of means of armed violence to achieve political ...
the question of the relationship (economic, territorial, political, state-legal, cultural and linguistic) between nations, national groups and ...
Benjamin (Benjamin) Walter (07/15/1892, Berlin-09/26/1940) - German critic, publicist and sociologist of left-wing radical art; done...
political organizations on the right flank of the political spectrum, striving to preserve the traditional social order in the conditions of ...
a set of areas of activity of the state, its structures and institutions for the organizational, concrete and meaningful expression of the interests of the people ...
§ 4. Politics and law
When analyzing politics, the question of its relationship with law is very important. The problem of correlation between politics and law, their priorities, has existed for a long time. There is even a parable about this. Once an architect, a politician and a lawyer argued about whose profession is ancient. The architect said that, first of all, man learned to build his own dwelling. The lawyer said that any building must initially have a plan and a regulatory framework. The political scientist noted that even before the Existence of the world itself, it was necessary for someone to create chaos, and then lead the process of creation.Law is one of the normative systems that regulate relations in society, actions and behavior, the functioning of associations and state bodies. Law (other Slavic law - law) - 1) a system of generally binding norms protected by the power of the state; 2) a science that studies legal norms and rules that regulate the relations of people in society (jurisprudence).
The law is characterized by the obligatory nature of its rules, their certainty, the application of a single scale and measure to situations and relations that have the same legal features, support and protection of the authority and power of the state. The specificity and role of law in the life of society and its subjects are due to the close relationship with the state and the nature of this relationship. The right is not only supported and provided by the state, but in turn supports and ensures it. The rule of law state is characterized by the recognition of the connectedness of any of its bodies, as well as the state as a whole, by the prescriptions of law. As long as they are not changed in the prescribed manner.
Law and politics are two interrelated spheres of public life. The relationship between law and the political state is bilateral: on the one hand, the state authorizes and states the system of law, making it public, obligatory, universal, and its violation entails measures of state influence; but on the other hand, the state itself is supported and secured by law.
What is common between politics and law is that they are regulatory, interdependent systems of society.
The differences between them in this sense stem from the fact that these are different regulatory systems. The well-known Dutch lawyer G. Grotsius believed that “the subject of jurisprudence is questions of law and justice, and the subject of political science is expediency and benefit.”
An important difference between politics and law stems from the difference between the political and administrative-legal spheres of government. Law and the administrative-legal sphere are, first of all, laws, decrees, orders; politics, the political sphere of management is the strategy and tactics of the behavior and activities of people and their organizations, the impact of power structures on society with the help of not only, and sometimes not so much legal norms, but many other means and measures (forceful, material, ideological, psychological and others).
Another difference between politics and law is that the rules of law are quite definite and "stable", while politics is more changeable and inconsistent. Different groups of people have different, changing political values and principles, and they are perceived differently. Politics is more flexible and controversial, less definite and permanent than law, the sphere of human interaction.
Another difference between politics and law is that politics is a broader phenomenon than law and the state. It is characterized not only by the quality of omnipresence, but can also extend its field of influence to any spheres, issues and problems of public life. Politics is usually present wherever there is law, but law is not always present in political decisions, relationships and processes. The difference between politics and law also lies in the fact that politics can change very quickly, while law changes more slowly and usually through official rule-making.
A clear separation of the spheres and functions of politics and law can be very significant - to help overcome some dangerous trends in the development of society and its power structures. One of them is an extremely broad interpretation of politics, declaring as political those problems that can be solved by administrative and legal means. It is this tendency of character for totalitarian and authoritarian regimes. At the same time, the importance of politics itself is downplayed - political decisions are made not on the basis of scientific strategy and tactics, but through violence, "pressure", manipulation of public consciousness, etc.
There is another dangerous trend - the reduction or narrowing of political problems to the framework of the administrative-legal system. The desire to absolutize the existing political course of the authorities and law, to remove it from the field of critical analysis, also seems irrational.
The following main options for interaction between politics and law can be distinguished:
1) subjugation of law by politics (for example, due to “revolutionary” or other “political expediency”);
2) absolutization of law and attribution of unrealistic possibilities to it;
3) maintaining a reasonable interaction between politics and law: the coincidence of the course of democratic reforms and the tasks of forming a rule of law state.
The harmonious interaction of politics and law has a beneficial effect both on the phenomena under consideration and on society as a whole. The legal and social state serves as a reliable basis for the implementation of a truly democratic policy in society, and it is, in turn, a necessary condition for the appropriate improvement of legal norms in the prescribed manner.
In the modern era, the question of the relationship and interaction of state policy with law is of paramount importance also because legal law is only fair and humane when it is equally mandatory, and rights and obligations are equal for all citizens, including state officials, deputies, leaders of the state. And such a right will operate only in conditions of a real political course of truly democratic and social reforms.
The fundamental condition for the progressive, democratic development of modern Russia is the observance of the requirements of its Constitution, other laws, norms of international law, the implementation of the “spirit and letter” of these documents in political practice. “The state must strictly observe them in all political decisions. This is the most important and obvious facet of the relationship between state policy and law, legally embodied in laws.
Only a policy based on law will be truly reasonable, stabilizing and uniting society. Outside of law and morality there is no place for humanistic and democratic politics. The ideal is a legal, highly moral policy.
POLITICAL SYSTEM OF SOCIETY
The political system of society is an integral, ordered set
political institutions, political roles, relationships, processes,
principles of the political organization of society, subject to the code
political, social, legal, ideological, cultural norms,
historical traditions and attitudes of the political regime of a particular
society. The political system includes the organization of political power,
relations between society and the state, characterizes the course of
political processes, including the institutionalization of power, the state
political activity, the level of political creativity in society,
the nature of political participation, non-institutional political relations.
The political system is one of the parts or subsystems
overall social system. She interacts with others
subsystems: social, economic, ideological, ethical,
legal, cultural, forming its social environment, its public
resources along with its natural environment and natural resources (
demographic, spatial-territorial), as well as
foreign policy weapon. The central position of the political system in
this structure of its external and internal environment is determined by the leading
organizational and regulatory-control role of the policy itself.
The political system of a particular society is determined by its class
nature, social system, form of government (parliamentary,
presidential, etc.), type of state (monarchy, republic),
the nature of the political regime (democratic, totalitarian,
despotic, etc.), socio-political relations (stable or
no, moderately or acutely conflict or consensus, etc.), political
legal status of the state (constitutional, with developed or not
developed legal structures), the nature of the political, ideological and
cultural relations in society (relatively open or closed),
historical type of statehood (centralist, with hierarchical
bureaucratic structures, etc.), historical and national tradition
way of political life (politically active or passive population,
with or without blood ties, with or without developed
civil relations, etc.).
The political system that governs society should not dominate
it due to the suppression and weakening of other systems (despotic and
totalitarian type of political system) and be sufficiently viable,
in order not to enter into prolonged crisis states that violate
functioning of other systems of society.
The political system exists in the political space of society,
which has a territorial dimension (delineated by the borders of the country) and
functional, determined by the scope of the political system and its
constituent parts at different levels of the political organization of society. IN
In this sense, the spaces of influence of certain associations will differ
(parties, public organizations), actions of political institutions (
authorities of the political center and local self-government), borders
political and economic management, spheres of political life
society and personal life of a person, etc. Defining the boundaries of various kinds
functional spaces of the political system - responsible and complex
political-legal and cultural process. It is formalized, legally
fixed (in the constitution, law), this fixation is one of
tasks of the democratic process, which determines the prerogatives of the authorities, parties,
governing bodies and other elements of the political system, as well as relations
between them, including such significant interactions as the harmonization
management and self-government, centralized
concentrated power and decentralized, etc.
The existence of a political system in time is characterized as
the process of change, development or degradation of political relations and
institutions. It includes the historical scale of the change in forms of power, the formation
state of some new type, for example, the transition from political
systems of feudal society (with relations of personal dependence,
despotic absolutism, the centralized bureaucracy of the monarchical
center) to the political system of bourgeois society (with an impersonal
system of administrative apparatuses, democratic institutions, etc.).
The historical process of the evolution of the political system includes a number of
regularities: tendencies of concentration and deconcentration of power, its
centralization and decentralization, the struggle of these trends, which ends
at the turn of the era when formations were changed by the crisis of centralism, decentralization
power and a new cycle of contradictions between these two principles (during the transition from
ancient empires to early feudal fragmentation, from feudal
monarchies to a bourgeois state, from imperialism end of the 19th
half of the 20th century to the progress of democratization), the general process of complication
system and its subsystems (the appearance and multiplication of parties, the development
associations, etc.), formalization of the system, its legal registration,
increased political participation, i.e. better inclusion of members
society into political life, in particular, the formation of democratic
institutions, general and direct elections, self-government, etc., a more complete
combination of civil and political relations, reorganization of relations
power and people (transition from command-order despotic and conflict
relations from top to bottom to contractual constitutional and consensual),
development of the constitutional process and the system of sovereignties (authorities,
people, law, state-territorial formations, etc.),
formation in the structure of the political system of mass processes (large
political mobilizations in support of social change or against
them, during periods of elections, etc.. The growth of administrative apparatuses, bodies
coercion, army, propaganda, educational, educational
institutions that carry out political socialization, etc.), development
associative forms of political life - the formation of various groups
like-minded people, unions, popular movements, etc.
The concept of the state.
The main elements of the state-va: territory, population, power.
The state is the main institution of the political system of society, created for
organization and management of the life of a certain population on a certain
territory with the help of public authority, which is binding on all its
State functions. Internal:
protection of the existing political system, socio-political structure of society, order and order,
protection of human rights;
household-org, general-ec;
social;
cultural and educational.
defense of the country;
protection of interests in the international arena.
Forms of government.
According to the forms of government, states are divided into:
monarchy (constitutional, absolute);
republics (parliamentary, presidential).
In accordance with the national-territorial organization of the state
subdivided into:
unitary;
federal;
confederation.
According to the political regime, the states are divided into:
democratic;
undemocratic.
New trends in the development of modern state-in.
the desire to create a truly democratic, legal state-va;
democratic limitation of state sovereignty, the cat is replacing
absolute sovereignty;
decentralization of state power;
integration of economic and political life on the one hand and the revival of national
movements and fragmentation of already existing state-in - on the other;
the desire to have their own ideology that unites society;
reducing the bureaucracy and reducing the cost of its
By the term "state" we designate a special type of social phenomena,
which are characterized by the following features: a) the attitude of power and
subordination; b) the monopoly use of violence by those who own
power; c) the presence of a legal order; d) relative constancy;
e) institutional dimension. Thus, the state is not
education, which is above society and independent of it, and
a certain type of legally regulated social behavior,
existing in specific spatio-temporal conditions. State
It is not a physical phenomenon that can be detected by the organs
feelings, but a social fact that presupposes a legally normalized
hierarchical interaction of its members. When we talk about the state, then
we mean certain relations between people, legally regulated
those authorized to do so.
The state is a collective phenomenon that exists in a particular
spatiotemporal context. Spatio-temporal character
state is conditioned by the fact that the legal order operates
in a specific area at a specific time. legal order
certain state is not valid forever and not in all states. His
applicability is narrowed to a given territory during a given period.
So, the state is a complex social phenomenon, a distinctive feature
which is the forced regulation of people's behavior through
regulatory standards.
The state is a political community, the constituent elements
which are territory, population and power. The territory is
spatial basis of the state. The physical basis is
one of the conditions that make the existence of the state possible. In the end
account without the territory of the state does not exist, although it can change
in time.
The territory of states includes land, subsoil, airspace and
territorial waters; it cannot be reduced to the so-called solid
earth. This means that the state supports in the listed environments
its sovereign power and has the right to protect them from external intrusion from
by other states and individuals.
The second constituent element of the state is the population, that is
human community living on its territory and subject to it
authorities. The people as a generic concept can be characterized as
a relatively broad social group whose members have a sense of
belonging to it due to the common features of culture and historical
consciousness. People belonging to any people have more or
less pronounced consciousness of entering into a community distinct from others.
National consciousness involves identifying oneself with common cultural
values, as well as the presence of emotional solidarity ties between persons
belonging to the same nation.
The population of the state may consist of one people or be
multinational. Even when the various national
groups existing on the territory of one state, is distributed by its
political power, relations between them are often tense, and in
special cases and conflict. In multinational states, internal
conflict can pose a threat to political stability because
separatist national movements arising in such cases
aspire to create an independent state. In some cases
separatist movements are waging armed struggle in the form of terrorist
activities for achieving national independence.
The third constituent element of the state is power, other
in other words, the relations of domination and subordination that exist between the political
elite and the rest of society.
Thus, the state is a political entity formed by
national or multi-national community, fixed on a certain
territories where the legal order established by the elite is maintained,
which monopolizes institutionalized power, having a legitimate
the right to use coercion.
The concept of power
Power is the relationship of domination and subordination that exists between
political elite and the rest of society.
The political elite forcibly imposes power, using for this purpose
legal rules. The coercive nature of legal norms affects
to the extent that their violation allows public authorities to apply
sanctions. Power is exercised through these norms. Legal regulations
set out exactly what to do, although this is never done in
to the fullest. To the extent that the majority of the population of a particular
states comply with these rules. So political power
is a regulator of the behavior of the population of a given state, since
norms determine his behavior.
For the state to exist, those who are dominated
must recognize the power of those who dominate at the moment. If to
power is disrespected, rulers rely on
institutionalized apparatuses of violence, can apply sanctions,
provided by the political system. The political elite is forced
use institutionalized violence on a permanent basis only in
exceptional cases, since it is sufficiently effective for
management of collective behavior by means of direct and indirect
beliefs. Institutionalized violence is the final argument
resorted to by the political elite when social habits
subordination and its sociological legitimation are weakened and there is
the possibility of overthrowing the elite.
The members of the elite change, but institutionalized power
state does not disappear from this, except in cases where these
changes are accompanied by the destruction of the state due to other reasons,
such as civil war or subjugation by another state.
The state is controlled by an elite, consisting of specific people, however
due to its institutionalization, it has a relative
stability, which, as a rule, goes beyond the lives of individuals
and acquires a historical dimension.
State power exercised by the political elite has two
functions: intermediary and management function.
The elite is also responsible for resolving external conflicts, for
regulation of relations with foreign countries, for organizing
national defense and diplomatic relations. Skill
elites to direct national defense, regulate international
relationship is so important that it can strengthen or lose its
power depending on success or failure in this matter. Political
sovereignty of their state in the world community.
So, in fulfilling their mediating function, the political elite
regulates potential and real conflicts both within the state and
The political elite performs the function of governing the state, regulating
the course of public affairs in general. For this, special bodies are created and
norms are formed to regulate the development of society. To tasks
elite includes not only ensuring the preservation and reproduction
the existing social order, but also the control exercised with
more or less efficiency and impartiality, for the implementation
certain types of activities necessary for society as a whole. IN
any society has problems related to the economy, defense,
judiciary, control over natural resources, public health,
provision of food, education, communications, etc.;
political elites are trying to mitigate them and, if possible, resolve them. Prestige
elite is closely related to the success or failure of these attempts. Therefore, in
What matters to political life is not what the elite says about their actions, but what
what she actually does. Between the goals that it claims or that
really sets itself the elite, and their implementation in the political
life usually lies a lot of obstacles. In doing so, there may be
the following types of situations: full achievement of the set goals, their partial
achievement, their non-achievement, and, finally, the appearance of unforeseen and
unwanted consequences.
Types of power
Each state has its own political regime. Political regime
means a set of techniques, methods, forms, methods of implementation
political state power in society, characterizes the degree
political freedom, the legal status of the individual in society and a certain
the type of political system that exists in the country.
Mode - management, a set of means and methods of implementation
economic and political power of the ruling class.
In the modern world, we can talk about 140-160 regimes that
differ slightly from each other.
The ancient philosopher Aristotle gives two criteria by which one can
classification:
1) by the one in whose hands the power;
2) by how this power is used.
“Correct” forms of state: monarchy (power of one person),
aristocracy (power in the hands of a few “best”), polity (power
most of the average people in terms of property).
The “wrong” forms of state are those in which the people in power
act in their own interests, not caring about the welfare of society. TO
“wrong” forms include: tyranny (power in the hands of a tyrant), oligarchy
(the ruling minority in power) and democracy (the control of society
(majority) over power)).
Democracy was understood as a form of state in which power
belongs to all or the majority of free citizens subject to the law.
This idea of democracy persisted until the end of 1868.
year, and since the Great
French Revolution, the concept of democracy began to apply not to forms,
but to the principles of the political structure of the state. There are two main
democratic principles: freedom and equality.
One of the fairly simple, widespread, classifications
political regimes - dividing them into totalitarian, authoritarian and
democratic. Typology of political regimes:
a) democratic political regime;
b) liberal political regime;
d) a totalitarian political regime.
Politics
Politics is a field of activity related to the relationship between social
groups, the core of which is the problem of conquest, retention and
use of state power.
Any problem acquires a political character if its solution
associated with class interests, the problem of power. Politics has
a large degree of independence and has a strong impact on the economy
and other spheres of society.
Political activity is one of the forms of social activity. But
it is a special, specific field of activity. She represents
a set of actions of public groups and individuals, as well as parties
for the realization of their political interests, and above all about
conquest, use and retention of power.
Forms of political activity within political parties are different:
Disputes, disputes, a wide exchange of opinions both in the audience and in the media
mass media; The purpose of the dialogue is to clarify points of view, achieve
agreement on the issues under discussion, and most importantly, the implementation of the agreed
actions.
Political activity, like any other, is divided into
theoretical and practical.
Theoretical activities are characterized by the following types: cognitive,
prognostic, value-oriented.
For practical activities: a wide range of types, depending on
particular sphere of political life where political
actions: these are foreign policy and international relations, development and
implementation of the internal policy of the state, participation in the life of parties, military
politics, etc.
Politics and law
The legal status of an individual is determined by the totality of human rights and
citizen, reflected in the norms of all branches of the law in force.
The basics of the legal status of the individual cover constitutionally
enshrined rights and freedoms. The concept of fundamental human rights and freedoms
citizen can be formulated as follows: Constitutional
(fundamental) rights and freedoms that belong to him from birth (in due
cases by virtue of his citizenship), protected by the state, constituting
the core of the legal status of the individual:
Enumeration in the Constitution of the Russian Federation of fundamental rights and freedoms
should not be construed as a denial or derogation of other generally recognized rights
and freedoms of man and citizen. This is stated in Article 55 Part 2 of the Constitution
R.F. Chapter 2 of the Constitution of the Russian Federation, dedicated to human rights and freedoms and
citizen, includes 48 articles (from 17 to 64).
For the first time, the scientific classification of these powers was carried out by M.P. Kareva
Taking as a basis the most important spheres of human activity. Her
the classification included the following components: a) socio-economic
the rights; b) equality of citizens; c) democratic freedoms. Further
state-legal science, using classification bases,
proposed by M.P. Kareva, developed a system of fundamental rights and freedoms, where
1) socio-economic rights and freedoms of citizens;
2) political rights and freedoms of citizens;
3) personal rights and freedoms of citizens.
This problem is studied in most detail by L.D. Voevodin. author
successfully combined the name of the elements of the system of constitutional rights and
duties with the basis of the above classification. The scientist singled out
the following groups of fundamental rights, freedoms and duties:
1) the rights and obligations of citizens in the sphere of socio-economic and
cultural life;
2) the rights and obligations of citizens in the sphere of state and public
political life;
3) the rights and obligations of citizens in the sphere of individual freedom.
However, the system of fundamental rights and freedoms is characterized not only by their
grouping, but also the priorities that the Constitution adheres to in their
sequential location.
Administrative law
Management of society, ensuring public discipline and law and order
is carried out with the help of active methods of purposeful influence on
consciousness and behavior of people, as these methods are such
methods of state and public activity, as persuasion and
compulsion. Persuasion and coercion as methods of the state
management, social phenomena, as they find their manifestation in
“Coercion exists in every human community and is
necessary element of any social organization. In a pre-class society
society - on the power of the state. Consequently, coercion by the closest
way connected with state power and determines the quality of this
authorities".
The decisive role in the fight against offenses belongs to the state. It
has a special apparatus of coercion. The legal regulations determine what
state bodies can apply the method of coercion "(grounds
coercion), types and sizes of coercive means (sanctions) and the procedure for their
application." State coercion, "mediated in law,
acts in the form of legal coercion and, as a rule, is expressed in
specific coercive measures applied by authorized
then state bodies (officials) in connection with non-fulfillment
legal regulations." In law, there are 4 types of measures of legal (legal)
coercion:
Disciplinary, Material (civil law), Criminal,
Administrative.
Administrative coercion is a special, independent
kind of legal coercion. “Administrative coercion plays
important role in law enforcement, includes a large number of means
suppression (detention of citizens, prohibition of operation of mechanisms, etc.),
use stops antisocial acts, prevents
the onset of socially harmful consequences. Application of administrative
coercion is due to: firstly, the need for statutory
cases to punish offenders, secondly, the need to suppress and, secondly,
third, to prevent crime. "Administrative offense
(misdemeanor) is a negative social and legal phenomenon, since it does not
damage to protected norms of administrative law... public and private
interests (goods). Because of this, society (the state) is forced to
combating them by establishing appropriate legal prohibitions.”
Therefore, the purpose of applying measures of administrative coercion is "protection
legally protected public relations.
Measures of administrative coercion can be applied both, if available,
and in the absence of offenses (for example, in case of emergency
circumstances, if necessary, to prevent the commission of an offense).
There is also a different opinion in the literature. So, D.N. Bahrach believes that
“administrative coercion is a special kind of state
coercion, consisting in the use by subjects of functional power,
coercive measures established by the norms of administrative law in connection with
administrative offences." D.N. Bahrakh notes that "any
coercive measure should be considered as permitted as an exception
violation of the inviolability of the person and his rights. ... a measure of coercion
there can only be an individual act that has a specific addressee.
“Administrative coercion applies only to offenders in
cases and in the manner prescribed by law. He points out that "just like
all means of state coercion, administrative measures
applied in connection with offences. But they apply in connection with
the presence of a special reason - an administrative offense. Insofar as
misdemeanors are less harmful than the crimes of that measure of administrative
coercion is generally less severe than criminal punishment.”
Sevryugin V.E. notes that “administrative coercion is
a kind of legal (legal) coercion and consists in the application
authorized administrative and jurisdictional bodies
(officials), people's courts (judges) established by the norms
administrative law enforcement measures against offenders
due to non-compliance with legal regulations.” Administrative coercion
has its own individual characteristics. Sevryugin V.E. Highlights the following
characteristic features of administrative coercion:
"one. The basis for the application of measures of administrative coercion is
administrative offense, and in cases expressly provided for
legislation - a crime that does not represent a large public
danger.
2. Measures of administrative coercion are applied to persons and bodies, in
in respect of which the subject of administrative power is not superior in
order of subordination and does not have administrative authority over them.
3. The subject of administrative power and the violator are not members
one team and the latter is not directly subordinated to those
who applies measures of administrative coercion to him.
4. Administrative coercion is carried out by state bodies
administration and only in some special cases by the people's courts
(judges), bodies of public organizations (comrades' courts,
technical and legal inspectors of trade unions, etc.), but in order,
established by the rules of administrative law.
5. Are the result of the implementation of state power and
consists in compelling citizens and officials to perform
legal obligations established by law.
6. It is used to stop illegal actions, punishment
administrative offenders, ensuring public
security and established law and order.
7. It is carried out within the framework of administrative procedural norms.
8. Promotes crime prevention.
9. Carried out on a strictly legal basis.”
As already noted, the right to apply administrative-coercive measures
not all, but only specially authorized bodies use
government controlled. This makes it easier to control and supervise the application.
coercive measures. Arbitrary Assignment of Entitlement by Application
administrative coercion is a gross violation of the law.
Measures of administrative coercion have a preventive
orientation, are a means of preventing crime, since
apply to persons who do not have well-established antisocial attitudes,
making minor deviations from legal requirements. Exactly this
and causes the multiplicity and multiplicity of applied by various
subjects the right to use administrative and legal means of influence.
Administrative coercion is a broad concept, the forms of its specific
expressions are very diverse, which is due to the variety of tasks
government bodies and the environment in which they operate.
Administrative coercion serves the purpose of ensuring the state
discipline, law and order.
Measures of administrative penalty are a type of legal
(administrative) liability, is applied for the commission of certain
offenses. “Administrative penalty is a measure of responsibility
and is used for the purpose of educating a person who has committed an administrative
offense, in the spirit of ... hostel, as well as warnings of new
offenses both by the offender himself and by other persons.
Administrative penalty occupies a special place in the system of measures
administrative coercion. Their feature is as follows:
“- they are of a pronounced sanctions nature, which is how they differ from
other types of measures of administrative coercion, which this quality does not
possess;
The educational impact of their use is the highest,
because it is achieved in a simple, fast and visual way;
Penalties can be applied not only by state authorities
management, but also other subjects of law enforcement;
All administrative penalties are imposed on the basis of a special
individual act of management - resolutions or decisions;
The imposition of administrative penalties is carried out by authorized
for that by the police in a certain procedural order, in which
taking into account the nature of the offense committed, the identity of the offender,
the degree of his guilt, property status, circumstances mitigating and
aggravating liability;
They are an effective means of implementing the institution of responsibility
(which is understood as the obligation of a citizen or official to give
report on your misconduct in public administration and
be punished by an administrative penalty.
“The system of administrative penalties is understood as a list of various
according to the severity and legal consequences of the types of punishments.
Currently, the following administrative and penal
facilities:
« 1. Measures of moral influence. They are associated with minor
misdemeanors usually committed by people accidentally and without any
persistent antisocial attitudes. These include a warning and
public censure.
2. Measures of personal influence. They consist in limiting subjective
rights and the investment of certain sufferings on the violator.
In accordance with Art. 24 of the Code of Administrative Offenses of the Russian Federation distinguish the following types
administrative penalties:
Warning (Art. 26);
Fine (art. 27);
Compensatory seizure of an object that was an instrument for committing or
the direct object of an administrative offense (Article 28);
Confiscation of an object that was an instrument for committing or
the direct object of an administrative offense (Article 29);
Deprivation of a special right granted to a given citizen
(rights to drive vehicles, hunting rights (art. 30);
Correctional labor (art. 31);
Administrative arrest (art. 32);
Expulsion from the Russian Federation of foreign citizens and stateless persons
for committing administrative offenses (art.).
So, an administrative penalty is “a measure of punishment applied
authorized state bodies (officials), and
cases provided for by law - by people's courts (people's judges), and
as well as public organizations and their legal representatives to persons
guilty of committing an administrative offense."
Constitutional state
The rule of law is a term that has appeared in our country quite
recently. There is nothing surprising in this. its meaning is that
the state must obey the law, which in fact means the predominance
universal human values over class values. And in the state of the "victorious
proletariat" creators, founders and ideologists of which determined the law
as a secondary phenomenon in relation to the state, as elevated to the law
the will of the ruling class - the proletariat to suppress resistance
bourgeoisie, this was out of the question. After the victory of the revolution, it was believed
Marx, Engels, Lenin right, as a typical product of bourgeois society,
will gradually die off. The concept of the dictatorship of the proletariat
the rule of the proletariat over
bourgeoisie.
However, already in the first post-October days and weeks, Lenin began to talk about
the need to comply with the law. Another thing is that it was already so
called socialist legality, which supposedly embodied
the will of the working class, of all working people, of the entire people, but in fact expressed
interests of the party-state leadership. The established social
the economic and political situation in the country led the leadership to
the need to create certain legal guarantees for citizens in their
relationships with each other and with authorities and management in order to
"Pravda" against open and unrelated terror. He approved
decision of the All-Russian Central Executive Committee on the abolition of order No. 1 M.A. Muravyov (commander-in-chief
for the Defense of Petrograd), providing for reprisals without trial. In 1918
The first Soviet constitution was adopted. In the early 20s they begin
act the first codes of laws. The role of the judiciary and advocacy is increasing,
narrowing the scope of state coercion. The principle of uniform legality was
declared to be fundamental. But already from the end of the 20s, the refusal began
from the scientific theory of the Leninist course of building socialism, a departure
which is essentially counter-revolutionary.
The practical implementation of this counter-revolutionary policy was carried out by
Stalin. Those deformations of socialism, which are associated with his name, reduced to
there is no basis for a socialist legal state, erected
V.I. Lenin.
The return to the idea of a rule of law occurred after the XX Party Congress,
when a fundamental break with the lawlessness of Stalinism took place, the
socialist legality, a wide rehabilitation of innocent
convicts, bodies of extrajudicial repression were abolished,
essentially simplified, inquisitorial, procedure for considering cases about, so
so-called counter-revolutionary actions. New opportunities have been opened
in Soviet state-legal construction. But the implementation of these
opportunities were hindered by the situation and conditions of the time of stagnation, when
the former political system of governing society more and more revealed
its inconsistency and unsuitability, and a new one was not created.
Back in the 70s, in our legal science and literature,
discussed, albeit very timidly, the problem of the Soviet legal state
as a direction of development and legal registration of the nationwide state.
The development of this theme in the conditions of perestroika received not only
theoretical, but also practical significance, especially after the decisions of Х1Х
Conference of the CPSU On the formation of a socialist state.
Forgotten, the former, it seemed, unshakable attitudes about the priority of the state
in the political sphere, about the inadmissibility of putting law over the state.
It became obvious that our society would not put an end to the horrors of Stalin's
totalitarianism, if it does not follow the path of recreating a just
civil society and the realization of its values.
The adoption by our society of the formula of the rule of law means
a revolution in the idea of the relationship between state and law. Legal
the state presupposes, first of all, the rule of law over
state. In addition, the rule of law in all areas
public life, separation of powers, pluralism of opinions, publicity,
high role of the court (including the constitutional one), mutual responsibility
citizen and state.
Only in the presence and wide development of all the above signs, it is possible
speak with confidence about the creation of the rule of law.
The rule of law involves a combination of two aspects:
1. institutional and legal (in the form of a legal organization of the system
government)
2. normative-legal (in the form of the rule of law)
At the same time, it is necessary to take into account the fact that the legality and legal
organization must be such not only in name, but also in
R.Z. Livshits as “normatively fixed and realized justice”.
Otherwise, law and legality may degenerate into auxiliary means.
organization, maintenance and justification of anti-legal orders.
The relationship between law and the state is very complex. On the one side,
the main way of objectification of law passes through the law - the state
Act. At the same time, the state, through the system of bodies - the judiciary,
investigative and other - ensures the actual implementation of legal
establishments. Moreover, it is clear that in this way the state strives
to realize their will, political interests, which have a class
that the first as an original phenomenon, characterized by significant social
strength and independent value, acquires its properties of a special
institutional formation through state-legal acts, i.e.
what is called a source of law or a form of law.
The fact that law exists and develops in a certain confrontation
with the state, with sufficient completeness and clarity, reveals itself when
democratic decision. Law as a phenomenon of civilization and culture
is formed and improved insofar as it is in accordance with
principles of democracy limits state power, establishes
for the activities of state bodies consistently permissive
order, streamlines this power through the worked out procedural and
procedural forms.
Labor Law (Labor Code of November 24, 1996)
Article 1. Tasks of the Labor Code of the Russian Federation
The Labor Code of the Russian Federation regulates labor
relations of all employees, contributing to the growth of labor productivity,
improving the quality of work, increasing the efficiency of public
production and the rise on this basis of the material and cultural level
life of workers, strengthening labor discipline and gradually transforming
labor for the benefit of society in the first vital need of everyone
able-bodied person. Labor Code of the Russian Federation
establishes a high level of working conditions, all-round protection of labor rights
workers
Article 2. Basic labor rights and obligations of employees
In accordance with the Constitution of the Russian Federation - Russia, everyone has
the right to work which he freely chooses or to which he freely
agrees, the right to dispose of their abilities to work, to choose
profession and occupation, as well as the right to protection against unemployment.
Forced labor is prohibited. Every employee has the right:
To working conditions that meet the requirements of safety and hygiene;
For compensation for damage caused by damage to health in connection with
To equal pay for equal work without any
discrimination and not below the minimum amount established by law;
For rest provided by the establishment of a maximum duration
working hours, shortened working hours for a number of professions and jobs,
provision of weekly days off, public holidays, and
paid annual leave;
To join trade unions;
For social security by age, incapacity for work and in
other cases established by law;
For judicial protection of their labor rights.
The employee is obliged to: conscientiously fulfill his labor duties;
observe labor discipline; take care of company property
institutions, organizations; comply with established labor standards.
Article 4. Labor legislation Legislation of the Russian Federation
on labor consists of this Code and other acts of the labor
legislation of the Russian Federation and the republics within the Russian
Federation. On the territory of the Russian Federation until the adoption of the relevant
legislative acts, the norms of the former USSR are applied in part, not
contrary to the Constitution and legislation of the Russian Federation, as well as
international agreements (contracts) with the participation of the Russian Federation.
Article 5. Invalidity of the terms of labor contracts that worsen
the situation of workers / Conditions of employment contracts that worsen the situation
workers in comparison with labor legislation are
invalid. Administration of an enterprise, institution, organization
together with the council of the labor collective and the relevant elected
the trade union body has the right to establish at its own expense
additional in comparison with the legislation labor and social
household benefits for employees of the team or individual categories
workers.
Criminal law
The presence of elements of a crime in the actions of a person does not mean that
that this person must in all cases be held criminally liable with
application of punishment. If the act or the person who committed it,
lose for some reason social danger by the time
investigation or trial, or the danger of a guilty person
turns out to be insignificant and he can be re-educated without the use of measures
criminal punishment, Russian criminal law allows for the possibility of
in accordance with the procedure established by law, to release a person or from criminal
responsibility or punishment. It is also possible to
exemption from serving certain types of punishment, if until full
after serving the sentence imposed by the court, the person will prove his correction.
If we consider all the legal grounds for exemption from
criminal liability and punishment by stages, then you can
classify in the following order:
1. A person is completely released from criminal liability until
bringing in as a defendant.
In this case, the perpetrator practically does not bear any negative
consequences of his crime.
This item may include not the initiation or termination of criminal
cases due to the expiration of the statute of limitations, as a result of the act of amnesty, in view of
pardons of individuals, for the use of the victim and the accused, or for
the absence of a complaint from the victim.
2. A person is involved as an accused, but before being convicted by a court
exempt from criminal liability.
There are some negative consequences for the guilty person here, but
terminate before conviction.
This is the expiration of prescription (Article 48), as a result of an act of amnesty, from the fall
public danger of an act or person due to a change in the situation
(Article 50), transfer of a case to a comrades' court (Article 512), transfer of a person on bail
(art. 52), referral of a juvenile case to the Commission on
minors (art. 10).
3. A person is convicted, convicted, but without an appointment
punishment.
In this case, we mean Article 50 Part 2 - falling away of public
face danger.
4. The person is convicted, a guilty verdict is issued with the appointment
punishment, but with a delay in its execution (Article 46).
5. A person is convicted, a guilty verdict is issued with an appointment
punishment, but with release from serving it.
judicial trial; amnesty if the fact that the acts fall
under amnesty, is found in the stage of trial.
Constitutional law
Constitutional (state) law in jurisprudence is considered in
three aspects: as a branch of the law of specific states, as a science and as
academic discipline in the system of higher legal education. Terms
"constitutional law" and "public law" are often considered
synonyms. Indeed, taking a formal approach, it is not difficult to find that the circle
regulated by the relevant branch of law of public relations in
countries where one or the other of these terms is used, approximately
the same. The choice of the term is usually dictated by national tradition.
word usage. Thus, the Anglo-Saxon and Romanesque legal systems
traditionally use the term "constitutional law", while for
The German system is characterized by the use of the term "public law".
On closer examination, however, it can be seen that
the difference in terminology reflects (not always, but often enough) the essential
difference between the respective concepts. So in the UK, USA,
France, by the beginning or at the beginning of the 19th century, a constitutional system was established,
minimum features of which are the judicial protection of human rights and
separation of powers. In Germany, this happened later. It is noteworthy that
now the term "constitutional law" has begun to be used in Germany as well.
However, to designate an academic discipline in German law schools
the term “public law” is often used, which covers and
administrative law, and judicial law, and some other branches of law.
State law is considered as a fundamental part of public
Independence of constitutional law in the legal system of any country
primarily due to its special subject of regulation.
Constitutional law regulates social relations that form
the basis of the entire structure of society and the state and are directly related to
exercise of state power. It is a relationship between a person
society and the state and the fundamental relationships that determine
structure of the state and its functioning.
An additional basis for delimiting constitutional law from others
branches of law is a method of legal regulation, that is, a set
techniques and methods of legal influence on social relations.
The predominant form of constitutional and legal regulation of public
relations is the binding method. It is in this form that
most of the norms of constitutional law relating to the organization of power:
“All bodies and state enterprises are obliged to provide deputies
necessary assistance in the performance of their duties” (art. 8.5
Constitution of the Republic of Cuba of 1976); "The government should get
confidence of the chambers” (Article 94 of the Italian Constitution of 1947).
Along with this, in constitutional law one can often find prohibiting
norms: “Discrimination based on race, color, sex and national
origin is prohibited and punishable by law” (Article 41 of the Constitution of the Republic
Cuba); "Every imperative mandate
is invalid” (Article 27 of the Constitution of the French Republic
Constitutional law also knows the method of permission applied according to
advantage to the regulation of human status and
citizen, which is natural in itself, but also sometimes
determining the powers of state bodies.
In general, the constitutional and legal method of regulating public
relations is based on imperious-imperative principles. This is explained
the nature of those social relations that fall under the influence of norms
constitutional law. Power relations determine the content of significant
parts, if not most, of these rules. At the same time, a large part of them
democratic states establishes the content and guarantees of the rights
person, which means appropriate restrictions for the state
contradictions, the struggle of classes and other social groups for their interests.
In a democratic state, constitutional law inevitably represents
is an expression of social compromise. As for the form of certain
constitutional and legal institutions, it is often the fruit of
subjective choice of the ruling forces in the country. If, for example, the presence of
parliament of one or two chambers most often depends on the positions
interested political forces, especially political parties, then
the number of deputies, say, in the House of National Representation
often determined simply by the preference of the immediate compilers
constitutional text, which may have nothing to do with their political
party affiliation.
Constitutional law is a system of legal norms of a particular country,
regulating the position of a person in society and the state, the foundations
social system, the basis of the organization and operation of the system
government bodies, as well as self-government bodies.
This is the most general definition covering the most essential objects.
regulation. Naturally, it ignores some of the more
private objects, such as state symbols.
In the literature, one can often find a more concise definition, given
usually Soviet state law. Said it was an industry
law that regulates social relations related to
exercise of state power. Constitutional law is
a complex system that includes many interacting parts and
elements that characterize its internal structure and separate it.
The main parts and elements of the system of constitutional law are its general
principles, its institutions and norms.
Democracy
Democracy - (from the ancient Greek DEMOS - people and CRUTOS - power)
Democracy is one of the main forms of organization of any organization,
based on the equal participation of its members in the management and adoption of
majority decisions; ideal of social organization: freedom,
equality, respect for human dignity, solidarity, etc.;
social and political movement for democracy. Since
the emergence of democracy is associated with the state, and therefore with coercion, and
at best is the power of the majority over the minority, and most often
form of government of a well-organized privileged minority, in
more or less controlled by the people.
Democratic regime - characterized by a high degree of political
human freedom, the real exercise of his rights, allowing him
to influence the public administration of society. Political
the elite, as a rule, is rather narrow, but it relies on a broad social
Characteristic features of a democratic regime:
1) Sovereignty of the people: it is the people who choose their representatives
authorities and may change them from time to time. Elections must be fair
competitive, regularly held. Under "competitive"
refers to the existence of various groups or individuals, free
submit your candidacy. Elections will not be competitive if
some groups (or individuals) have the opportunity to participate, and
others are deprived of it. Elections are considered fair if there are no frauds and
there is a special fair game mechanism. Elections are dishonest
if the bureaucratic machine belongs to one party, even if this
the party is tolerant of other parties during elections.
By exploiting the media monopoly held by
the power of the party can influence public opinion to such an extent that
that elections can no longer be called fair.
2) Periodic election of the main bodies of the state. Government
is born out of elections and for a definite, limited period. For
development of democracy, it is not enough to hold regular elections,
it must be based on an elected government. IN
Latin America, for example, elections are frequent, but many
Latin American countries are outside of democracy, tk. most
a common way to remove a president is a military coup, and
not elections. Therefore, a necessary condition for a democratic state
The persons exercising supreme power are elected, and
elected for a definite, limited term, change of government
should take place as a result of elections, and not at the will of some
general.
3) Democracy protects the rights of individuals and minorities. Opinion
majority, democratically expressed in elections, is only
a necessary condition for democracy, however, is by no means insufficient.
Only a combination of majority rule and protection of the rights of the minority
constitute one of the basic principles of a democratic state.
If, however, discriminatory measures are applied against a minority,
regime becomes undemocratic, regardless of the frequency and
honesty of elections and change of legally elected government.
4) Equality of the rights of citizens to participate in government: freedom
creation of political parties and other associations to express
of one's will, freedom of opinion, the right to information and to participate in
competition for leadership positions in the state.
Depending on how the people participate in governance, who and how
directly performs power functions, democracy is divided into direct,
plebiscitary and representative.
In a direct democracy, all citizens themselves participate directly in
preparation, discussion and decision-making. Such a system may have
practical sense only with a relatively small number of people, for example,
in community or tribal councils or in local trade union bodies, where everyone
members can gather in the same room to discuss issues and adopt
decisions by consensus or majority vote. The first democracy in the world
in ancient Athens carried out direct democracy through meetings, in
which involved 5-6 thousand people.
An important channel for the participation of citizens in the exercise of power is
plebiscite democracy. The difference between it and direct democracy is
that direct democracy implies the participation of citizens in all major
stages of the process of ruling (in preparation, making political decisions
and in monitoring their implementation), and in a plebiscite democracy
the possibilities of political influence of citizens are relatively limited,
such as referenda. Citizens through voting are given
approve or reject this or that draft law or other decision,
which is usually prepared by the president, government, party or
initiative group. Opportunities for participation of the general population in
preparation of such projects are very small.
The third, most common in modern society, form
political participation is representative democracy. Its essence is
citizens elect their representatives to the authorities, who are called
express their interests in political decision-making, in the adoption of laws and
implementation of social and other programs. Election procedures can
be the most diverse, but whatever they are, elected persons in
representative democracy hold office in the name of the people and
accountable to the people for all their actions.
Democracies are different, but they all have something in common.
unifying features:
1. Democracy - i.e. recognition of the people as a source of power, sovereign (from
French SOUVERAIN - the bearer of supreme power in the state);
2. Government is based on the consent of the governed;
3. Guarantees of fundamental human rights;
4. Free and fair elections;
5. Equality before the law;
6. Fair trial;
7. Constitutional limitation of the government;
8. Social, economic, ideological and political pluralism;
9. Values of cooperation and compromise.
Powers of the President of the Russian Federation (From the Constitution of the Russian Federation of 12.12.93)
1. The President of the Russian Federation is the head of state.
2. The President of the Russian Federation is the guarantor of the Constitution
Russian Federation, rights and freedoms of man and citizen. In established
According to the Constitution of the Russian Federation, he takes measures to protect
sovereignty of the Russian Federation, its independence and state
integrity, ensures coordinated functioning and interaction
public authorities.
3. President of the Russian Federation in accordance with the Constitution
Russian Federation and federal laws
determines the main directions of domestic and foreign policy
states.
4. The President of the Russian Federation, as head of state, represents
Russian Federation within the country and in
international relations.
1. The President of the Russian Federation is elected for four years by citizens
Russian Federation on the basis of universal, equal and direct suffrage
2. A citizen may be elected President of the Russian Federation
Russian Federation not younger than 35 years old, permanently
living in the Russian Federation for at least 10 years.
3. The same person cannot hold the office of the President of the Russian
Federation for more than two terms in a row.
4. The procedure for the election of the President of the Russian Federation is determined
federal law.
1. Upon taking office, the President of the Russian Federation brings
people the following oath:
“I swear when exercising the powers of the President of the Russian Federation
respect and protect the rights and freedoms of man and citizen, observe and
to defend the Constitution of the Russian Federation, to defend the sovereignty and
independence, security and integrity of the state, faithfully serve
2. The oath is taken in a solemn atmosphere in the presence of members
Federation Council, deputies of the State Duma and judges of the Constitutional
Courts of the Russian Federation.
a) appoints, with the consent of the State Duma, the Chairman of the Government
Russian Federation;
b) has the right to chair meetings of the Government
Russian Federation;
c) decide on the resignation of the Government of the Russian Federation;
d) submit to the State Duma a candidate for appointment to
position of the Chairman of the Central Bank
Russian Federation; puts before the State Duma the question of
dismissal of the Chairman of the Central Bank of the Russian
Federations;
e) at the suggestion of the Chairman of the Government of the Russian Federation
appoints and dismisses Vice Presidents
Government of the Russian Federation, federal ministers;
f) submit to the Federation Council candidates for appointment to positions
judges of the Constitutional Court of the Russian
Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration
of the Court of the Russian Federation, as well as the candidacy of the Prosecutor General
Russian Federation; submits to the Federation Council a proposal to release
from the office of the Prosecutor General of the Russian Federation; appoints judges
other federal courts;
g) forms and heads the Security Council of the Russian Federation,
whose status is determined by federal law; h) approves the military
doctrine of the Russian Federation;
i) forms the Administration of the President of the Russian Federation;
j) appoints and dismisses plenipotentiaries of the President
Russian Federation;
k) appoints and dismisses the high command of the Armed Forces
Russian Federation;
l) appoints and dismisses after consultations with the relevant committees
or commissions of the chambers of the Federal Assembly of diplomatic representatives
Russian Federation in foreign states and international
organizations.
President of Russian Federation:
a) call the elections of the State Duma in accordance with the Constitution
Russian Federation and federal law;
b) dissolve the State Duma in the cases and in the manner provided for
the Constitution of the Russian Federation;
c) call a referendum in accordance with the procedure established by the federal
constitutional law; d) submit bills to the State Duma;
e) signs and promulgates federal laws;
f) addresses the Federal Assembly with annual messages about
situation in the country, on the main directions of domestic and foreign policy
states.
1. The President of the Russian Federation may use conciliatory
procedures for resolving disputes between
public authorities of the Russian Federation and bodies
state authorities of the constituent entities of the Russian Federation, as well as between
state authorities of the constituent entities of the Russian Federation. When
failure to reach an agreed decision, he may refer the dispute to
review by the relevant court.
2. The President of the Russian Federation has the right to suspend the operation of acts
executive authorities of the constituent entities of the Russian Federation in the event of
contradictions between these acts of the Constitution of the Russian Federation and federal
laws, international obligations of the Russian Federation or violations
rights and freedoms of man and citizen until the solution of this issue
by the relevant court.
President of Russian Federation:
a) directs the foreign policy of the Russian Federation;
b) negotiates and signs international treaties of the Russian
Federations;
c) signs the instruments of ratification;
d) accepts letters of credence and revocable letters accredited to him
diplomatic representatives.
1. The President of the Russian Federation is the Supreme Commander
Armed Forces of the Russian Federation.
2. In case of aggression against the Russian Federation or direct
threats of aggression The President of the Russian Federation introduces on the territory
the Russian Federation or in some of its areas, martial law with
3. The regime of martial law is determined by the federal constitutional
The President of the Russian Federation under the circumstances and in the manner
provided for by federal constitutional law, introduces on the territory
the Russian Federation or in some of its areas, a state of emergency with
immediately reporting this to the Federation Council and the State
President of Russian Federation:
a) solves the issues of citizenship of the Russian Federation and granting
political asylum;
b) awards state awards of the Russian Federation,
assigns honorary titles of the Russian Federation, higher military and higher
special ranks;
c) grants pardon.
1. The President of the Russian Federation issues decrees and orders.
2. Decrees and orders of the President of the Russian Federation are obligatory for
execution throughout the territory of the Russian
Federation.
3. Decrees and orders of the President of the Russian Federation must not
contradict the Constitution of the Russian Federation and federal laws.
The President of the Russian Federation enjoys immunity.
1. The President of the Russian Federation begins to exercise his powers with
from the moment of taking the oath by him and terminates their execution with the expiration of the term
his tenure in office from the moment of taking the oath by the newly elected
2. The President of the Russian Federation terminates the exercise of powers
ahead of schedule in case of his resignation, permanent
inability for health reasons to exercise his
authority or dismissal. At the same time, the elections
of the President of the Russian Federation must be held no later than three
months from the date of early termination of the exercise of powers.
3. In all cases when the President of the Russian Federation is unable to
perform their duties, their temporarily
performed by the Chairman of the Government of the Russian Federation. Performing
duties of the President of the Russian Federation has no right to dissolve
State Duma, call a referendum, and also make proposals on
amendments and revision of the provisions of the Constitution of the Russian Federation.
1. The President of the Russian Federation may be removed from office
by the Federation Council only on the basis of the
by the State Duma charges of high treason or committing
other grave crime, confirmed by the conclusion of the Supreme Court
of the Russian Federation on the presence in the actions of the President of the Russian Federation
signs of a crime and the conclusion of the Constitutional Court of the Russian
Federation on compliance with the established procedure for bringing charges.
2. The decision of the State Duma to bring charges and the decision of the Council
Federation on the removal of the President from office
chambers on the initiative of at least one third of the deputies of the State Duma and
if there is a conclusion of a special commission formed by the State
3. Decision of the Federation Council on the dismissal of the President of the Russian Federation
from office must be accepted no later than
within three months after the State Duma charges
against the President. If within this period the decision of the Federation Council is not
accepted, the charge against the President is dismissed
Political parties
An integral part of the political system of the modern democratic
societies are political parties.
Etymologically, “party” means “part”, “separateness”, element
political system.
PARTY is a political public organization that
fights for power or for participation in the exercise of power. Rivalry
political groups united around powerful families or
popular leaders, for many centuries has been a characteristic,
essential feature of political history. But such organizations
which we call political parties, arose in Europe and in the USA in
early nineteenth century
There are many approaches to defining the essence of political
1) understanding of the party as a group of people who adhere to one ideological
doctrines (B. Constant).
2) interpretation of a political party as a spokesman for the interests of certain
classes (Marxism).
3) institutional understanding of a political party as an organization,
operating in the state system (M. Duverger).
Other approaches to defining parties:
the party is the bearer of ideology;
a party is a long association of people;
the purpose of the party is the conquest and exercise of power;
The party seeks to enlist the support of the people.
The boundaries between parties and other political associations are
indistinct character and are often erased.
The formation of parties was quite lengthy and complex.
process. Initially, the parties were active only during periods
election campaigns, they did not have permanent local
organizations, did not hold regular congresses or conferences, their
supporters were not bound by party discipline.
The first mass and permanent party was the Liberal Party
in England (since 1861). Reasons for the emergence of mass political parties
promoted the spread of universal suffrage.
Each party was created to protect the interests of certain
population (usually economic or national).
Parties, as a rule, are not homogeneous and have factions within them -
groups putting forward programs somewhat different from the general, main
party programs. The existence of various factions in the party makes it
policy more flexible because it helps it to maintain its
influence among different groups of voters.
Party policy is developed in the course of intra-party political
struggle between different factions and currents. Governing Bodies
many parties are formed on the basis of representation from
various factions. Party programs usually emphasize their
intention to serve the interests of certain social groups, the majority
citizens of the whole country. In practical politics, the parties strive to take into account
win democratic elections.
According to the nature of the doctrines, the parties are divided into:
revolutionary;
reformist;
conservative;
reactionary.
According to the place and role of parties in the political system, they are divided into:
state (party ideology becomes state, the party
forms the state management system);
political regime and enjoying its support);
parliamentary (operating in competitive political systems).
There is a classification of parties according to the criterion of organizational structure:
centralized;
decentralized;
personnel;
mass;
parties with formally defined membership principles;
parties with free membership.
According to the type of party leadership, parties are:
collective leadership;
collective leadership with a clearly expressed supremacy of the leader;
personal guidance;
charismatic leadership;
consensual leadership.
Political parties in modern societies perform the following functions:
representation - expression of interests of certain groups of the population;
socialization - the involvement of a part of the population in the number of its members and
supporters;
ideological function - the development of an attractive for a certain part
political platform societies;
participation in the struggle for power - the selection, promotion of political personnel and
ensuring the conditions for their activities;
participation in the formation of political systems - their principles, elements,
structures.
In modern political history, there are four types of party
bourgeois democratic party system
Formed in Europe and North America in the 19th century. In his
activity is guided by the following rules:
there is a legal struggle for power in society;
power is exercised by a party or group of parties that have secured
support for a parliamentary majority;
legal opposition constantly exists;
there is agreement among the parties within the party system regarding
compliance with these rules.
In the bourgeois system, many types of party coalitions have formed:
multi-party coalition - none of the parties is able to achieve
competent majority;
bipartisan coalition - there are two strong parties, each of which
capable of exercising authority independently;
modified two-party coalition - not one of the two main parties
does not collect an absolute majority and they are forced to cooperate with
third parties;
two-bloc coalition - two main blocs are fighting for power, and the parties
standing outside the blocks do not play a significant role;
dominance coalition - one party independently exercises power over
over a long period;
coalition of cooperation - the strongest parties for a long time and steadily
cooperate in the exercise of power.
socialist (fascist) party system
there is only one legal party;
the party leads the state at all levels of the state apparatus;
The emergence of such a political system is associated with a crisis
This type of government is intermediate, while the dominant
the factor is the state, not the party, which plays a secondary
role in the exercise of power. It is also allowed to exist
other parties.
Government of the Russian Federation (from the Constitution of the Russian Federation of 12.12.93)
1. The executive power of the Russian Federation is exercised by the Government
Russian Federation.
2. The Government of the Russian Federation consists of the Chairman
Government of the Russian Federation, deputies
Chairman of the Government of the Russian Federation and federal ministers.
1. The Chairman of the Government of the Russian Federation is appointed
President of the Russian Federation with the consent of the State Duma.
2. Proposal for the candidature of the Chairman of the Government of the Russian
Federation is paid no later than two weeks after joining
position of the newly elected President of the Russian Federation or after
resignation of the Government of the Russian Federation or within a week from the day
rejection of the candidacy by the State Duma.
3. The State Duma considers the proposal submitted by the President
Russian Federation candidacy for the Chairman
Government of the Russian Federation within a week from the date of
nomination proposals.
4. After rejection of the nominations of the Chairman three times
Government of the Russian Federation State Duma President
of the Russian Federation appoints the Chairman of the Government of the Russian
Federation, dissolves the State Duma and calls new elections.
1. Chairman of the Government of the Russian Federation no later than a week
term after the appointment submits to the President of the Russian Federation
proposals on the structure of federal executive bodies.
2. The Chairman of the Government of the Russian Federation proposes to the President
Russian Federation candidatures for the positions of Vice-Chairmen
Government of the Russian Federation and federal ministers.
Chairman of the Government of the Russian Federation in accordance with
The Constitution of the Russian Federation, federal laws and decrees
of the President of the Russian Federation determines the main directions
activities of the Government of the Russian Federation and organizes its work.
1. Government of the Russian Federation:
a) develops and submits to the State Duma a federal
the budget and ensure its implementation; presents to the State Duma
report on the execution of the federal budget;
b) ensures the implementation in the Russian Federation of a unified financial,
credit and monetary policy;
c) ensures the holding of a unified
state policy in the field of culture, science,
education, health care, social security, ecology;
d) manage federal property;
e) takes measures to ensure the defense of the country, state
security, implementation of foreign policy
Russian Federation;
f) takes measures to ensure the rule of law, the rights and freedoms of citizens,
protection of property and public order, the fight against crime;
g) exercise other powers assigned to him by the Constitution
Russian Federation, federal laws, decrees of the President of the Russian
Federation.
2. The procedure for the activities of the Government of the Russian Federation is determined
federal constitutional law.
1. Based on and pursuant to the Constitution of the Russian Federation,
federal laws, regulatory decrees of the President of the Russian Federation
The Government of the Russian Federation issues resolutions and orders
ensures their implementation.
2. Resolutions and orders of the Government of the Russian Federation
binding in the Russian Federation.
3. Decrees and orders of the Government of the Russian Federation in
if they conflict with the Constitution of the Russian Federation, federal
laws and decrees of the President of the Russian Federation may be canceled
President of the Russian Federation.
Before the newly elected President of the Russian Federation, the Government
The Russian Federation resigns its powers.
1. The Government of the Russian Federation may resign, which
accepted or rejected by the President of the Russian Federation.
2. The President of the Russian Federation may decide to resign
Government of the Russian Federation.
3. The State Duma may express no confidence in the Government
Russian Federation. Decree of no confidence
Government of the Russian Federation is adopted by a majority of votes from
the total number of deputies of the State Duma. After expression
State Duma of no confidence in the Government of the Russian Federation
The President of the Russian Federation has the right to announce the resignation of the Government
Russian Federation or disagree with the decision of the State Duma. IN
if the State Duma re-expresses within three months
no confidence in the Government of the Russian Federation, President of the Russian
Federation announces the resignation of the Government or dissolves
State Duma.
4. The Chairman of the Government of the Russian Federation may put before
State Duma the issue of confidence
Government of the Russian Federation. If the State Duma is in confidence
refuses, the President decides on his resignation within seven days
Government of the Russian Federation or on the dissolution of the State Duma and
calling new elections.
5. In the event of resignation or resignation of powers, the Government of the Russian
Federation on behalf of the President of the Russian
Federation continues to operate until the formation of a new Government
Russian Federation.
Separation of powers
An important element of the rule of law, in addition to the rule of law, is
separation of powers. The theory of separation of powers is at the heart of Western
concept of the rule of law.
The rigid framework of the absolute monarchy in Russia did not contribute to
theoretical perception and practical implementation by Russian scientists of the idea
separation of powers, forced researchers to take a compromise
position, expressed in the denial of the possibility of "divisibility" of the state
power, limited only by the distribution of functions of state power.
Russia entered the period of revolution, not having fully passed the era
parliamentarism. The idea of the Soviets completely supplanted this idea. New concept
state power proceeded from its unity. Belonging to power
workers and peasants was expressed in the fullness of the functions of the Soviets. The concept of "power
workers" was accompanied by a clear demarcation of the functions of the Soviets, bodies
administration, court, prosecutor's office.
However, the separation of power and control proved unsuccessful. Supreme
The council was not supposed to decide questions of state administration.
The government did not become an organ of our representative body,
becoming the highest executive and administrative body of power. On the
In practice, this led to a decrease in the role of Soviets at all levels and a sharp
strengthening the administrative apparatus in the form of a party elite.
The Constitution of the USSR of 1977, with the expansion of formal democracy, gives
The Supreme Soviet of the USSR and other broad functions, in addition to legislative ones. But
and she did not prevent the deformation of power and concentrated it in the hands
party and government leaders. did not play an independent role
law enforcement agencies. Changes in the constitution of the USSR in 1988. allowed
introduce new moments, strengthening the two-pronged legislative power, raise
the role of the law through the loss by the Presidium of the right to issue decrees of the normative
character, introduction of the institute of constitutional supervision, strengthening
accountability of the executive bodies to the Soviets, increasing the role of the court. AND
yet the principle of "separation of powers" in the traditional sense was not accepted,
since this would not correspond to the increased role of representative bodies and
deepening democracy. But when building a legal state, the division
authorities is inevitable. Through the separation of powers, the rule of law
organized and operated legally.
The principle of separation of powers has two aspects. First, this division
power between the organs of the state. None of the organs
all state power belongs to it in its entirety. Forbidden
carry out functions belonging to another body. But the separation of powers
not absolutely. It is an operating mechanism, achieving unity on the basis of
coordination and special legal procedures provided for, among other things,
in case of conflict and emergency situations.
At the same time, some kind of power should still come out on top, take
supreme position. From the point of view of the logic of the rule of law, such
The legislature has power because it forms the legal
the scope and legal norms of public and state life, the main
directions of domestic and foreign policy. the only representative and
the legislative body of the Russian Federation is the Federal
parliament. It is politically stable, permanent
body. It is formed on the basis of general and direct elections. Election order
established by federal law. represented in the Supreme Council as
all citizens of the Russian Federation, and all subjects of the federation. It consists of two chambers:
State Duma and Federal Assembly. With the exclusive right
adoption and amendment of laws, the Federal Parliament determines on the basis of
constitution, the framework within which both the legislative and the executive operate,
and the judiciary.
The strongest means of parliamentary influence on the executive branch
is the approval and control over the execution of the budget, participation in
appointment of the head and members of the government, and, if necessary,
removal of individual members of the government; activity control
special services and foreign intelligence.
The head of state plays a role in the system of checks and balances. Without
this mechanism of separation of powers will be imperfect. The president
exercises general direction, appointed by him with the consent of the Federal
Parliament, the Government, which is simultaneously under the control
parliament. The President heads the executive branch and represents
Russian Federation in internal and external relations. Under the direction of
of the President, carrying out the domestic and foreign policy of the Russian Federation, acts
the government of the Russian Federation. Structure, composition and competence of the government
determined by federal law. Without proper restraint, the executive
power inevitably crushes the legislative and judicial. That's why
special guarantees are needed against it. The executive branch is formed
representative bodies, controlled and accountable to them, acts on
basis and for the implementation of laws.
The judiciary is the third necessary branch of government in
mechanism for the separation of powers. It is an arbitrator who decides disputes about law. IN
In a constitutional state, justice is carried out only by the courts. In that -
the most important guarantee of the rights and freedoms of citizens, legal statehood in
in general. The court should not replace the legislator or the executor. But not
the legislator, nor the executor, should not appropriate the functions of the court.
In this regard, the most important thing is to ensure real independence
court from various kinds of bodies and persons who would dictate their will and
actually usurped the judiciary. Therefore, judges other than magistrates
judges are irremovable. They retire at the age of 70
age. Judges must be appointed by higher authorities. Expression
equality of citizens before the law is the jurisdiction of the general court,
the inadmissibility of expanding the jurisdiction of special courts. system of general courts
heads the Supreme Court of the Federation - the highest judicial authority in the field
civil, criminal and administrative proceedings. He can
supervise the judicial activities of the highest courts of the republics,
territories, regions, district courts. Authority, organization and order
activities of the Supreme Court of the Russian Federation is established by federal law.
It is also advisable to consider economic disputes in court
enterprises, organizations and institutions, since the judicial procedure gives
disputing parties have more legal opportunities to make a reasonable
and fair decision.
Political culture
Polit culture is an integral part of the national culture. This
first of all, the experience of mankind, social communities, large and small social
groups obtained in the course of historical development. existing in certain
forms, this experience has an impact on the formation of political consciousness
people and is ultimately expressed in their political orientations and attitudes,
The cat, in turn, determines the watered behavior of people.
Functions of political culture.
Cognitive function - the formation of the necessary common-policy among citizens
knowledge, attitudes, beliefs and political competence.
Integrative - achievement on the basis of generally accepted polit-cult values
consent within the existing political system and politically elected by society
Communicative function allows you to establish communication between participants
watered the process both “horizontally” and “vertically” in accordance with
hierarchy of the political system.
The function of ensuring social progress is closely connected with the communicative function. This
means that political culture creates conditions for effective development
political system and society as a whole.
Normative-regulatory function in the formation and consolidation of
public consciousness of the necessary political values, attitudes, goals,
motives and norms of behavior.
The educational function makes it possible to form a personality,
citizen.
Political subculture. The political culture of a society cannot be absolutely
homogeneous. The diversity of interests of different communities gives rise to
models of political culture differing from each other - subcultures, cat
exist in all countries. Among the most significant in political science
the following types of subcultures are distinguished: regional, socioeconomic,
ethnolinguistic, religious, age.
Typology of political culture. Differentiation of watered cultures implemented in
according to one criterion or another.
One of the criteria is the degree of consistency in the interaction of political
subcultures in a given country. On this basis, there are two types
watered culture: integrated (homogeneous) and fragmented (diverse).
Another criterion for distinguishing types of political culture is the basic values, on
the cat is guided by this or that community in political activity or in political
process. In accordance with this, three types of political culture can be distinguished.
A culture of high citizenship. The basic value is a person with his
needs and interests. Polit system as a whole and all its structural
elements are democratic in nature. People have a sense of responsibility for
everything that happens, and therefore the high polit activity of the participants of the polit
process.
Elite political culture. Basic political value - power or powerful
structures (state, elites). Man acts as a means to achieve
goals set by the watered elite.
Archaic political culture. The main value is the interests of the ethnic group, to the cat
they belong to (clan, tribe, nation). Here the individual is not aware of himself as
personality and does not separate itself from the ethnic community.
Another criterion is the orientation of society towards certain
other regulatory mechanisms within the political system (market, state).
The priority use of one or another mechanism in political life gives rise to
corresponding types of political culture - market or bureaucratic.
The main ways of formation of political culture. The condition for the formation of polit
culture of people is their involvement in the political process, interaction with the political
reality. Various spheres of public life interact with the political system.
life, all of them, to one degree or another, participate in the formation of political
cultures determine the main directions of this process. Imi yavl:
purposeful educational and educational, spiritual and ideological
activities of the state, political parties, public organizations and movements,
churches, media, impact of business, science, educational institutions, families,
labor collective, clubs and organizations of interest.
Factors influencing the formation of political culture. It is known that countries
having similar socio-political systems can differ significantly from each other
friend in the political-cult relation. These differences are predetermined, in addition to everything
other things, and so-called “external”, non-political, factors: the specifics
historical development, the geopolitics of the position of the country and in particular
economic factors.
Modern concepts of political culture. Psychological approach (school
G. Almond): political culture is seen as a set of psychological
orientations towards socially watered objects and processes.
An integrated, generalizing approach (D. Merwick, R. Tucker, L. Dittmer): watered
everything that happens in politics is attributed to culture. She either
is identified with the political system, or is reduced to political relations, and in
ultimately has no specific content.
LAW AND POLITICS
© Yurkovsky A. V., 2007
A. V. Yurkovskiy - Ph.D. in Law, Associate Professor of the Department of Theory and History of State and Law of the Institute of Law of ISU
Law and politics are two social phenomena, the study of which, historically conditioned, is continuously relevant to this day and is immanent to the objective realities of their emergence, development, prospects for their existence and transformation. The particular relevance of the designated issue is also confirmed by the lack of a unified approach to the consideration of these definitions. The proposed study does not pretend to identify and evaluate all or even the main approaches that interpret and characterize the relevant concepts. The paper will discuss the mutual influence, interaction, differences and contradictions between law and politics from the point of view of comparing the meanings of the concepts generally recognized in science.
First of all, it is necessary to single out two main equivalents of the studied terms.
1. Law as a fact of objective reality is usually considered in four main meanings - this is law in the natural sense, objective law, positive law and subjective law.
Politics as a fact of objective reality appears in two main senses. Politics as a purposeful activity of people in the sphere of power, state, class relations. Politics as a characteristic of the attributes of the existence of state institutions and other political formations1.
2. Law as information subject to research, assimilation and interpretation is a legal science or, according to individual scientists, the theory of state and law in a broad sense, or jurisprudence in one of its meanings.
Politics has the same characteristics. For example, R. Schneider formulated politics as the study of the acceptance of socially significant phenomena, and G. Lassawell - as the study of influence and influencing. In any case, the considered equivalent is usually denoted by the term "political science".
The proposed context of the study involves a comparison of law and politics through the prism of the two designated equivalents.
Law and politics are facts of objective reality that arise, develop and are conditioned in connection with volitional actions and the consciousness of people (participants in social relations). The presence of individual and group interests predetermines the existence of contradictions, which are the source of the development of the entire set of social interactions. “Political does not mean any subject area of its own, but only the degree of intensity of association or dissociation of people whose motives may be religious, national (in the ethnic or cultural sense), economic or other motives, and in different periods they entail different connections and divisions." Approximately, we can also talk about the two main meanings of the concept of "law". Law in the natural sense does not depend on anyone's discretion and even knowledge about it. In turn, objective law, being the result of the volitional and conscious activity of people, it would seem,
is famous for the interests of certain social groups and even individuals, but, nevertheless, exists in any content, is predetermined by the normative nature or character of the human psyche and is the most important factor in the existence of mankind as a biological species. From this it can be assumed that both law and politics, as functioning, transforming, but invariably immanent to society in a broad sense, circumstances can be considered as social dogmas or objective social laws.
It is necessary to single out the unconditional priority of natural law, since it determines the essence of human nature in general, and it is the totality of natural rights that forms the identity and individuality of each person in particular.
At the same time, one should take into account the inviolability of the postulate that progressing qualitatively and fully, comprehensively and effectively, a person can develop only within the framework of a community with other people.
It is the presence of natural rights that ultimately predetermines the existence of contradictions between individuals and their groups, and the presence of contradictions, in turn, encourages people to enter into various kinds of relationships that are formed to ensure the realization of their own interests or to resolve existing in connection with personal or social interests of other people contradictions. At the same time, the forms of realization of one's own interests, in the context of resolving contradictions in public relations, can be very different, from joint concessions to total or permanent violence.
It seems that in the contradictions between individual and collective interests lie the prerequisites for the objectification of both politics and law.
There are specific features of political contradiction: involvement
the subject of political action into the mechanism of development of political contradiction; equal position, equivalence in the political contradiction of the political forces that form this contradiction; the existence of the possibility of mutual transition of political opposites,
the possibility of exchanging roles in the political process; the existence of a specific phase, a stage in the development of a political contradiction: antagonism as an untimely resolution of a political contradiction3.
In the proposed segment of the study, it is advisable to consider politics as a broader concept. Politics differs from law in the quantitative coverage of social spheres and the dynamics of their evaluation. Sometimes political relations affect the level of intuitive perceptions of a person, categories that cannot be logically assessed (likes, dislikes, authority, charisma, devotion, patriotism, faith, justice, and the like). In turn, law is the result of the long-term existence of well-established evaluation categories that are firmly embedded in the structure of the social mentality. In other words, there are areas of social relations that are certainly understandable and acceptable on an intuitive or sensual level, but not accessible to legal regulation, but which can be the object of political relations.
At the same time, politics is a purposeful activity. A certain result is the main condition and motivating circumstance that turns the intention into active action. Where a person can achieve results without interacting with other people, there is no politics. Where politics arises, the interests of many people collide, forming solidary interests. The war of all against all is nonsense, the path to self-destruction. Therefore, despite the different content of the interests of people and societies that differ from each other, we can say that any system of political relations ultimately implies the establishment of a certain regulation (order) in relations between people, whether it be slavery, socialism of the Juche type or liberal democracy. Of course, politics operates with a wide variety of social norms - morality, morality, customs, traditions, corporate norms and religious norms; ethical and aesthetic norms are even included in the arsenal. Nevertheless, the most effective regulator of social relations has been and remains objective law. Therefore, the most obvious object of political relations is law. When
The power of law creates norms of behavior of a universally binding nature, which, due to interim measures on the part of the state, can be considered as a real weapon in the hands of those who have access to it, both at the stage of formation and at the stage of application. In other words, it is necessary to consider law, first of all, in the political dimension. Law is a political phenomenon and requires political reflection. At the same time, it seems that it is impossible to talk about the unconditional superiority of politics over law, since cases of building political will in its pure, original form into law are extremely rare, as a rule, are associated with dictatorship, and mainly demonstrate, from the point of view of history, short viability. The current level of development of public consciousness involves the legal mediation of politics. The totalitarian-statist type of legal understanding is increasingly becoming a thing of the past in more and more countries of the modern world. Modern law is a complex alloy, a complex combination and multi-level coordination of the wills of various persons involved in political relations. After all, each individual person has the same number of natural rights, along with other people. The number of applicants for participation in political relations is steadily increasing, and politics is increasingly being implemented within the framework of the legal field. In the realm of law, as well as politics. What matters is not someone's subjective intentions, even the kindest ones, but their objective consequences4.
The dependence of politics on law is commonly referred to as the politics of law. Along with the term "policy of law", there is also the term "legal policy". Legal policy is a set of goals, measures, tasks, programs, installations implemented in the field of law and through law5.
The policy pursued by any state is, on the one hand, the result of the struggle for the realization of the interests of individual social groups within the country, and on the other hand, a statement of the role and place of a particular state in the system of international relations. As a fact, both politics and law, and the politics of law and legal politics are divided into levels - internal and external. Obviously, any political form is realized through
law, its norms. Particularly important norms that predetermine the social significance of law are constitutional norms. It is the norms of constitutional law that establish the main definitions, vectors of legal regulation, strategic and tactical boundaries and ideas of justice. In the constitutional and legal norms, politics takes on distinct forms and is based on the possibility of coercion by the state apparatus.
The policy is also based on international legal principles and standards developed by the world community.
Despite the wide range of facets that make it possible to compare law and politics, defining their similarities, differences and contradictions, in an objective context, the main thing can be said: law and politics are social values. These circumstances are the leading driving factors in the progressive and dynamic change of societies in civilized forms.
Another equivalent of the concepts under consideration involves the vision of law and politics as systems of knowledge about the state, legal and political reality. We can safely say that the idea of objective reality and objective reality itself are not quite the same thing. This postulate can be fully compared with the concepts under consideration. That is why modern science still cannot give exhaustive answers to the questions it faces.
That is why, when studying law and politics, it is important to determine the general criteria for both scientific knowledge and science of science, therefore, the relationship, mutual influence and interdependence of political science and jurisprudence should be stated.
Political science is a complex, diversified, universal, unified, methodological humanitarian science. Modern political science has a number of features and properties that have raised it to a very high level among the humanities. The role and significance of political science in modern society can only be judged by analyzing the main directions of research and its methodological basis.
The connection of political science with the theory of state and law has been studied in the most detail. The theory of state and law is the single, most general, fundamental, complex, methodological, political-legal humanitarian science. The theory of state and law is a system of generalized knowledge about the most general patterns of the emergence, development and functioning of the state, law and various state-legal phenomena related to them6.
The subject of political science is much broader than the subject of the theory of state and law. Political science claims to know the entire political universe, the boundaries of which are difficult to establish7. Nevertheless, questions about the state and law are included in the subject of political science. Therefore, political science in relation to the theory of state and law acts as a general science, since it studies more general issues. In turn, the theory of state and law acts in relation to political science as a private science, since the subject of the theory does not go beyond the framework of state-legal phenomena. However, due to the fact that state-legal phenomena are not isolated from other social, political circumstances, but, on the contrary, interact with them, when studying these connections, the theory of state and law is widely based on political science research. In turn, the theory of state and law develops concepts, categories, constructions, provisions and conclusions about state-legal phenomena that are used by political science, for example, “the mechanism of legal regulation”, “implementation and application of law”, “state apparatus”, “presumption” , "immunity", etc. Such information of political science is necessary. And it is provided by theory.
At the same time, one can say that political science considers more particular political circumstances. For example, the concept of "political development" was introduced in Western political science in the 2nd half of the 20th century. to reflect the dynamics of political life, designate the processes of its change, as well as to determine the level of political development of society. Political development is measured by such criteria as the electoral system in the broad sense, political parties, mass media, professional
national unions, churches, etc. These concepts are concretized and acquire an official interpretation in the norms of constitutional law. Moreover, in various states of the modern world, these constructions acquire their own content and individual characteristics. It is the science of constitutional law that provides the richest empirical material for political science generalizations. At the same time, the subject of constitutional law, as well as the subject of the theory of state and law, is private in relation to political science. It can even be said that the subjects of these disciplines are included in the subject of political science.
The constitutional law of foreign countries is a dynamic, sectoral and at the same time historical and theoretical, general, complex, political and legal science. The question of its characteristic features is the subject of another scientific research. We can only assume that this is a kind of average, universal enumeration of the characteristic features of the constitutional law of the countries of the modern world as a science. In relation to this study, it is necessary to turn to the signs that were not included in the proposed formulation, but with a high degree of confidence, enlisting the support of a large number of scientists involved in constitutional comparative studies, should be included. The constitutional law of foreign countries is, like the theory of state and law, a fundamental and methodological science.
The fundamental nature of the constitutional law of foreign countries lies in the specifics of the object or subject of legal regulation of national branches of constitutional law. In constitutional law, the branch in question in relation to other branches of law is considered precisely as fundamental. Its task is to form fundamental, fundamental definitions, goals, objectives and principles and fill them with content that corresponds to the will of the power holder of a particular state.
In this context, both applied, professional, constitutional and legal, and political contexts are faced. We believe that in this case, political science should ensure constitutional law, but qualitatively this
neither political science nor the science of constitutional law can do this without a universal assessment of the world as a whole.
Another characteristic feature inherent in the science of constitutional law in foreign countries8 is its methodological nature. It is customary to refer to the methodological sciences the spheres of knowledge that form a view of the world, of the surrounding facts of objective reality. It is for constitutional law that the philosophical principles of assessing the world, the criteria for world perception or world understanding are important. For example, the concept of "constitutionalism" can be viewed through the prism of liberal democratic, socialist, or any of the clerical approaches. The result will be different, just as the national political systems of the countries of the modern world differ.
In addition, the methodological tools, techniques, means, methods, in general, the methodology for assessing the modern world, in our opinion, is the section of constitutional law that needs serious elaboration and unification. The results of many studies suggest the possibility of their use to ensure certain goals that pursue individual political interests instead of striving to comprehend objective truth.
In the context of the proposed topic, interesting, in our opinion, is the question of the relationship between international law and political science.
International law is a universal, interstate, unified, complex, branch and at the same time historical-theoretical, political-legal, humanitarian science. The science of international law is a set of objective knowledge about the norms created through agreements between states, including those with different social systems, and other entities in the process of implementing international relations.
One of the most important categories of international law is "recognition", which operates political science. At the same time, recognition is based on such features as will and power, which are not regulated in international law.
In any case, the given examples of interconnection, interdependence, influence and mutual complementation of such sciences as political science, theory of state and law, constitutional law of foreign countries, international law can be clearly traced.
We believe that the presence of an unusually large amount of materials on the comparison of law and politics as objective phenomena of social reality and a very limited amount of comparative materials on the unity and mutual influence of jurisprudence and political science is a circumstance that is relevant for scientific initiatives. Of course, there is a need to fill the existing gaps in scientific knowledge. It will take a significant amount of time to complete such a voluminous task. W
NOTES
1 Demidov A. I. Politics: concept and nature // Russian legal policy: a course of lectures / ed. A. V. Malko. M., 2003. S. 3.
2 Schmidt K. The concept of the political // Questions of sociology. 1992. No. 1. S. 45-46.
3 Konovalov VN Dictionary of political science. M., 2001. S. 56.
4 Matuzov N. I. Law in the political dimension // Russian legal policy: a course of lectures / ed. A. V. Malko. M., 2003. S. 55.
5 Matuzov N. I. Legal policy: essence, concept, reality // Russian legal policy: a course of lectures / ed. A. V. Malko. M., 2003. S. 77.
6 Pianov N. A. Consultations on the theory of state and law: textbook. settlement Part 1. Irkutsk, 2004. P. 7.
7 Theory of state and law: a course of lectures / ed. M. N. Marchenko. M., 1998. S. 13.
8 Which is sometimes called general constitutional law.
Political science performs its complex functions in close connection with other sciences. At the heart of the relationship and interaction of political science with other social sciences are two main circumstances.
Firstly, this is a close interweaving of the processes of social development (economic, political, cultural) in life itself.
Secondly, problems arise in society related to the most important social values, the study of which is occupied by all social sciences. Chief among these values are: the material well-being of society and its stability; National security; freedom and constitutional order.
The interaction of the social sciences has other reasons as well. In particular, many vital economic, social, cultural and other problems often become political ones. This happens if the solution of the problem by means of the sphere where it arose becomes impossible. There is a need for political
The basis of interaction is that political science is significantly enriched by the results of the study of other sciences, at the same time, other sciences use the achievements of political science to solve their problems.
An example of the interaction of political science and other social science can be economic theory. Specialists in this field study not only the laws of the development of a market economy, its self-regulation, but also the methods of state economic policy. This circumstance allows economic theory to draw conclusions that are important for political science. One of them is that at the heart of many economic processes one should see the struggle for the realization of political goals. For example, a well-thought-out economic program of a presidential candidate becomes a powerful tool for conquest of power.
There is a close relationship between political science and sociology. Political sociology, which studies the interaction of politics with the social environment, has become an integral part of the system of political science. For political science, sociological data on the motives of the behavior of people and social groups are of interest. Modern political science borrows a lot from sociology in terms of methods of scientific knowledge.
History, in particular, political, provides factual material and conclusions for the study of contemporary political problems. The correlation between political science and political history is determined by the fact that the theoretical conclusions of political science are verified by history. Ignoring historical experience, as practice has shown, is fraught with disastrous consequences.
There is a great connection between political science and philosophy, whose component it, along with other areas of knowledge, was in the conditions of the Ancient World, the Middle Ages. The differentiation of philosophy led to the isolation of other sciences from it. Philosophy, now possessing its own subject of study, analyzes the philosophical foundations of politics.
Political science uses materials legal science : the legal substantiation of political institutions, processes, relations provides guarantees for their normal development and functioning. The closest in terms of object and research methods to political science is state-legal science, which studies the legal mechanisms for the development and implementation of political decisions. The close relationship between legal and political sciences is due to the important role of political power in the practical implementation of legal norms. At the same time, political power cannot function normally without legal formalization.
Political science develops in close interaction with other humanities. They are all united by a common object of study - the life of society in all the diversity of its specific manifestations. They have many common categories. But, of course, the subject of study is significantly different.
The construction of a new democratic Russia is connected with the need to teach the citizens of our country, young people in the first place, the basics of world and domestic political culture. The fleeting "rewiring" of communist ideology to liberal spiritual and political values created a political and cultural vacuum in the minds of Russians.Most of them have not yet mastered the minimum of scientific information about the market economy, the rule of law and civil democratic society. The frame of politics is viewed by ordinary Russian citizens more as a way of manipulating them on the part of certain leaders and the opposition in conflict with the new government. A democratic political formation is capable of greatly accelerating the process of forming a mass mentality adequate to the new political system. In developed democracies, it is recognized as an important area of activity for society. Therefore, the states of the West take upon themselves the brunt of the organization and costs associated with the enlightenment of society. Moreover, the countries of the European Union (EU) are coordinating efforts in the field of political education in order to form among their citizens a sense of a Western European community, belonging to one, common homeland - Western Europe. This strengthens the political basis of Western European integration. For modern Russia, concern for the development of political science and the formation of a new system of political education should also become a common cause of the state and the scientific and pedagogical community. The proposed textbook is focused on the political needs of the Russian general education school in the formation of modern political culture among high school students. It was developed taking into account the curriculum "Politics and Law" prepared at the Institute of General Education of the Ministry of Education of the Russian Federation. What is the modern science of politics - political science? Political science translated into Russian means the doctrine (science) of politics. The name of this science was born in our country, which few people know about yet. This term was chosen to distinguish between Marxist and bourgeois political science. In American and Western European social science literature, the term "political science" is used quite rarely. Traditional in it is the concept of "political science", which in 1952 was proposed for this branch of political knowledge by the American political scientist and sociologist G. Lasswell. However, modern political scientists disagree not only about the name of their science. They stand on different positions, put forward different concepts from each other regarding the subject of this science. If we try to group all of them somehow, we can note the following three approaches. Supporters of the first approach adhere to the point of view according to which political science is the science of the state. The origins of this understanding is the ancient Greek thinker Aristotle, who reduced politics to the study of the state, its structure, government, participation in solving state and public affairs.
And today, representatives of this approach believe that the science of politics is the knowledge of everything that is related to the art of governing the state and maintaining relations with other states. According to the second approach, political science is the science of politics, political activity in general, that is, of all processes and phenomena occurring in the political sphere of society. We can say that with this understanding, the subject of political science is already defined in the very name of science. Representatives of the third approach argue that political science is the science of political power and management of society. In their opinion, the subject of political science is the patterns of emergence, functioning and development of political power, ways, forms and methods of its conquest, retention and use. The already mentioned American political scientist H. Lasswell remarked on this: "When we talk about science in the field of politics, we mean the science of power." This approach is the most common at present, has the most supporters - both among domestic and foreign policy researchers. If we compare the above approaches, we can see the following: the first one limits the subject of political science only to the state, the second one expands its boundaries to the entire political society, and the third approach singles out the core problem of politics, political relations - political power and management of society as the subject of political science. Despite all the differences in the definition of political science as a science, its representatives focus on the study of basically the same problems. The most important place among them is occupied by the following fundamental questions: the essence and content of politics, political relations, the political life of society; their historical and socio-economic roots, forms of manifestation; correlation with economic, social, legal, spiritual and other spheres of public life; subjects of political activity, their place and role, goals and forms pursued by them, methods and means of achieving them; conditions and features of the current stage of development of politics and political relations. A special area and, accordingly, the research problems of political science are political power, power relations. These are the specifics, signs, structure of political power, ways and forms of its conquest and implementation, the ratio of constitutional and unconstitutional forms of political struggle, the place and significance of political revolutions, ways of exercising political power (from totalitarian to democratic), organizational forms of political power, etc. e. The subject of constant attention of political science is the political systems of society, their modern types, the main institutions. Political science is interested in: the place and role of the state, political parties, public organizations and movements in the political system of society, their relationships, political norms and principles; political consciousness as an element of the political system; patterns of formation and functioning of political systems of industrialized and developing countries; the place and role of the church in the political system; the interaction of civil society and the political system, etc. The range of problems of political science as a science also includes the political process, both international and within national boundaries, political behavior with various forms of its manifestation, political leadership, political culture, participation of the masses in solving the most important political problems , international politics, global political problems of our time. An important place in political science is occupied by the history of political ideas, doctrines, theories, starting from antiquity, including the Middle Ages, modern and recent times, and ending with the present. The history of political science as a doctrine of politics has more than two millennia. Already in the 5th century BC e. it was singled out by Aristotle as one of the most important sciences of his time, along with philosophy. However, even then, and for many subsequent centuries, until the second half of the 9th century, it existed and developed not as an independent branch of scientific political knowledge, but within the framework of other social sciences - philosophy, history, law. The French political scientist R. Aron noted on this occasion that political science was either a favorite hobby of specialists in other disciplines, or a matter of amateurs. Representatives of literature, psychology, anthropology, etc., often dealt with political topics. As an independent science, political science made itself felt only at the beginning of the 20th century. In 1903, the Political Science Association was first established in the USA. But political science finally emerged from the social sciences into an independent one, both in the United States and in other democratic countries, only at the end of the 1970s. In Soviet social science in those years, political science was just beginning to take shape. In the mid-70s, in the universities of the country, primarily at the Moscow State University. M. V. Lomonosov, departments and laboratories for the study of political sciences were created. Today in Russia, political science is given a priority place in social science. The very word "political science" has firmly entered the scientific, journalistic and social lexicon. Political scientists gradually began to be treated as very necessary specialists in society. The time has come for the introduction of "Fundamentals of Political Science" as an academic discipline in the final grades of secondary school. What is this course? What is he talking about? What is its difference from other disciplines that study the political sphere of public life? The answer to these questions can be an acquaintance with the subject, its structure and content, goals and objectives. The subject of the course, that is, the area of his special interest, is politics and law, their origin, functioning and development, political and legal relations, the sphere of interaction between politics and law, political power as the core of all political and legal processes and phenomena, ways, forms and means its implementation, the organization of political power. The concepts that make up the course "Fundamentals of Political Science" can be divided into three main groups. The first of them includes actually political (political science) concepts that are directly related to the sphere of politics, political power and reflect their specifics. Let's name the key ones: politics, political power, political life of society, political relations, political system, political institutions, political party systems, political regime, political leadership, political process, political activity, political culture, international politics, political structure of the modern world, etc. The second group can include concepts that express the specifics of the legal sphere of public life. Among them, for example, such as law, law, legal system, law-making, legal relations, legality, law and order, legal consciousness, legal culture, legal status, legal responsibility, law abidance, offenses, human and civil rights, constitution, rule of law, and a lot others. If the concepts of the first two groups for our course are "native", then those related to the third group are borrowed from philosophy and sociology. Such can be considered, for example, political consciousness, political socialization, political behavior, political being, etc. The course "Politics and Law" consists of five sections, each of which includes a certain number of topics. First, a general theoretical understanding of politics and law is given, then the central subject of politics and law is considered - political power, then the structure of state power and local self-government are characterized, after that - the political system with its institutions, and, finally, the course ends with showing the place and role of the individual in system of political and legal relations as their main subject. Section I “Politics and law as a phenomenon of public life. General characteristics” is devoted to the study of the foundations of the general theory of politics and law. Within its framework, the first topic is devoted to clarifying the concept of politics, its connection with the economy, social and spiritual spheres of society, the relationship between politics and law, politics and morality, characterizing domestic and foreign policy as the main elements of its structure, subjects and objects, policy goals, methods and the means to achieve them. The second topic introduces law, its place and role in the system of regulation of social relations, the laws of law, the role of the state in this process, the relationship between law and law. An important problem is the relationship between law and politics, ways and forms of expression of political interests in law, the relationship between law and power. Section II "The Structure of Political Power" includes three topics. Firstly, about power as a phenomenon inherent in the nature of human society, about its versatility, about the relationship between such concepts as "power", "state", "will", "influence", "management", about the need for power, its functions, spheres of manifestation, scale of implementation, holders of power and DR- Secondly, about political power as one of the forms of manifestation of power in general, about the specifics, features and mechanism of political power, law as its basis, about the relationship between the concepts of "political power" and “state power”, about the exercise of political power by political parties, public organizations, associations of citizens, etc., about individual and collective subjects of political power, authority, persuasion, law, coercion, violence as methods of exercising political power, about the technology of political power , ways and forms of its conquest and use, about the division of powers into legislative, executive and judicial branches, etc. Thirdly, about the political regime as about the totality of methods, methods, techniques for the exercise of political power, about the typological features of political regimes, about modern political regimes - totalitarian, authoritarian, democratic, about the features of political regimes in the capitalist, socialist and developing states of the modern world, about the political regime in Soviet society and in modern Russian Federation. Section III “The system of state power. Local Self-Government” sets as its main task to characterize, firstly, the structure of state power, its main elements; secondly, a non-state form of organization of power - local self-government. In accordance with this, the section discusses: 1) the legislative power, the system of its representative bodies, the main forms of organization and principles of their activities, the legal regulation of the procedure for their elections, the legislative process, modern electoral systems, the practice of their implementation in various countries; 2) the system of executive power, its place and role in the separation of powers, the functions of executive power, the institution of presidency, the government, their place in the system of executive power, the system of public administration (administration); 3) the judiciary, the procedure for the formation and structure of its bodies, the role of the court in protecting the rights and freedoms of citizens in a constitutional state. Much attention is paid to the peculiarities of the organization and functioning of the legislative, executive and judicial branches of government at the present stage in the Russian Federation and in other countries of the world. Questions about local self-government, its legal foundations, the principles of its implementation, about the relationship between local self-government and state authorities, local self-government and public self-government, local self-government and civil society, about ways and means of implementing local self-government by the population are included in an independent topic. Section IV "The Political System of Modern Society: Organizational Structure and Basic Institutions" is intended to help understand and assimilate three groups of problems. The first is the essence of the political system of society, the correlation of social, economic, political and legal systems in society; legal consolidation of the general principles of organization and functioning of the political system; the main groups of elements of the structure of the political system; types of modern political systems, their features and diversity; features of the Soviet political system and the political system of the modern Russian Federation. The second - the state as the main institution of the political system of society, its functions, legal regulation of the organization and activities of state bodies; state and political parties, state and church; unitary, federal, confederate and other forms of government, monarchical and republican forms of government; the rule of law and the main directions of its formation in various countries of the modern world; civil society and the state; dependence between market relations, civil society and the rule of law. The third is the place and role of political parties, public organizations in the political system of society, their legal status; the main directions of activity and the most important development trends in modern conditions; conditions and factors for the formation and functioning of modern party systems, the specifics of one-party, two-party and multi-party systems; the process of formation of a multi-party system in the modern Russian Federation. Section V "Personality, Politics and Law" is devoted to the place and role of the individual in the system of political and legal relations, the issues of political and legal socialization of a person, the formation of his political and legal image. In this plan, four groups of problems are considered. The main attention in the first of them is focused on the problems associated with the participation of the individual in the political process. These are questions about the essence of the political process, its participants, their goals, the nature and characteristics of the relationship between them; about the technique and technology of the political process, its continuity; about the political activity and political activity of the individual, the forms of their manifestation, the constitutional foundations of the political activity of the individual; about the features of inclusion in the political activity of youth. The next group of problems is devoted to the political behavior of the individual. Among them: the social conditionality of the political behavior of the individual, its socio-psychological mechanisms; the main forms and types of political behavior of the individual, their diversity and features; extreme and deviant forms of political behavior among youth and adolescents; psychology of political behavior of a person in a crowd; features and significance of the behavior of a political leader, the main types of political leaders of our day. The third group includes problems that characterize the political rights of a person and a citizen: political rights and freedoms as an integral part of the legal status of an individual; the need for political rights and freedoms of the individual, their foundations, principles, scope, completeness and significance, the content of political rights and freedoms of the individual, state-legal guarantees of political rights and freedoms of the individual, the practice of their implementation in various types of political regimes, modern human rights movement, UN activities and other international organizations for the protection of human and civil rights. The fourth group includes problems related to the formation and level of the political and legal culture of the individual. Among them are such as political and legal culture, their specificity, components, levels and content, correlation with other types of culture; features of youth, teenage political and legal subculture; approval and development of political and legal culture of a democratic nature; the place and role of the family, school, self-education, interpersonal contacts in the political and legal socialization of the individual (youth, the younger generation). The construction of the course and the range of problems included in it are subordinate to its main goal - to give high school students knowledge about politics and law, political power, the organization of the political life of society and the corresponding political systems. The proposed course is designed to help you correctly navigate the ongoing political events both in our country and in the international arena, to have your own point of view on these events, to understand the decisions and statements of certain politicians, to understand the difference between one political regime and another. The latter is especially relevant in the context of the politicization of Russian society, its transition to democracy and a civilized way of life. An important task of the course is to increase the level of political and legal culture of secondary school graduates. The knowledge gained by schoolchildren in the course "Politics and Law" can be used by them as citizens of Russia in building a modern legal state and civil society. The textbook was prepared by Doctor of Historical Sciences M. I. Shilobod (supervisor), Candidate of Historical Sciences A. S. Petrukhin, Doctor of Historical Sciences V. F. Krivosheev. Candidate of pedagogical sciences N. G. Suvorova (topic 8), candidate of historical sciences G. M. Boyko (Dictionary of concepts and terms) took part in the preparation of individual materials. Questions and tasks 1. When did political science emerge and what is its place today among other social science disciplines? 2. What is the subject and range of problems studied in the course of the basics of political science "Politics and Law"? 3. Think about and reveal the difference between political science as a science and political science as an academic discipline.
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