The first states arose during the era. Reasons for the emergence of the state

The first states appeared in the southern regions of our planet, where there were the most favorable natural and geographical conditions for this. They originated around the same period, about five thousand years ago.

What is the reason for the emergence of a new type of social relations?

When and why the first states appeared, that is, their origin, is one of the controversial issues in science. According to the version of the famous German philosophers Karl Marx and Friedrich Engels, the state arises in the process of increasing the role of property and the emergence of a class of wealthy people. They, in turn, need a special apparatus to protect their interests and maintain influence over their fellow tribesmen. Undoubtedly, this phenomenon took place, but it was not the only thing that contributed to the emergence of the state. There is also a theory that new type the organization of society was a consequence of the need to control and distribute resources, a kind of supreme manager of economic objects, in order to effectively develop them, this method of organizing the state is most applicable to Ancient Egypt, where the irrigation system was the main economic object.

Criteria for their appearance

When and why did the first natural process arise that occurred everywhere, but in different periods. IN ancient times The basis of life for all people was agriculture and cattle breeding. In order for it to develop successfully, appropriate natural and climatic conditions were necessary. Therefore, they settled mainly along the banks of large rivers, which made it possible to fully satisfy people's needs for this important resource. Special meaning had the location of the water source: the further south it is, the warmer the climate and, accordingly, the more favorable opportunities for agriculture. Here you can harvest not just once, as in most of the world, but several times a year. This gave the peoples living in these regions an undoubted advantage in developing methods of livelihood and obtaining surplus product.

The most ancient regions of state building

Mesopotamia, or Mesopotamia, is a very favorable region for agriculture, a mild, warm climate, excellent location and the presence of two large rivers in Western Asia - the Tigris and Euphrates - gave required amount water for the development of the irrigation system and irrigation method of land use. The people inhabiting these lands were less dependent on the vagaries of the weather than others, so they could receive stable and rich harvests. Approximately the same situation arose in the valley largest river Africa - Nile. But in order to build the complexes, it was necessary to establish teamwork large quantity people, otherwise it was simply impossible to create effective agriculture. This is how the first prototypes originated and this is where the first states appeared, but these, strictly speaking, were not yet entirely state entities. These were their embryos, from which they subsequently formed

The vicissitudes of socio-economic and political components in ancient countries

The city-states emerging in these territories begin to control a strictly defined area. Relations between neighbors were always tense and often led to conflicts. Many independent associations were slowing down economic development This region and the stronger rulers realized this, so they gradually try to subordinate a large territory to their power, where they establish uniform orders. It is according to this scheme that two strong and large kingdoms appear in the Nile Valley - Northern, or Upper, Egypt and Southern, or Lower, Egypt. The rulers of both kingdoms had fairly strong power and an army. However, luck smiled on the king of Upper Egypt, in a fierce struggle he defeated his southern rival, and around 3118 he conquered the kingdom of Lower Egypt, and Mina became the first pharaoh of a united Egypt and the founder of the state, which is when and why the first states appeared.

Egypt - the first state

Now all the fruitful resources of the Nile were concentrated in the hands of one ruler, all conditions appeared for the development of a single state system irrigated agriculture, and now whoever controlled it had significant material resources. The fragmentation that was weakening the country was replaced by a strong one, a single state, And further development Egypt perfectly demonstrates everything positive points this process. Long years this country dominated the entire Middle East region. Another favorable region of the Earth, Mesopotamia, could not overcome centrifugal forces, the city-states that existed here were unable to unite under the rule of a single monarch. Therefore, constant conflicts destabilized the political and economic situation, which made it possible for Egypt to get ahead, and soon the Sumerian states fell into the sphere of influence of the Egyptian state, and then other powerful states in the region. But it is not possible to say which state appeared first with chronological accuracy, so Egypt is considered the first state on the planet.

Theories of the genesis of political entities

The most objective theory on the question of when and why the first states appeared is the one according to which a fairly stable social structure society, and the state that is formed as a result of these processes and phenomena is only a pattern designed to ensure the necessary stability of the entire social system. That's when and why the first states appeared. This path applies to everyone power relations in the history of mankind. But much more, it can also be a hostile environment, which contributes to the consolidation of society, strengthening the role of the individual, which is the ruler. Borrowings from surrounding more developed nations also play an important role. The religious and ideological component also contributes to this; it is enough to recall Muhammad, the founder of the new religion of Islam, and the importance it played in the formation. Therefore, the first states appeared as a result of a set of conditions, but the main criterion was still the level of economic development.

Summing up

The first states were mainly based on force; power always presupposes submission. And in conditions ancient world it was the only way to preserve vast territories, often inhabited by very different and dissimilar tribes. Therefore, many states arose as unique organizations for fruitful development, but did not interfere in local affairs, demanding only the fulfillment of certain duties and obedience. Often it was of a formal nature, because of this the first states were extremely unstable.

It is generally accepted that the first territorial state was Egypt. It was formed approximately 3 thousand years ago. Egypt became the world's first territorial state with strict borders, organized religion, centralized administration and intensive agriculture. It lasted several thousand years and established standards of government that have not lost their relevance to this day. Along with Egypt, one of the first states was the Sumerians, in the historical region of Southern Mesopotamia ( South part modern Iraq). They were a people ethnically, linguistically and culturally alien to the Semitic tribes who settled Northern Mesopotamia at approximately the same time or somewhat later. Sumerian language, with its bizarre grammar, is not related to any of the languages ​​that have survived to this day. Also, do not forget about the first state on the territory of Iran - Elam - arose in 3300 BC. Elam was a federation of several “countries”-principalities, either united under the rule of the dynasty of one of them, or disintegrating again.

The first states include states in India (in the valleys of the Indus and Ganges rivers) and in China (on the banks of the Yellow River). In Europe in the 1st millennium BC new era the largest were the ancient Greek states - Athens and Sparta. And in the 8th century BC the city of Rome was founded, which became the center of the Roman state.

The Roman state existed for over a thousand years. Of all the ancient countries, it was the most extensive: it included not only Greece, but also many countries of the East. It was a slave-owning state. Throughout its history, the Roman state waged long and bloody wars to capture slaves and lands. At first Rome was a republic. Later, after slave uprisings arose in different parts of the country, the largest of which was the uprising led by Spartacus, the rich slave owners established a monarchy (translated from Greek, “monarchy” means “unity”). All power in the state began to belong to the emperors, who ruled individually.

Ancient Rome also made an important contribution to human culture. The Romans built magnificent structures: circuses and temples, baths and palaces, bridges and water pipelines. The works of Roman poets, writers, and historians have been translated into the languages ​​of other peoples. From Latin language, spoken by the Romans, many European languages ​​originated: Italian, Spanish, French and others.

Gradually, uprisings of slaves who opposed their masters undermined the Roman state from within. It was also weakened by the onslaught of external enemies. The Roman Empire ceased to exist, destroyed and conquered by peoples who appeared in history about one and a half thousand years ago.

P.S here you can see in chronological order the history of the world and the process of creating a state from the very first to the present day - https://www.youtube.com/watch?v=ymI5Uv5cGU4

To answer the question, we need to decide what we mean by state. There is a classical approach, according to which, in order to recognize a certain socio-territorial entity as a state, it is necessary that it have its own territory, population and sovereignty (that is, power that is supreme relative to any other power in society and independent in relations with similar formations). In addition, the state must have its own administrative apparatus - a system of bodies and/or officials who have authority.

Available historical material allows us to determine that the first formations that meet all the specified requirements appeared and developed in the 4th - 3rd millennium in the interfluve of the Tigris and Euphrates rivers (Middle East). The process of their emergence can be illustrated with the help of irrigation and Marxist theories of the emergence of the state. The dry climate of Mesopotamia led to the need for artificial irrigation of the land. The creation of complex irrigation structures required centralized management. Probably, already 5-6 thousand years ago, the local population observed high degree social and property stratification, which led to the emergence of a group of people who were not involved in material production, but performed exclusively managerial functions. This is exactly how a primitive state apparatus arose in the society of the ancient Sumerians.

What were the first states?

From school we learn about the concept of the state. Where did their emergence begin and what were the first states? Let's consider this issue in more detail.

First, let's define the state. This is called a state political organization a society that has sovereignty, has its own legal order, for example, a constitution, as well as branches of government: legislative, executive and judicial; characterized by such features as a flag, coat of arms, anthem, symbols, and possibly others, for example, a monetary unit. It is important for a state to be recognized by other states.

What were states like in ancient times?

What were the first states and in what century did they arise? Scientists believe that the first states arose at the beginning of the 3rd millennium BC in Mesopotamia, Egypt and India. Often they did not represent the states that we can observe now in modern world. Basically it was small towns or settlements in which ordinary peasant people lived, carrying out daily work, representing mainly labor, as well as leaders who represented power. There was no army as such in these states, but there were warriors who defended the cities from raiders. In such states, power had a hierarchy, the entire society was built according to a hierarchical order.

Theories of the origin of the state

While it is not known exactly why the first states arose, the most popular theories are the so-called patriarchal and social contract theories.

Patriarchal theory

This theory of the origin of the state was supported by philosophers such as Aristotle, Plato, and Confucius. The essence of this theory is that the state arose due to the growth and strengthening of the influence of a particular family or tribe. Since traditionally in various communities a man was considered the head, his power gradually strengthened and, passed on from father to son, turned into the power of the patriarch.

The civilization-states based on a patriarchal system of government included the ancient Indian Aryans. Also, the tribal communities of the Scythians, who occupied the Northern Black Sea region in the 4th century BC, could be classified as a patriarchal state. It is believed that the Scythian state arose on the Dnieper and actively developed there for several centuries; even the capital of Scythian Naples appeared. Of course, countries such as China, Japan and Korea can also be classified as a patriarchal state system. They were always based on the struggle of dynasties for power, while at the head of each dynasty was a leader - the eldest of the men.

Social contract theory

The theory of the social contract, which was actively promoted by the famous political scientist and philosopher Thomas Hobbes, is based on a person’s awareness of the entire danger of his life, that society needs order, laws by which it can live.

Thus, society enters into an agreement on the creation of a state, chooses its leaders or ruling elite, which will have to carry out the popular will, organize the work of people, provide them with protection from enemies, and do everything necessary for the state to develop.

Such states often include Ancient Greece and Ancient Rome. As a result, states that arose on the basis of a social contract are credited with much greater development in writing, creativity, agriculture, and sports. It is believed that it is in Ancient Greece and in Ancient Rome the concept of “law” arose, actively developed public life and art appeared.

Characteristics of ancient states

Persia

One of the oldest states was Persia. Situated in a mountainous area, it was rich in various natural resources, for example, marble and metal. Besides, favorable conditions climate allowed for farming and cattle breeding. Persia managed to become a very strong country and capture states such as Babylon and Palestine. Her army was the strongest in the east until the 5th century. This state was characterized by developed trade, the presence of currency, and religion was developed in it.

Distinctive features of Persia:

• Powerful army;
• Developed economy;
• Rich natural resources;
• The unshakable power of the patriarch.

Egypt

Egyptian civilization also had good natural resources. Situated on both banks of the Nile, Egypt was able to develop to such a high
level that to this day the whole world admires the achievements of this civilization. In Egypt, construction, culture, religion, creativity, trade were developed, navigation was actively developing, and, of course, agriculture was developed.

Distinctive features of Egypt:

• A level of craftsmanship in construction previously unheard of;
• Its currency unit;
• Developed art and religion;
• Power rested on the priests and the pharaoh.

Sumer

No less developed was the country called Sumer, which was once located along the banks of the Euphrates and Tigris. The territory of this state was located in the south of modern Iraq. Climate in the area of this state characterized by relative softness, which allowed the development agriculture more than active. Religion and sacrifice were developed. Also, excavations of ancient cities prove that the Sumerians also developed construction.

Distinctive features of Sumer:

• Availability of writing;
• Developed art;
• Complex architecture;
• The Sumerians wrote philosophical treatises and various literary works;
• Power rested with the king.

When did the first states appear? How long ago? What kind of states were these?

The world's oldest states arose in two southern countries in the valleys of deep rivers at approximately the same time (5 thousand years ago or slightly earlier):
1. Egypt is a country located on both banks of the Nile from the first cataract in the south to Mediterranean Sea in the north; Deserts stretch to the west and east of Egypt. The ancient Egyptians called their country Kemet (Black). This is how they distinguished the black fertile land in the Nile Valley from the “red” land, unsuitable for habitation in the desert. The name Egypt was given by the Greeks. Presumably it comes from one of the names of the ancient capital of the country - Khikupta (literally “Fortress of the spirit of Ptah” - the patron god of this city).
2. Sumer is an ancient country located in the Southern Mesopotamia, that is, along the banks of the Euphrates and Tigris in their lower reaches (the south of modern Iraq). The name of the country comes from the name of its oldest population - the Sumerians, known to scientists.

Features of natural conditions

Favorable for farming:
1) a lot of hot ones sunny days per year;
2) abundance of moisture (the Nile, Euphrates and Tigris rivers never dry out);
3) lands that have two valuable properties: fertility; softness, allowing soil cultivation with tools made of wood, stone, horn, copper (the method of mining and processing iron had not yet been discovered).
Unfavorable for human life:
1) an abundance of swamps and impassable swamps in which people and livestock drowned; clouds of insects - carriers of dangerous diseases;
2) lack of timber (constant need for ornamental timber);
3) shortage of metals: in Egypt, small reserves of gold and copper were contained in the Eastern Desert; in Sumer, metals (as well as building stone) were completely absent;
4) uneven precipitation during the ripening period of grain (Sumer); In Egypt, only in the Nile Delta did it rain regularly; in the rest of the country it did not happen, sometimes for several years.

Features of farming

The basis of the economy in the most ancient states was agriculture. Mandatory irrigation work (artificial irrigation of land) was carried out annually and required the coordinated actions of tens and hundreds of people to build and repair irrigation structures; general management of irrigation was carried out by state authorities. Main irrigation structures:
canals that brought water to places remote from rivers;
barrier embankments (dams) that protected crops from excess moisture during floods;
artificial reservoirs;
Shadufs are water-lifting devices, known since the middle of the 2nd millennium BC. e. (Egypt).
Farmers' work. In each ancient country they had their own characteristics. This is what these works were like in Egypt.
Plowing. The plow was pulled more often by cows than by bulls: calmer cows were easier to control, and draft animals did not require much strength to plow soft soil. After sowing, cattle were driven through the sown field. Cows and sheep trampled the grain into the ground and compacted the soil (if this is not done, the grain will dry out under the scorching rays of the sun).
Harvest. The ripened bread was reaped with wooden sickles, which consisted of a short sickle and a curved cutting part, in which sharp silicon inserts were used as a blade. From 2 thousand BC e. Sickles with bronze blades also began to be used.
Threshing was carried out on a toku - a round compacted platform. The sheaves were threshed by hard-hoofed cattle (donkeys, bulls).
Winnowing. The grain threshed by the cattle was full of chaff and all sorts of debris. Elongated blades were used to throw the grain up - while it was falling down, the wind carried away chaff and debris.

What were they like? ancient states

The ancient states were small in their territory (for example, more than forty of them were formed in the Nile Valley in the second half of 4 thousand BC). The center of each state was a fortified city, where there was a temple to the local patron god and the residence of the ruler. The latter was a military leader and also supervised irrigation work. It is known that in Sumer

1 The state is the main means of exercising political power, the central institution of the political system. The term “state” is used in a narrow and broad sense: in a narrow sense - as an institution of domination, as a carrier state power, opposed to “society”; in a broad sense - as a state-formed universality, a union of citizens, as a community. Here its meaning covers both “state” (in the narrow sense) and “society”.

In modern science, the state in the narrow sense is lowered as an institution, an organization that has supreme power in a certain territory. It exists along with other political organizations: parties, trade unions, etc.

General characteristics of the state.

States of different historical eras and peoples are not very similar to each other. And yet they have some features that are more or less inherent in each of them, although in modern states subject to integration processes they are sometimes quite blurred. These are the following general signs.

1. Public power, separated from society and not coinciding with the organization of the entire population, the presence of a layer of professional managers. This feature distinguishes the state from a tribal organization based on the principles of self-government.

2. The territory delineated by the borders of the state. The laws and powers of the state apply to people living in a certain territory. It itself is built not on the basis of consanguinity, religion or any other characteristic, but on the basis of the territorial and usually ethnic community of people.

3. Sovereignty, that is, supreme power in a certain territory. In any society there are many authorities: family, industrial, party, etc. But the highest power, the decisions of which are binding on all citizens, organizations and institutions, belongs to the state. Only he has the right to issue laws and norms that are binding on the entire population.

4. Monopoly on the legal use of force and physical coercion. The range of state coercion extends from restriction of freedom to physical destruction of a person. The ability to deprive citizens of the highest values, which are life and freedom, determines the special effectiveness of state power. To perform coercive functions, the state has special means: weapons, prisons, etc., as well as bodies: the army, police, security services, courts and prosecutors.

5. The right to collect taxes and fees from the population. Taxes are necessary to support numerous employees and to provide material support for state policy: defense, economic, social, etc.

6. Mandatory membership in the state and the impossibility of living outside the state. Unlike, for example, a political organization such as a party, membership in which is voluntary and not obligatory for the population, a person receives state citizenship from the moment of birth.

Determining the general characteristics of a state has not only scientific, but also practical political significance, especially for international law. The state is a subject of international relations. Only on the basis of possessing the qualities of a state are certain organizations recognized as subjects of international law and endowed with corresponding rights and obligations. In modern international law, three minimal characteristics of a state are distinguished: territory, people united by a legal union of citizens (citizenship), and sovereign power exercising effective control over at least the majority of the territory and population.

The characteristics noted above distinguish the state from other organizations and associations, but do not yet reveal its connection with society, the factors underlying its emergence and evolution.

Reasons for the emergence of the state.

The state appears as a result of the decomposition of the clan-tribal system, the gradual separation from society of a layer of leaders and their associates and the concentration of administrative functions, power resources and social privileges in them under the influence of a number of factors, the most important of which are:

a) the development of the social division of labor, the allocation of managerial labor in order to increase its efficiency in a special industry and the formation of a special body for this - the state;

b) the emergence during the development of production of private property, classes and exploitation (Marxism). Without denying the influence of these factors, most modern scientists still do not connect the existence of the state directly with the emergence of private property and classes. In some countries, its education historically preceded and contributed to the class stratification of society. In the course of historical development, as class oppositions are erased and society democratizes, the state increasingly becomes a supra-class, national organization;

c) the conquest of some peoples by others (F. Oppenheimer, L. Gumplowicz, etc.). The influence of conquests on the formation and development of the state is undeniable. However, it should not be absolutized, losing sight of other, often more important factors;

d) demographic factors, changes in the reproduction of the person himself. This refers primarily to the growth in population size and density, the transition of peoples from nomadic to sedentary lifestyle life, as well as the prohibition of incest and the regulation of marriage relations between clans. All this increased the need for communities to regulate the relationships of ethnically close people;

e) psychological (rational and emotional) factors. Some authors (T. Hobbes) consider the strongest motive motivating a person to create a state to be fear of aggression from other people, fear for life and property. Others (J. Locke) put in the foreground the reason of people, which led them to agree on the creation of a special body - a state that is better able to ensure the rights of people than their traditional forms of community life. The contract theories of the state are confirmed by some real facts. For example, a contractual system of reign existed in Ancient Novgorod, where an agreement was concluded with a prince invited for a certain period of time, the failure of which could lead to his expulsion. Under the direct influence of the “social contract” theory, the American state - the USA - was created. And yet, despite these and some others

Theories of the origin of the state.

The oldest of all is theological theory, which arose with the first slave states. Its representatives (in the Middle Ages - Thomas Aquinas, in our time - D. Euwe, J. Maritain) proceed from the fact that the source of state power is the divine will: the state has always existed, it is eternal and the people must obey it in everything. The basis of this theory is the belief in God, the divine principle of all things. However, other modern theories do not deny that priests played a certain role in the emergence of the state,

temples, religion, church. The state is a certain part of the universal order, the creator and ruler of which is God. The purpose and justification of the state is to provide man with a satisfactory means of subsistence, to provide a basis for moral and mental development.

One of the well-known since ancient times is the patriarchal theory. Its founder is Aristotle, who explained the origin of the state by the growth of the family and the transformation of paternal power over children into the state power of the monarch over his subjects, who are obliged to obey him, and he must show paternal care for them. Patriarchal theory interprets the state as big family, in which the relationship between the monarch and his subjects is identified with the relationship between the father and family members. The state, according to this concept, arises as a result of the union of clans into tribes, tribes into communities, and states. The monarch must take care of his subjects, and they, in turn, must obey the ruler.

According to supporters of the theory of violence (L. Gumplowicz, K. Kautsky), the state arose because in primitive society strong tribes conquered weak ones, and in order to manage the conquered territories and ensure obedience, they created a special apparatus of control and suppression. The state is the result of direct political action - internal or external violence, conquest. The consequence of the victory of the majority over the minority or of a stronger tribe over a weaker one is the establishment of a state for the winners. It becomes a governing body for the vanquished. As a result of conquest, not only the state arises, but also the division of society into classes and private property.

Political theory, along with class ones, identifies other reasons for the emergence of the state:

a) deepening the social division of labor, separating management into a special branch of social activity in order to increase its efficiency. As the productive forces, expansion of economic and other ties, consolidation of human communities, society has a need to strengthen management functions and concentrate them in certain persons and organs;

b) demographic factors, changes in the reproduction of the person himself. This refers to the growth in population size and density, the transition of peoples from a nomadic to a sedentary lifestyle, the prohibition of incest and the regulation of marriage relations. All this increased the need of society to regulate the relationships between people living in a certain territory. Some other factors influencing the formation of a state (geographical, ethnic, etc.) are also identified. So, the emergence of statehood is due to many reasons, among which various concepts usually single out one as the determining factor. The state arises, exists and develops as a result of the complication of economic and social life, a form of satisfying the needs for ordering, regulating and managing public affairs.

2 Concept of state form refers to its most important characteristics. It makes it possible to establish how the state is structured, in what forms the functioning of state power is organized, by what bodies it is represented, what is the order of their formation and activities, the term of office, and finally, by what methods is state power exercised in the country.

Highlight three main elements in the form of a state:

form of government

form of territorial (state) structure

political (state) regime. IN Together, these elements reveal the form of the state.

The form of government is usually understood as the organization of the supreme state power: its highest and central bodies, their competence, relationships among themselves and with the population. Depending on whether the supreme power in the state is exercised by one person or by a collegial elected body, a distinction is made between monarchical and Republican forms of government.

Monarchy has the following legal signs:

1) this is usually sole rule;

2) power the monarch is of an indefinite, lifelong nature and inherited;

Highlight two types of monarchical form of government: absolute (unlimited) and limited (parliamentary) monarchy.

IN absolute In a monarchy, the power of the monarch is unconditional and is not limited by any other power. There are no representative institutions in the state, the people are excluded from state power and have no opportunity to control the management of the state. This type of monarchy is characteristic of ancient forms of government during the period of slavery and of states of eastern despotism.

IN limited In a monarchy, the power of the monarch is limited by the constitution and the representative body (parliament). The monarch does not have full power and shares it with parliament. In general, the monarch primarily performs a representative role and symbolizes the unity of the nation and the stability of the legal order.

Currently, a limited monarchical form of government exists in Great Britain, Spain, Sweden, Norway, Japan, and an unlimited form of government in Saudi Arabia, Kuwait, the United Arab Emirates (UAE), etc.

For republican form of government the following legal signs:

1) the highest bodies of power are formed by elections for a certain period, or positions in them are filled by appointment for a certain term. This means that there are no permanent positions in the republic, and they cannot be inherited.

2) officials bear political and legal responsibility for failure to fulfill or improper performance of the powers assigned to them. This responsibility is expressed in the form of resignation of the government, dissolution of parliament, etc.

The republican form of government is also one of the ancient ones. There were also republics in the slave-owning world, under the feudal system (aristocratic republic in Ancient Rome or democratic in Ancient Greece, Novgorod and Pskov republics in feudal Rus').

Highlight two types of republics: presidential and parliamentary. The distinction between these two forms is made mainly by the order in which the government is formed and his responsibility. All other signs are considered additional.

IN presidential In a republic, the head of state independently decides on the formation of the government, is free to choose ministers and can dismiss any member of the government or disband the entire government. The parliament in a presidential republic has no powers regarding the formation of the government, and the latter is not responsible to the parliament. In addition, the head of state does not have the right to dissolve parliament, and parliament has the right to raise the issue of removing the president from office in cases provided for by the constitution. In this type of republic, the president often combines his post with the post of head of government.

IN parliamentary the republic government is being formed parliament (the party with a parliamentary majority), and it is responsible for his activities before him. This means that parliament has the right to declare a vote of no confidence in the entire government or its individual member, and this entails the automatic resignation of the minister or the entire government from his post.

The presidential republics currently include the USA, Brazil, Syria, Mexico, France, etc. The parliamentary republics include Italy, Turkey, Finland, etc.

In their “pure” form, presidential and parliamentary republics are rare today. Widely used mixed forms, For example, semi-presidential or semi-parliamentary republics. In such models, the power of parliament is either limited and strengthened executive branch or, on the contrary, the role of the president is reduced. For example, in a presidential republic the responsibility of some ministers to parliament is established (Uruguay, Colombia, etc.), and in parliamentary republics the vote of no confidence that the parliament has the right to pass is limited, in particular, by establishing an increased quorum (for example, Germany).

The concept of the form of government refers to the characteristics of the territorial organization of the state.

3 State mechanism- is an integral hierarchical system of state bodies and institutions that practically exercise state power, tasks and functions of the state.

It is necessary to highlight the following characteristic features of the state mechanism.

This is an integral hierarchical system of government bodies and institutions. Its integrity is ensured by common principles of organization and activity of state bodies and institutions, common tasks and goals of their activities.

The primary structural parts (elements) of the mechanism are government bodies and institutions in which civil servants (officials, sometimes called managers) work. State bodies are interconnected by the principles of subordination and coordination.

To ensure state power, it has direct instruments (institutions) of coercion corresponding to the technical level of each era - armed detachments of people, prisons, etc. Not a single state can do without them.

With the help of the mechanism of the state, power is practically exercised and the functions of the state are performed.

There is a direct connection between the functions of the state and its mechanism. Due to the fact that the mechanism is precisely created to perform the functions of the state, the latter plays a decisive role in this regard. State bodies and institutions are forced to adapt to its changing functions. If, for example, functions arising from class or national contradictions take precedence in society, then, following this, elements of the state mechanism such as bodies and institutions of violence and coercion inevitably come to the fore.

In general, the concepts of “mechanism” and “apparatus” of the state are identical in scope and content. It is believed that the term “mechanism” only emphasizes the integrity of the apparatus, its focus on effective activity.

Thus, the functions of state power are implemented through the apparatus of control and coercion, which is called the state apparatus. The presence of an extensive system of government bodies and organizations, as mentioned above, is the main attributive feature of the state.

4 The rule of law is a political organization of society based on the rule of law, creating conditions for the most complete provision of human rights and freedoms; citizen, as well as consistent restrictions on state power in order to prevent abuse on its part.

Distinctive features of a rule of law state:

1. The rule of law, first of all, presupposes the existence of civil society.

In the modern interpretation, civil society is a society with developed economic, cultural, legal and political relations between its subjects, independent of the state, but interacting with it, a society of citizens of high social, economic, political, moral and cultural status, creating together with the state developed legal relations.

2. Power sharing. As is known, the theory of separation of powers proceeds from the fact that in order to ensure the normal functioning of the state, there must be branches of power that are relatively independent from each other: legislative, executive and judicial. This prevents the concentration of power in the hands of one person or body. In this case, each power performs its own function, which other powers are unable to perform. The legislative branch passes laws, the executive branch ensures their execution, the judicial branch makes decisions based on them, and can bring to court both members of legislative bodies and members of the government, as well as private individuals.

3. Rule of law. This feature of a legal state means that not a single government body, official, public organization, or person is exempt from the obligation to obey the law. The state, subject to legal norms, becomes one of the subjects of law and in this capacity has equal rights with other subjects. Without legal equality between the state and the individual, neither law nor the rule of law can exist. Any attempt by a state body or an official to go beyond the Limits of the law and put himself above people should be regarded as an offense. The rule of law also means that the state does not have the right to make laws that contradict the so-called natural law, and at the same time it is obliged to pass all laws that ensure natural human rights.

4. The reality of the rights and freedoms of citizens. In a rule-of-law state, the rights and freedoms of citizens must not only be proclaimed, but also guaranteed by the state. As already noted, such guarantees can be the legislative establishment of conditions under which it is possible to restrict rights and freedoms or the adoption of laws detailing the rights and freedoms proclaimed in the constitution.

5. Political and ideological pluralism. A legal state is unthinkable without the existence of numerous political organizations, parties and opposition.

In this way, civil society and the rule of law represent mutually presupposing and complementary aspects (dynamic and static) of a legal society. In this society, the spontaneous and rational principle, freedom and order are balanced and subordinated to universal norms, organized in such a way that not only does not suppress, but, on the contrary, promotes the manifestation of independence and independence of a person, the development of his individuality.

5 Concept, characteristics and essence of law

The word “right” has many meanings and has a rich, varied content. Firstly, it is used in a general social sense (moral law, law of peoples, etc.), within which we're talking about about moral, political, cultural and other possibilities in the behavior of subjects (for example, the moral right to lead a team; act according to conscience; change your appearance, following fashion; the right of a member of a public association, etc.).

Secondly, this term denotes a certain legal possibility of a specific subject. IN in this case such a right is called subjective, belonging to the individual and depending on his will and desire (the right to education, to work, to use cultural values, to judicial protection, etc.).

Thirdly, law is understood as a legal instrument associated with the state and consisting of a whole system of norms, institutions and industries. This is the so-called objective law (constitution, laws, by-laws, legal customs, regulatory agreements).

Our object of consideration is law precisely in this last sense. Within the framework of this understanding, law is a system of generally binding, formally defined legal norms expressing the consolidated will of society (the specific interests of various classes, social groups, strata), established and ensured by the state, and aimed at regulating social relations.

Right - social institution having its own nature. The specificity of law is manifested in its characteristics, which are contained in the above definition. These signs are as follows:

1) law was of a volitional nature, for it is a manifestation of the will and consciousness of people, but not just any will, but primarily the state-expressed will of classes, social groups, elites, and the majority of members of society;

2) universal bindingness, which embodies the sovereignty of the state, meaning that there is no one above the official, public authority in society and there cannot be anyone and that all accepted norms of law apply to all or a large circle of subjects;

3) the normativity of law lies in the fact that it primarily consists of norms, i.e. general rules behavior that regulates a significant range of social relations;

4) the connection with the state is that the law is largely accepted, applied and enforced by state power. The state functions in order to guarantee compliance with legal norms;

5) the formal certainty of law lies in the fact that the rules of law have an externally expressed written form, must be clearly objectified, precisely defined, and embodied externally;

6) the systematic nature of law is manifested in the fact that it is not a mechanical set of legal norms, but an internally consistent, ordered organism, where each element has its place and plays its role, where legal regulations are interconnected, arranged in a certain hierarchical manner, grouped by industry and institutions.

The essence of law is a tough nut to crack. It is not so easy to identify and establish, therefore, purely methodically, when considering the essence of law, it is important to take into account two sides - formal and substantive. From a formal point of view, any law by its nature is primarily a regulator and stimulator of social relations. However, if, when analyzing the essence of the right, one is limited to this aspect, then the right in different eras and in different states will be the same in essence, and we will never be able to know the essence of the law of a particular society. For example, slave ownership Ancient Rome and modern Italian law are far from identical in essence.

Therefore, it is necessary to turn to the substantive side, which allows us to answer the following questions: whose interests does this regulator primarily serve, what functions does it carry out as a priority?

History and social practice convincingly show that law can be used for various purposes as a means of primarily satisfying the needs of certain class, social, religious, national, racial and other interests.

Based on this, it is possible to identify corresponding approaches to the essence of law. Chronologically, the first is the class approach, within which law is defined as a system of legal norms guaranteed by the state, expressing the state will of the economically dominant class, elevated to law. Here the law is used for narrow purposes as a means to ensure mainly the interests of the ruling group.

6 Sources of law. Regulatory legal act as the main source of law

In order to become a reality and successfully perform the functions inherent in law, it must have its own external expression, which is called the source of law. In the Russian legal system, the following sources of law are usually distinguished: legal custom; act of referendum; legal act. Among the sources of Russian law, the most important place is occupied by normative legal acts. A regulatory legal act is a decision of a competent authority expressed in writing, which contains a rule of law. Among the regulatory legal acts should be called laws, decrees, decrees, resolutions, orders, decisions, etc. The system of regulatory legal acts in each country is determined by the constitution, as well as special laws issued on its basis, regulations on certain state authorities, government regulations. Thus, according to the current Constitution of Russia, it is provided that the highest representative and legislative body of Russia - the Federal Assembly (parliament) adopts laws and regulations. The President, as the head of state, issues decrees and orders. The Government of the Russian Federation issues decrees and orders. Subjects of the Russian Federation, within their competence, adopt laws and other regulations.

All regulatory legal acts are divided into two groups: laws and regulations. The basis of this classification is the legal force determined by the position of the body that issued the normative act. Depending on this, a strict hierarchy, a certain arrangement system, and subordination of legal acts are established. A law is an act of a representative government body, issued in accordance with the established procedure, regulating the most important social relations and having the highest legal force. By legal force The following laws are distinguished: constitutional; current (regular); emergency. The remaining normative acts are issued on the basis and in pursuance of the law - by-laws.

The following by-laws are distinguished: decrees; orders; regulations; orders; solutions; instructions. By-laws must comply with the law. If a by-law contradicts the law, the rule of law is applied. Depending on the bodies that issued this or that regulatory act, as well as on the territory to which it applies, regulatory acts in a federal state are divided into two groups: federal and federal subjects (republic, territory, region). The first ones apply to the entire territory of Russia. The latter have legal force in a certain territory. In case of discrepancies between federal regulations and regulations subjects, the former have priority over the latter.