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,
the relationship between society and the state, characterizes the flow
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
aggregate social system. She interacts with others of her
subsystems: social, economic, ideological, ethical,
legal, cultural form of its social environment, its social
resources along with its natural environment and natural resources (
demographic, spatial), as well as
foreign policy weapon. The centrality of the political system in
this structure of its external and internal environment is determined by the leading
the organizational and regulatory and 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 conflicting or consensual, etc.), political
legal status of the state (constitutional, with developed or not
developed legal structures), the nature of 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 consanguinity, with or without developed
civil relations, etc.).
The political system governing society should not dominate
it by suppressing and weakening other systems (despotic and
totalitarian type of political system) and be sufficiently viable,
so as not to enter long-term 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 (outlined 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. V
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 government), borders
political and economic management, spheres of political life
society and personal life of a person, etc. Determination of 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 that 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 agreement
management and self-government, centralized space
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 the forms of power, the formation
states of any new type, for example, the transition from political
systems of feudal society (with relationships 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 apparatus, democratic institutions, etc.).
The historical process of the evolution of the political system includes a number of
patterns: 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 replaced by a crisis of centralism, decentralization
power and a new cycle of contradictions between these two principles (in the transition from
ancient empires to early feudal fragmentation, from feudal
monarchy to a bourgeois state, from imperialism the end of the 19th-first
half of the 20th century towards the progress of democratization), the general process of complication
system and its subsystems (the emergence and multiplication of parties, the development
associations, etc.), formalization of the system, its legal design,
increased political participation, i.e. fuller inclusion of members
society into political life, in particular, the formation of democratic
institutions, general and direct elections, self-government, etc., 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 consensus),
development of the constitutional process and the system of sovereignty (authorities,
people, law, state-territorial entities, etc.),
the formation in the structure of the political system of mass processes (large
political mobilizations in support of social change or against
them, during election periods, etc. The growth of administrative apparatus, bodies
coercion, army, propaganda, educational, educational
institutions carrying out political socialization, etc.), the 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 at a certain
territory with the help of state power, which is binding on all of its
State functions. Internal:
protection of the existing political system, social-political structure of society, order and law,
protection of human rights;
household-org, obsh-ek;
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
are subdivided into:
unitary;
federal;
confederation.
According to the watered 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 limited sovereignty of the state, the cat is replacing
absolute sovereignty;
decentralization of state power;
integration of ec and political life on the one hand and revitalization 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 bureaucratic apparatus and reducing the cost of its
By the term "state" we denote 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 that is above society and independent of it, and
a certain type of legally regulated social behavior,
existing in specific space-time conditions. State
It is not a physical phenomenon that can be detected with the help of 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 relationships between people, legally regulated
by those who are authorized to do so.
The state is a collective phenomenon that exists in a specific
spatio-temporal context. Spatio-temporal nature
of the state is conditioned by the fact that the legal order operates
in a specific area at a specific time. Legal order
a certain state does not work forever and not in all states. His
the applicability is narrowed down to a given territory during a given period.
So, the state is a complex social phenomenon, a distinctive feature
which is the compulsory regulation of people's behavior through
regulatory norms.
The state is a political community, the constituent elements
which is territory, population and power. Territory is
the 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 invasion from
parties of other states and individuals.
The second constituent element of the state is the population, that is
the human community that lives on its territory and obeys 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 common features of culture and historical
consciousness. People belonging to a nation possess more or
less pronounced consciousness of entering a community that is different from others.
National consciousness presupposes identification with common cultural
values, as well as the presence of emotional solidarity ties between persons,
belonging to the same nation.
The population of a state can consist of one people or be
multinational. Even when different national
groups existing on the territory of one state, it extends
political power, relations between them are often tense, and in
special cases and conflict. In multinational states, the internal
the conflict can pose a threat to political stability, since
separatist national movements that arise in such cases
strive to create an independent state. In some cases
separatist movements are waging an armed struggle in the form of a terrorist
activities for the achievement of national independence.
The third constituent element of the state is power, other
words, the relationship of domination and subordination that exists between the political
the elite and the rest of society.
So, the state is a political integrity 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, possessing legal
the right to use coercion.
Power concept
Power - the relationship of domination and submission that exists between
the political elite and the rest of society.
The political elite forcibly imposes power, using
legal norms. The coercive nature of legal rules is reflected in
insofar as their violation allows state bodies to apply
sanctions. Power is exercised through these norms. Legal regulations
establish exactly what to do, although this is never done in
fully. To the extent that the majority of the population of a particular
the state complies with these standards. Thus, 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 over whom domination is exercised,
must recognize the authority of those who rule at the moment. If to
authorities show disrespect, rulers, rely on
institutionalized apparatuses of violence, can impose sanctions,
provided by the political system. The political elite is forced
use institutionalized violence on an ongoing basis only in
exceptional cases, since it has sufficiently effective
managing collective behavior by means of direct and indirect
beliefs. Institutionalized violence is the final argument
which the political elite resorts to when social habits are
subordination and its sociological legitimation are weakened and there is
the possibility of overthrowing the elite.
Elite members change, but institutionalized power
the state does not disappear from this, except for cases when these
changes are accompanied by the destruction of the state due to other reasons,
such as civil war or submission to another state.
The state is ruled by an elite made up of specific people, however
due to its institutionalization, it has a relative
stability that tends to go beyond the lives of individuals
and takes on 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 states, for organizing
national defense and the exercise of diplomatic relations. Skill
elites to lead national defense, regulate international
the relationship is so important that she can strengthen or lose her
power depending on the success or failure of success in this matter. Political
the sovereignty of their state in the world community.
So, performing 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 state affairs in general. For this, special bodies are created and
norms are formed to regulate the development of society. In tasks
elite includes not only ensuring the preservation and reproduction
existing public 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. V
any society has problems associated with the economy, defense,
legal proceedings, control over natural resources, health care,
provision of food, education, communications, etc .;
political elites are trying to soften them and, if possible, resolve them. Prestige
elites are closely related to the success or failure of these attempts. Therefore, in
political life is important not what the elite says about their actions, but what
what she really does. Between the goals that it claims or that
really sets itself the elite, and their implementation in the political
life, as a rule, there are many obstacles. In this case,
the following types of situations: full achievement of the set goals, their partial
achievement, their failure, and, finally, the emergence of unforeseen and
unwanted consequences.
Types of government
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 an individual in society and a certain
the type of political system existing 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 modes that
differ slightly from each other.
The ancient philosopher Aristotle gives two criteria by which one can conduct
classification:
1) according to the person in whose hands the power is;
2) by how this power is used.
“Correct” forms of the 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).
“Wrong” forms of the state are those in which the people in power
act in their own interests without caring for the welfare of society. TO
"Wrong" forms include: tyranny (power in the hands of a tyrant), oligarchy
(the ruling minority) and democracy (control of society
(majority) over power)).
Democracy was understood as a form of state in which the power
belongs to all or the majority of free citizens who obey the law.
This idea of democracy persisted until the end of 1868.
years, and since the Great
the French Revolution, the concept of democracy began to be applied not to forms,
but to the principles of the political structure of the state. There are two main
democratic principle: freedom and equality.
One of the fairly simple, widespread, classifications
political regimes - their division into totalitarian, authoritarian and
democratic. Typology of political regimes:
a) a democratic political regime;
b) a liberal political regime;
d) totalitarian political regime.
Politics
Politics is a field of activity related to relations between social
groups, the core of which is the problem of conquest, retention and
use of state power.
Any problem becomes political if its solution
connected 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 social activities... But
this is a special, specific area of activity. She represents
the totality of actions of social groups and individuals, as well as parties
on the implementation of their political interests and, above all, about
the conquest, use and retention of power.
The forms of political activity within political parties are different:
Disputes, disputes, 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 discussed, and most importantly - the implementation of agreed
action.
Political activity, like any other, is divided into
theoretical and practical.
The following types are characteristic of theoretical activity: cognitive,
predictive, value-oriented.
For practical activities: a wide range of types, depending on
specific sphere of political life, where political
actions: this is foreign policy and international relations, the 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 current law.
The basics of the legal status of an individual cover constitutionally
enshrined rights and freedoms. The concept of fundamental human rights and freedoms and
citizen can be formulated as follows: Constitutional
(basic) rights and freedoms belonging to him from birth (in due
cases due to his citizenship), protected by the state, constituting
the core of the legal status of an individual:
Enumeration in the Constitution of the Russian Federation of fundamental rights and freedoms
should not be construed as denying or diminishing other universally 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 areas of human activity. Her
the classification included the following components: a) socio-economic
rights; b) equality of citizens; c) democratic freedoms. Further
state legal science, using the classification framework,
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 names of the elements of the system of constitutional rights and
responsibilities based on the above classification. The scientist singled out
the following groups of fundamental rights, freedoms and obligations:
1) the rights and obligations of citizens in the field of socio-economic and
cultural life;
2) the rights and obligations of citizens in the field of state and public
political life;
3) the rights and obligations of citizens in the field of individual freedom.
However, the system of fundamental rights and freedoms is characterized not only by their
grouping, but also those priorities that the Constitution adheres to in their
sequential arrangement.
Administrative law
Management of society, ensuring public discipline and law and order
carried out with the help of active methods of targeted impact on
consciousness and behavior of people, as these methods are also 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
“Compulsion exists in every human community and is
a necessary element of any social organization. In a pre-class society
society - on the power of the state. Consequently, coercion by the closest
is connected with state power and determines the quality of this
authorities".
The decisive role in the fight against crime belongs to the state. It
has a special apparatus of coercion. Legal regulations determine why
state bodies can use the method of coercion "(grounds
coercion), types and amounts of coercive means (sanctions) and their procedure
applications. " State coercion, “mediated in law,
acts in the form of legal coercion and, as a rule, is expressed in
specific enforcement measures applied by the authorized
then state bodies (officials) in connection with non-performance
legal regulations. " In law, there are 4 types of legal (legal) measures
coercion:
Disciplinary, Material (civil), Criminal,
Administrative.
Administrative coercion is special, independent
a kind of legal coercion. "Administrative coercion plays
important role in the protection of law and order, includes a large number of means
suppression (detention of citizens, prohibition of the operation of mechanisms, etc.),
use stops antisocial actions, 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, in-
third, to prevent wrongdoing. "Administrative offense
(misconduct) is a negative social and legal phenomenon, since it is
harm to protected norms of administrative law ... public and personal
interests (benefits). Because of this, society (state) is forced to conduct
combating them through the establishment of appropriate legal prohibitions. "
Therefore, the purpose of the application of measures of administrative coercion is to “protect
public relations protected by law. "
Measures of administrative coercion can be applied as if available,
and in the absence of offenses (for example, in case of emergency
circumstances, if necessary, to prevent the commission of an offense).
Another opinion is expressed in the literature. So, D.N. Bahrach believes that
“Administrative coercion is a special type of state
coercion, consisting in the use by subjects of functional power,
compulsory measures established by the norms of administrative law in connection with
administrative offenses ". D.N. Bakhrakh notes that “any
a coercive measure should be considered as permissible as an exception
violation of the inviolability of the person and her rights. ... A measure of coercion
there can only be an individual act with a specific addressee. "
"Administrative coercion applies only to offenders in
cases and in the manner specified in the law. " He points out that “as in general
all means of state coercion, administrative measures
are used in connection with offenses. But they are applied in connection with
the presence of a special basis - an administrative violation. Insofar as
misdemeanors are less harmful than crimes of that administrative measure
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 authorities
(officials), the people's courts (judges) established by the norms
administrative law enforcement action 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:
"1. The basis for the application of measures of administrative coercion is
administrative violation, and in cases directly provided for
legislation is a crime that does not represent a large public
danger.
2. Measures of administrative coercion are applied to persons and bodies in
in relation to which the subject of administrative power is not superior in
the order of subordination and does not have in relation to them administrative
3. The subject of administrative power and the offender are not members
one collective and the latter is not directly subordinate in service to those
who applies measures of administrative coercion to him.
4. Administrative coercion is carried out by the state
administration and only in some special cases of 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 nomes of administrative law.
5. Are the result of the implementation of state and power powers and
consists in compulsion to execution by citizens and officials
legal obligations established by legal norms.
6. It is used to stop illegal actions, punishment
administrative offenders, ensuring public
security and the established rule of law.
7. Carried out within the framework of administrative procedural norms.
8. Promotes crime prevention.
9. Implemented on a strictly legal basis. ”
As already noted, the right to apply administrative-coercive measures
not everyone uses, but only specially authorized bodies
government controlled. This facilitates the control and supervision of the application.
coercive measures. Arbitrary assignment of powers of 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 established anti-social attitudes,
committing minor deviations from legal regulations. Exactly this
and determines the plurality and multiplicity of applied various
subjects of 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 conditions in which they operate.
Administrative coercion serves the purpose of ensuring public
discipline, law and order.
Administrative penalties are a type of legal
(administrative) responsibility is applied for the commission of certain
offenses. "Administrative penalty is a measure of responsibility
and is used to educate a person who has committed an administrative
an offense, in the spirit of ... a hostel, as well as the prevention of new
offenses both by the offender himself and by others. "*
Administrative penalty occupies a special place in the system of measures
administrative coercion. Their feature is as follows:
“- they have a pronounced sanctioning character, which makes them different from
other types of measures of administrative coercion, which are not
possess;
The educational impact of their use is the highest,
because it is achieved in a simple, quick and visual way;
Penalties can be applied not only by state bodies
management, but also other subjects of law enforcement;
All administrative penalties are imposed on the basis of a special
individual act of management - decisions or decisions;
The imposition of administrative penalties is carried out by authorized
to that by the police in a certain procedural order, in which
the nature of the offense, the identity of the offender is taken into account,
the degree of his guilt, property status, circumstances mitigating and
aggravating liability;
Are an effective means of implementing the institution of responsibility
(which means the obligation of a citizen or official to give
reporting your misconduct in public administration and
be punished in the form of 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 punishment. "
Currently, the following administrative penalties are applied
funds:
“1. Measures of moral influence. They are associated with minor
misdemeanors, usually committed by people accidentally and not having any
persistent antisocial attitudes. These include warning and
public censure.
2. Measures of personal influence. They consist in limiting subjective
rights and attachments to the violator of certain sufferings. "
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);
Paid seizure of an object that was an instrument of committing or
the direct object of an administrative offense (Art. 28);
Confiscation of an item that was an instrument of committing or
the direct object of an administrative offense (Art. 29);
Deprivation of a special right granted to this 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
by authorized state bodies (officials), and
in cases provided for by law - by the people's courts (people's judges), and
also by 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 enough
recently. This is not surprising since its meaning is that
the state must obey the law, which in fact means the prevalence
universal values over class ones. And in the state of the “victorious
proletariat "creators, founders and ideologists of which determined the right
as a phenomenon secondary to the state, as elevated to the law
the will of the ruling class - the proletariat to suppress resistance
the 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 away. The concept of the dictatorship of the proletariat assumed
unrestricted by law and based on violence, the rule of the proletariat over
the bourgeoisie.
However, already in the first post-October days and weeks, Lenin began to talk about
the need to comply with the rule of law. Another thing is that it was already so
called socialist legality, which supposedly embodied
the will of the working class, all working people, all the people, and in fact expressed
the interests of the party and state leadership. The prevailing 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 the authorities and administration in order to
Pravda is against open and unrelated terror. He approved
the resolution of the All-Russian Central Executive Committee on the cancellation of order No. 1 of M.A. Muraviev (commander-in-chief
on the defense of Petrograd), providing for reprisals without trial. In 1918
the first Soviet Constitution was adopted. In the early 20s, they begin
to operate the first codes of laws. The role of the court and the legal profession is increasing,
the sphere of state coercion is narrowing. The principle of unified legality was
hailed as fundamental. But already from the end of the 20s, the refusal began
from the scientific theory of Lenin's course in the construction of socialism, a departure
which is, in fact, counter-revolutionary.
The practical implementation of this counter-revolutionary policy was carried out
Stalin. Those deformations of socialism that are associated with its name were reduced to
there is no foundation of a socialist rule of law, erected
V.I. Lenin.
The return to the idea of the rule of law took place after the XX Congress of the Party,
when a fundamental break with the lawlessness of Stalinism took place,
socialist legality, extensive rehabilitation began to be carried out innocently
convicted, the bodies of extrajudicial repression were abolished,
simplified in essence, inquisitorial, the procedure for considering cases about, so
called counter-revolutionary actions. New possibilities were opened
in the Soviet state and legal construction. But the implementation of these
opportunities were hampered by the situation and conditions of the time of stagnation, when
the former political system of leadership of society increasingly revealed
its inconsistency and unsuitability, and a new one was not created.
Back in the 70s, in our legal science and literature, it became
discuss, albeit very timidly, the problem of the Soviet rule of law
as a direction of development and legal registration of the state of the whole people.
The development of this topic in the context of perestroika received not only
theoretical, but also practical value, especially after the decisions of Х1Х
conference of the CPSU On the formation of a socialist state.
Forgotten, the former, seemingly unshakable guidelines about the priority of the state
in the political sphere, about the inadmissibility of putting the right above the state.
It became obvious that our society would not end the horrors of Stalin's
totalitarianism, if it does not follow the path of recreating a fair
civil society and the implementation of the values inherent in it.
The acceptance of the rule of law by our society means
a revolution in the understanding of the relationship between state and law. Legal
the state presupposes, first of all, the rule of law over
the 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 constitutional), mutual responsibility
citizen and state.
Only with the presence and wide development of all of the above signs, it is possible
to speak with confidence about the creation of the rule of law.
The rule of law involves a combination of two aspects:
1.institutional legal (in the form of the legal organization of the system
state power)
2.regulatory (in the form of the rule of law)
It should be borne in mind that legal legality and legal
the organization should be such not only in name, but also in
RZ Livshits as “normatively secured and realized justice”.
Otherwise, law and legality may degenerate into auxiliary means
organizing, maintaining and justifying anti-legal orders.
The relationship between law and state is very complex. One side,
the main way of objectification of law goes through the law - the state
Act. At the same time, the state through a system of bodies - judicial,
investigative and other - ensures the actual implementation of legal
establishments. Moreover, it is clear that in this way the state is trying to
to realize their will, political interests that have a class
that the first, as a distinctive phenomenon, characterized by significant social
strength and independent value, acquires its properties of a special
institutional education 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, it reveals itself when
a democratic solution. Law as a phenomenon of civilization and culture
is formed and improved insofar as it is in accordance with
the principles of democracy limits state power, establishes
for the activities of state bodies consistently permissive
order, orders this power through the worked out procedural and
procedural forms.
Labor law (Labor Code of 11/24/96)
Article 1. Objectives of the Labor Code of the Russian Federation
The Labor Code of the Russian Federation regulates labor
relations of all workers, promoting 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 gradual transformation
work for the good 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, comprehensive 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 is free
agrees, the right to dispose of their abilities for work, to choose
profession and occupation; and the right to protection from unemployment.
Forced labor is prohibited. Every employee has the right:
For working conditions that meet safety and hygiene requirements;
For compensation for damage caused by damage to health in connection with
Equal pay for equal work without any
discrimination and not less than the minimum amount established by law;
Rest provided by the establishment of a maximum duration
working hours, reduced working hours for a number of professions and jobs,
the provision of weekly days off, holidays, and
paid annual leave;
To join trade unions;
Social security by age, disability and
other cases established by law;
To judicial protection of their labor rights.
The employee is obliged: to fulfill his labor duties in good faith;
observe labor discipline; take good care of the property of the enterprise,
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 labor
legislation of the Russian Federation and the republics within the Russian
Federation. On the territory of the Russian Federation, pending the adoption of the relevant
of legislative acts, the norms of the former USSR are applied to the extent that
contrary to the Constitution and the legislation of the Russian Federation, as well as
international agreements (treaties) with the participation of the Russian Federation.
Article 5. Invalidity of the terms of labor contracts that worsen
situation of workers / Conditions of labor 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 work collective and the corresponding elected
the trade union body has the right to establish at its own expense
additional labor and social
household benefits for employees of a collective or certain categories
workers.
Criminal law
The presence in the actions of a person of signs of corpus delicti does not mean yet,
that this person should in all cases be criminally liable with
application of punishment. If the act or the person who committed it
lose, for whatever reason, social danger by the time
investigation or consideration of the case in court, or the danger of the perpetrator
will be insignificant and he can be re-educated without the use of measures
criminal punishment, Russian criminal law allows for the possibility of
in the manner prescribed by law to release a person or from a criminal
responsibility, or from punishment. Also allowed is the possibility
exemption from serving certain types of punishment, if before full
after serving the sentence imposed by the court, the person proves his correction.
If we consider all the statutory grounds for exemption from
criminal liability and punishment by stages, then you can
classify in the following order:
1. A person is completely exempted from criminal liability until
bringing in as an accused.
In this case, the culprit practically does not bear any negative
the consequences of your crime.
This point does not include the initiation or termination of criminal
cases beyond the expiration of the statute of limitations, in consequence of the act of amnesty, in view of
pardoning individuals, for the application 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 his conviction by a court
exempted from criminal liability.
There are some negative consequences for the culprit here, but
cease before conviction.
This is the expiration of the statute of limitations (Article 48), as a result of the act of amnesty, from the fall
public danger of an act or person due to a change in the situation
(Article 50), transferring the case to a comrades' court (Article 512), bailing a person
(Article 52), referral of the juvenile case to the Commission on
minors (Article 10).
3. Person is convicted, convicted, but without appointment
punishment.
In this case, we mean Article 50 Part 2 - falling away of public
dangers of the person.
4. The person is convicted, a conviction is issued with an appointment
punishment, but with a postponement of its execution (Article 46).
5. The person is convicted, a conviction is issued with an appointment
punishment, but with release from serving it.
judicial trial; amnesty if the fact that the acts fall within
under amnesty, is found in the trial stage.
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 "state law" are often considered
synonyms. Indeed, approaching formally, it is easy to find that the circle
regulated by the relevant branch of public relations law in
countries where one or the other of these terms is used, approximately
is 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 "state law".
On closer examination of the issue, one can notice, however, that
the difference in terminology reflects (not always, but quite often) the essential
the 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,
the minimum features of which are judicial protection of human rights and
separation of powers. This happened later in Germany. It is noteworthy that
now in Germany the term "constitutional law" has begun to be used.
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
The independence of constitutional law in the legal system of any country
is 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
the exercise of state power. This is a relationship between a person
society and state and the fundamental relations that determine
structure of the state and its functioning.
An additional basis for the delimitation of constitutional law from others
branches of law is the method of legal regulation, that is, a set
methods and methods of legal impact on public relations.
The predominant form of constitutional and legal regulation of public
relationship is a method of binding. It is in this form that
most of the rules 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
The Constitution of the Republic of Cuba 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); "Any imperative mandate
is null and void "(Article 27 of the Constitution of the French Republic
Constitutional law also knows the method of authorization applied by
an advantage in regulating a person's status and
citizen, which in itself is natural, but also sometimes with
determination of the powers of state bodies.
In general, the constitutional and legal method of regulating public
relations is based on imperative principles. This is due
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 norms. At the same time, a considerable part of them in
in democratic states establishes the content and guarantees of the rights
person, which means appropriate restrictions for 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
the subjective choice of the ruling powers in the country. If, for example, the presence in
parliament of one or two chambers most often depends on the positions
interested political forces, primarily political parties, then
the number of deputies, say, in the House of National Representation
is often determined simply by the preference of the direct 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 basis
social system, the foundations of the organization and operation of the system
state bodies, and also self-government bodies.
This is the most general definition, covering the most significant objects.
regulation. Naturally, it ignores some of the more
private items such as government symbols.
In the literature, you can often find a shorter definition given by
usually Soviet state law. It was said to be an industry
law that regulates public relations related to
the exercise of state power. Constitutional law is
a complex system that includes many interacting parts and
elements that characterize it internal structure and isolate 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 governance and acceptance in it
decisions on the majority; ideal of social order: freedom,
equality, respect for human dignity, solidarity, etc .;
social and political movement for democracy. From the moment
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 more 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
freedom of a person, the real exercise of his rights, allowing him
to influence public administration of the society. Political
the elite is usually quite 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 can periodically replace them. The elections must be fair
competitive, regularly held. Under "competitive"
means the presence of various groups or individuals, free
nominate yourself. The elections will not be competitive if
some groups (or individuals) have the opportunity to participate, and
others are deprived of it. An election is considered fair if there is no fraud and
there is a special mechanism for fair play. Elections can be dishonest
if the bureaucratic machine belongs to one party, even if this
the party is tolerant of other parties during elections.
Taking advantage of the media monopoly
a party in power can influence public opinion to the extent that
that the elections can no longer be called fair.
2) Periodic election of the main bodies of the state. Government
born from elections and for a certain, limited period. For
the development of democracy is not enough to hold elections regularly,
it needs to be supported by an elected government. V
In Latin America, for example, elections are held frequently, but many
Latin American countries are out of democracy, because most
a common way to remove a president is a military coup, and
not an election. Therefore, a prerequisite for a democratic state
The persons exercising supreme power are elected, and
elected for a specific, limited term, change of government
should occur as a result of elections, and not at the request of some
general.
3) Democracy protects the rights of individuals and minorities. Opinion
majority, expressed democratically in elections, it is only
a necessary condition for democracy, however, is by no means insufficient.
Only a combination of majority rule and protection of minority rights
constitute one of the basic principles of a democratic state.
If, however, discriminatory measures are applied against a minority,
the regime becomes undemocratic, regardless of the frequency and
fairness of elections and change of the legally elected government.
4) Equality of citizens' rights to participate in government: freedom
the creation of political parties and other associations to express
their will, freedom of opinion, the right to information and to participate in
competitive struggle for taking leading positions in the state.
Depending on how the people participate in government, who and how
directly performs power functions, democracy is divided into a straight line,
plebiscite and representative.
In direct democracy, all citizens themselves are directly involved in
preparation, discussion and decision-making. Such a system can 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 one room for discussion and adoption
decisions by consensus or majority vote. The first democracy in the world
in ancient Athens carried out direct democracy through meetings, in
which was attended by 5-6 thousand people.
An important channel for citizens' participation in the exercise of power is
plebiscite democracy. The difference between it and direct democracy is
that direct democracy involves citizen participation in all critical
stages of the ruling process (in preparation, political decision-making
and in monitoring their implementation), and in a plebiscite democracy
the possibilities of political influence of citizens are relatively limited,
for example, referendums. Citizens by voting are provided
approve or reject one or another draft law or another decision,
which is usually prepared by the president, government, party or
initiative group. Opportunities for the majority of the population to participate 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 making political decisions, in passing laws and
implementation of social and other programs. Election procedures can
be the most diverse, but whatever they may be, elected officials in
representative democracies hold office on behalf of the people and
accountable to the people in all their actions.
Democracies are different, but they all have in common
unifying features:
1. Democracy - i.e. recognition of the people as a source of power, a sovereign (from
French SOUVERAIN - the bearer of the 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. The 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
Of the Russian Federation, human and civil rights and freedoms. In the 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 consistent functioning and interoperability
government bodies.
3. The President of the Russian Federation in accordance with the Constitution
Of the Russian Federation and federal laws
defines the main directions of domestic and foreign policy
the state.
4. The President of the Russian Federation, as the head of state, represents
The Russian Federation within the country and in
international relations.
1. The President of the Russian Federation is elected for four years by citizens
Of the Russian Federation on the basis of a universal, equal and direct electoral
2. A citizen may be elected President of the Russian Federation
The Russian Federation is at least 35 years old, constantly
residing in the Russian Federation for at least 10 years.
3. One and the same person cannot hold the office of President of the Russian
Federation for more than two consecutive terms.
4. The procedure for the election of the President of the Russian Federation is determined
federal law.
1. On assuming office, the President of the Russian Federation brings
to the people the following oath:
"I swear in the exercise of the powers of the President of the Russian Federation
respect and protect the rights and freedoms of man and citizen, observe and
defend the Constitution of the Russian Federation, defend the sovereignty and
independence, security and integrity of the state, to serve faithfully
2. The oath is taken in a solemn atmosphere in the presence of members
Federation Council, State Duma deputies 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 preside over meetings of the Government
Russian Federation;
c) makes a decision on the resignation of the Government of the Russian Federation;
d) presents to the State Duma a candidate for appointment to
position of the Governor 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
Federation;
e) at the suggestion of the Chairman of the Government of the Russian Federation
appoints and dismisses deputy chairpersons
The 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
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 post 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
the doctrine of the Russian Federation;
i) forms the Administration of the President of the Russian Federation;
j) appoints and dismisses plenipotentiary representatives of the President
Russian Federation;
k) appoints and dismisses the high command of the Armed Forces
Russian Federation;
l) appoints and recalls after consultation with the relevant committees
or the commissions of the chambers of the Federal Assembly of diplomatic representatives
Of the Russian Federation in foreign states and international
organizations.
President of Russian Federation:
a) appoints elections to the State Duma in accordance with the Constitution
The Russian Federation and federal law;
b) dissolves the State Duma in the cases and in the manner provided for
The Constitution of the Russian Federation;
c) appoints a referendum in accordance with the procedure established by the federal
constitutional law; d) submits 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
the state.
1. The President of the Russian Federation may use conciliatory
procedures for resolving differences between
government bodies of the Russian Federation and bodies
state power 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 transfer the resolution of the dispute to
consideration of the appropriate court.
2. The President of the Russian Federation has the right to suspend the validity of acts
executive authorities of the constituent entities of the Russian Federation in case
contradictions of these acts of the Constitution of the Russian Federation and federal
laws, international obligations of the Russian Federation or violation
human and civil rights and freedoms until this issue is resolved
by the appropriate court.
President of Russian Federation:
a) manages the foreign policy of the Russian Federation;
b) negotiates and signs international treaties of the Russian
Federation;
c) signs the instruments of ratification;
d) accepts the letters of credence and recall of those accredited with him
diplomatic representatives.
1. The President of the Russian Federation is the Supreme Commander-in-Chief
By the Armed Forces of the Russian Federation.
2. In the event of aggression against the Russian Federation or direct
the President of the Russian Federation introduces threats of aggression on the territory
The Russian Federation or in some of its localities 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 by federal constitutional law, introduces on the territory
The Russian Federation or in some of its localities a state of emergency with
immediate notification of this to the Federation Council and the State
President of Russian Federation:
a) resolves issues of citizenship of the Russian Federation and the provision of
political asylum;
b) awards state awards of the Russian Federation,
confers honorary titles of the Russian Federation, higher military and higher
special titles;
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 binding on
performance throughout the Russian
Federation.
3. Decrees and orders of the President of the Russian Federation should not
contradict the Constitution of the Russian Federation and federal laws.
The President of the Russian Federation has immunity.
1. The President of the Russian Federation begins to exercise his powers from
the moment they take the oath and terminate their execution with the expiration of the term
his tenure from the moment of taking the oath to the newly elected
2. The President of the Russian Federation terminates the exercise of powers
early in the event of his resignation,
inability for health reasons to exercise his
powers or dismissals. Moreover, the elections
The President of the Russian Federation must take place 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
fulfill their duties, they are temporarily
performed by the Chairman of the Government of the Russian Federation. Performer
the duties of the President of the Russian Federation has no right to dissolve
The State Duma, to call a referendum, as well as to 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 State Duma deputies and
in the presence of the 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 brought 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 a modern democratic
societies are political parties.
Etymologically, “party” means “part”, “separateness”, element
political system.
THE 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 constituted a characteristic,
an essential feature of political history. But such organizations
which we call political parties originated in Europe and the United States in
the beginning of the nineteenth century.
There are many approaches to defining the essence of political
1) understanding the party as a group of people adhering to the same ideological
doctrine (B. Constant).
2) the interpretation of a political party as an exponent of 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 lots:
the party is the bearer of ideology;
party is a long-term association of people;
the party's goal 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
fuzzy and often erased.
Party formation was quite lengthy and difficult
process. Initially, 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 massive and permanent party was the Liberal Party
in England (since 1861). The reasons for the emergence of mass political parties
served 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 inside them -
groups promoting programs somewhat different from the general, basic
party programs. The existence of different factions in the party makes it
policy is more flexible, as it helps it to maintain its
influence among various groups of voters.
Party policy is developed in the course of the internal party political
struggle between different factions and trends. Governing bodies
many parties are composed on the basis of representation from
different factions. Party programs usually emphasize their
intentions to serve the interests of certain social groups, the majority
citizens of the whole country. In practical politics, parties seek to take into account
win democratic elections.
By the nature of the doctrines, parties are divided into:
revolutionary;
reformatory;
conservative;
reactionary.
According to the place and role of parties in the political system, they are divided into:
state (party ideology becomes state, party
forms the state management system);
the political regime and those who enjoy it);
parliamentary (operating in competitive political systems).
There is a classification of parties according to the criterion of the organizational structure:
centralized;
decentralized;
personnel;
massive;
parties with formally defined principles of membership;
parties with free membership.
By the type of party leadership, parties are:
collective leadership;
collective leadership with a clearly expressed supremacy of the leader;
personal leadership;
charismatic leadership;
consensual leadership.
Political parties in modern societies perform the following functions:
representation - the expression of the interests of certain groups of the population;
socialization - involving part of the population in the number of its members and
supporters;
ideological function - the development of attractive for a certain part
societies of the political platform;
participation in the struggle for power - 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, four types of party
bourgeois democratic party system
Formed in Europe and North America in the 19th century. In its
activity is guided by the following rules:
there is a legal struggle for power in society;
power is exercised by a party or a group of parties that secured
support of the parliamentary majority;
there is constant legal opposition;
there is agreement between 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
is able to independently exercise power;
modified bipartisan coalition is not one of two main parties
does not collect an absolute majority and they are forced to cooperate with
in third installments;
two-bloc coalition - two main blocs are fighting for power, and the parties,
those outside the blocs do not play a significant role;
dominance coalition - one party independently exercises power on
over a long period;
coalition of cooperation - the strongest parties are long and stable
cooperate in the exercise of power.
socialist (fascist) party system
there is only one legal party;
the party runs 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 dominant
the factor is the state, and not the party that plays a secondary
role in the exercise of power. 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 candidacy of the Chairman of the Government of the Russian
Federation is entered no later than two weeks after joining
the post 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 date
rejection of the candidacy by the State Duma.
3. The State Duma considers the
Of the Russian Federation the candidacy of the Chairman
Of the Government of the Russian Federation within a week from the date of submission
candidacy proposals.
4. After rejecting the nominations for Chairperson 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 appoints new elections.
1. The Chairman of the Government of the Russian Federation no later than one week
of the term after 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
Of the Russian Federation candidates for the positions of Deputy Chairmen
The 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
The President of the Russian Federation determines the main directions
activities of the Government of the Russian Federation and organizes its work.
1. The Government of the Russian Federation:
a) develops and submits to the State Duma federal
budget and ensures its execution; represents to the State Duma
report on the execution of the federal budget;
b) ensures the holding in the Russian Federation of a unified financial,
credit and monetary policy;
c) ensures the holding in the Russian Federation of a unified
state policy in the field of culture, science,
education, health care, social security, ecology;
d) manages 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, rights and freedoms of citizens,
the protection of property and public order, the fight against crime;
g) exercises other powers assigned to him by the Constitution
Of the Russian Federation, federal laws, decrees of the President of the Russian
Federation.
2. The procedure for the activity of the Government of the Russian Federation is determined
federal constitutional law.
1. On the basis of and in pursuance of the Constitution of the Russian Federation,
federal laws, regulatory decrees of the President of the Russian Federation
The Government of the Russian Federation issues decrees and orders,
ensures their execution.
2. Decrees and orders of the Government of the Russian Federation
are mandatory in the Russian Federation.
3. Resolutions and orders of the Government of the Russian Federation in
if they contradict 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
Of the Russian Federation resigns.
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. No confidence order
The Government of the Russian Federation is adopted by a majority of votes from
the total number of deputies of the State Duma. After the 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
Of the Russian Federation either disagree with the decision of the State Duma. V
if the State Duma within three months re-expresses
no confidence in the Government of the Russian Federation, President of the Russian
Federation announces the resignation of the Government or dissolves
The State Duma.
4. The Chairman of the Government of the Russian Federation may put before
State Duma, the question of confidence
To the Government of the Russian Federation. If the State Duma is in confidence
refuses, the President makes a decision on resignation within seven days
The Government of the Russian Federation or on the dissolution of the State Duma and
the appointment of new elections.
5. In the event of resignation or resignation, the Government of the Russian
Federation on behalf of the President of the Russian
The Federation continues to operate until a new Government is formed.
Russian Federation.
Separation of powers
An important element of the rule of law besides the rule of law is
separation of powers. The power-sharing theory is at the core of Western
concepts of the rule of law.
The rigid framework of an absolute monarchy in Russia was not conducive to
theoretical perception and practical implementation of ideas by Russian scientists
separation of powers, forced researchers to take a compromise
position, expressed in denying the possibility of "divisibility" of the state
power, limiting itself only to the distribution of functions of state power.
Russia entered the phase of the revolution, without fully passing through the era
parliamentarism. The idea of the Soviets has completely supplanted this idea. New concept
state power proceeded from its unity. Belonging to power
workers and peasants expressed in the completeness of the functions of the Soviets. The concept of "power
workers "was accompanied by a clear delimitation of the functions of the Soviets, bodies
management, court, prosecutor's office.
However, the separation of power and control proved to be unsuccessful. The Supreme
The council was not supposed to decide questions of public administration.
The government did not become the organ of our representative body,
becoming the supreme executive and administrative authority. On
practice, this led to a decrease in the role of Soviets at all levels and a sharp
strengthening of the administrative apparatus in the form of the party elite.
The 1977 USSR Constitution, with the expansion of formal democracy by the people, gives
The Supreme Soviet of the USSR and other broad functions, in addition to legislative. But
and she did not prevent the deformation of power and concentrated it in her hands
party and state elite. Did not play an independent role and
law enforcement agencies. Amendments to the USSR Constitution of 1988. allowed
introduce new moments, strengthening the dual legislative power, raise
the role of law by the Presidium's loss of the right to issue normative decrees
character, the introduction of the institution of constitutional supervision, strengthening
accountability of executive bodies to the Councils, enhancement of the role of the court. AND
nevertheless, 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 rule-of-law state, separation
authorities are inevitable. Through the separation of powers, the rule of law
organized and operated in a legal way.
The principle of separation of powers has two aspects. First is the separation
power between the bodies of the state themselves. None of the organs
all state power belongs to its full extent. Is prohibited
carry out functions belonging to another body. But separation of powers
not absolutely. It is a working mechanism that achieves unity on the basis of
harmonization and special legal procedures provided for including
in case of conflict and extreme situations.
At the same time, some kind of power must still come out on top, take
supreme position. From the point of view of the logic of the rule of law, such
power is vested in the legislature, since it forms legal
the scale 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. Formed on the basis of general and direct elections. Election procedure
established by federal law. In the Supreme Council are represented as
all citizens of the Russian Federation and all subjects of the federation. It consists of two chambers:
The State Duma and the Federal Assembly. With an exclusive right
the adoption and amendment of laws, the Federal Parliament determines on the basis of
constitutions, the framework within which both legislative and executive operate,
and the judiciary.
The strongest means of influence of parliament on the executive branch
is the approval and control over the execution of the budget, participation in
the appointment of the head and members of the government, and in necessary cases- and
displacement of individual members of the government; control over activities
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
carries out the general management appointed by him with the consent of the Federal
Parliament, the Government, which is simultaneously under the control
parliament. The President leads the executive branch and represents
The Russian Federation in internal and external relations. Under the direction of
President, implementing 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 checks, the executive
the authorities inevitably crush the legislative and judicial ones. That's why
special guarantees are needed against it. The executive branch is formed
representative bodies, controlled and accountable to them, acts on
based on and pursuant to laws.
The judiciary is the third necessary branch of government in
the mechanism of separation of powers. It is an arbiter who decides disputes about law. V
In a state governed by the rule of law, justice is administered only by the court. In that -
the most important guarantee of the rights and freedoms of citizens, legal statehood in
the whole. The court should not substitute itself for the legislator or the executor. But not
neither the legislator nor the executor should arrogate to themselves the functions of the court.
In this regard, the most important thing is to ensure real independence.
courts from various kinds of bodies and persons who would dictate their will to him and
actually usurped the judiciary. Therefore, judges, other than magistrates
judges are irreplaceable. They retire when they turn 70
age. Judges should be appointed by the higher authorities. Expression
the equality of citizens before the law is the jurisdiction of the general court,
inadmissibility of expanding the jurisdiction of special courts. Common Courts System
chaired by the Supreme Court of the Federation - the highest judicial authority in the field of
civil, criminal and administrative proceedings. He can
supervise the judicial activities of the higher courts of the republics,
edges, regions, district courts. Powers, organization and order
the activities of the Supreme Court of the Russian Federation is established by federal law.
In court, it is advisable to consider also economic disputes
enterprises, organizations and institutions, since the judicial procedure gives
the disputing parties have more legal opportunities to make a reasoned
and a fair decision.
Political culture
Polit culture is an integral part of the national culture. it
first of all, the experience of humanity, 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, determine the watered behavior of people.
Functions of polit culture.
Cognitive function - the formation of the necessary general political
knowledge, views, beliefs and political competence.
Integrative - achievement based on generally accepted political cult values
consent within the framework of the existing political system and the political
Communication function allows you to establish communication between participants
watered the process both "horizontally" and "vertically" in accordance with
the hierarchy of the watered system.
The function of ensuring social progress is closely related to the communicative function. it
means that political culture creates conditions for effective development
watered system and society as a whole.
The normative and regulatory function of the prince in the formation and consolidation in
public consciousness of the necessary politic values, attitudes, goals,
motives and norms of behavior.
The educational function makes it possible to form a personality,
citizen.
Politics of the subculture. Political culture of a society cannot be absolutely
homogeneous. The diversity of interests of different communities gives rise to
different models of polit culture - 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 polit culture. Differentiation of polit cultures is carried out in
according to one criterion or another.
One of the criteria is the degree of consistency in the interaction of political
subcultures in a particular country. On this basis, two types can be distinguished
watered culture: integrated (homogeneous) and fragmented (heterogeneous).
Another criterion for identifying the types of polit culture is the basic values
a cat is guided by this or that community in watered activities or in watered
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. The watered system as a whole and all its structural
the elements are of a demokr nature. People have a sense of responsibility for
everything that happens, and therefore the political activity of the political participants is high
process.
Elite political culture. Basic polit value - power or imperious
structures (state, elite). The person acts as a means to achieve
the goals set by the watered elite.
Archaic political culture. The main value is the interests of the ethnos, 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 this or that mechanism in political life gives rise to
the corresponding types of polit culture - market or bureaucratic.
The main ways of forming a political culture. The condition for the formation of polit
culture of people yavl their involvement in the political process, interaction with political
reality. Various spheres of public interact with the political system.
life, all of them to one degree or another participate in the formation of political
culture, determine the basis of the direction of this process. They are:
purposeful 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 interest organizations.
Factors influencing the formation of political culture. It is known that countries
having similar social-political systems, may differ significantly from each
friend in a political cult attitude. These differences are predetermined, above all
other, and the so-called "external", non-political, factors: specifics
historical development, geopolitical position of the country and in particular
economic factors.
Modern concepts of political culture. Psychological approach (school
Almond): political culture is viewed as a set of psychological
orientations towards social-political objects and processes.
An integrated, generalizing approach (D. Merwick, R. Tucker, L. Dittmer): polit
culture is attributed to everything that happens in politics. She either
identified with the political system, or reduced to political relations, and in
ultimately has no specific content.
POLITICAL SCIENCE. Lectures for university students.
The content of the lecture material introduces the basic ideas, concepts, theories and approaches in the study of political science. The fundamental principles in the construction of lecture material are complexity, systematicity, consistency.
The course of lectures is presented by 9 topics. Each topic contains information that allows you to get a real amount of knowledge, in accordance with the requirements of the standard.
TOPIC 1. POLITICAL SCIENCE AND ACADEMIC DISCIPLINE
POLITICAL SCIENCE - DEFINITION OF THE CONCEPT.
Political science is the science of politics, about the laws governing the emergence of political phenomena (institutions, relations, processes), about the methods and forms of their functioning and development, about the methods of managing political processes, about political power, political consciousness, culture, etc.
In addition, here it is necessary to emphasize the differences between political science, the task of which is the study of political reality, and political science as an academic discipline, the purpose of which is the accumulation and transfer of knowledge about politics to a large number of people.
1.2. OBJECT AND SUBJECT OF STUDY.
The object and its pursuit of political science is the political sphere of society and its individual subsystems. An object is a kind of objective reality, independent of the cognizing subject. Moreover, one and the same object can be studied by different sciences. For example, the political sphere is an object of research for such sciences as political science, political sociology, philosophy, history, management, law, etc. But each of these sciences in a single object has its own subject. For example, history examines the chronology of the development of political systems through the prism of certain historical events. Political Sociology - Social Aspects of Politics. Legal disciplines - legislative foundations of political processes, etc.
A research subject is what a particular research is directed towards. This is a certain aspect (facet) of a real object. If the object, as already mentioned, does not depend on the cognizing subject, then the subject is selected depending on the goals and objectives of the study. For example, as an object of research, we can take the state, as one of the institutions of the political system, and as a subject - the ways of forming state institutions.
The object and the subject largely depend on the direction of research. There are three main areas of policy research:
One of the main directions is the study of political institutions. It involves the study of such phenomena as the state, political power, law, political parties, political and socio-political movements and other formalized and non-formalized political institutions. It should be borne in mind that institutions are not buildings and not the people who fill them. Political institutions (from Lat. Institutum - establishment, institution) is a set of established rules, norms, traditions, principles, regulated processes and relations in a particular area of politics. For example, the institution of the presidency regulates the procedure for electing a president, the limits of his competence, methods of re-election or removal from his office, etc.
Another area of research in political science is political processes and phenomena. This direction involves the identification and analysis of objective laws and patterns, the development of the political system of society, as well as the development of various political technologies for their practical application.
The third area of political research is: political consciousness, political psychology and ideology, political culture, political behavior of people and its motivation, as well as ways of communication and management of all these phenomena.
1.3. METHODS OF POLITICAL SCIENCE
The institutional method focuses on the study of political institutions: the state, parties, political organizations and movements, electoral systems and other regulators of political activity and the political process.
With the emergence of sociology as a science in the middle of the XIX century. sociological methods are beginning to be applied in political research. This method also becomes one of the main ones. It is still widely used today.
The sociological method involves identifying the social conditioning of political phenomena, reveals the social nature of power, defines politics as the interaction of large social communities. Based on specific sociological research (collection and analysis of real facts), the sociological method laid the foundation for applied political science focused on the practical application of research results.
The comparative (comparative) method was used already in ancient times. Thus, Plato and Aristotle, on the basis of comparing various political regimes, determined the "correct" and "incorrect" forms of the state, and constructed in their theoretical works the most perfect (ideal), in their opinion, forms of state structure. Currently, the comparative method is widely used in political studies, and comparative political science is a separate, relatively independent, scientific direction in the structure of general political science.
The anthropological method analyzes political phenomena based on the natural collectivist essence of man. Even Aristotle said that man by nature is a political being and cannot live in isolation. In the course of their evolutionary development, people improve their social organization and, at a certain stage, move to the political organization of society.
The psychological method involves the study of the psychological mechanisms of political behavior and motivation. It emerged as a scientific direction in the 19th century. However, it was based on many significant ideas of ancient thinkers (Confucius, Aristotle, Seneca) and modern scientists (Machiavelli, Hobbes, Rousseau). An important place in the psychological method is occupied by psychoanalysis, the foundations of which were developed by 3. Freud. With the help of psychoanalysis, unconscious mental processes and motivations are investigated that can actively influence political behavior. At the end of the XIX - beginning of the XX century. in American psychology, there is such a scientific direction as behaviorism. In the 30-50s of the XX century. it is actively developing in political science and becomes one of the most significant political methods in American political science.
The behavioral method is based on empirical observations of social behavior individuals and groups. In this case, priority is given to the study of individual characteristics. This method contributed to the study of electoral behavior of voters and the development of electoral technologies. Behaviorism made a significant contribution to the development of empirical research methods in politics, contributed to the formation and development of applied political science. The disadvantages of behaviorism can be attributed to the fact that it gives priority to the study of individuals and groups cut off (atomized) from the general social structure and sociocultural environment, rejects the historical traditions of peoples and moral principles for the sake of "naked" rationality.
Structural-functional analysis assumes that the political sphere, like society as a whole, is a complex system (structure) consisting of many interrelated elements, each of which performs a specific function inherent only to it.
The systems approach as a separate direction in political research emerged in the 50-60s of the XX century. The main developers of this approach are American researchers D. Easton and G. Almond. Although the theory of systems itself was somehow illuminated (developed) in the works of Plato, Aristotle, Hobbes, Marx, Spencer, Durkheim and others. The systems approach essentially becomes an alternative to behaviorism, since, unlike the latter, it considers the political sphere as an integral, self-regulating system that is in direct interaction with the external environment. It makes it possible to streamline our ideas about the political sphere, to systematize all the variety of political events, to build a certain model of political action. In addition to these methods, there are others in political research. For example, such as the method of expert assessments, modeling of political processes, ontological approach, historical approach, etc. In modern political science, there are two main levels of research: theoretical and applied.
Theoretical political science deals with the development of general (functional) methods for studying the political sphere of society. But at the same time, all theoretical developments, one way or another, are aimed at solving practical problems.
Applied political science examines specific political situations in order to obtain the necessary information, develop political forecasts, practical advice, recommendations, etc.
1.4. FUNCTIONS OF POLITICAL SCIENCE AS A SCIENCE AND AS AN EDUCATIONAL DISCIPLINE.
The functions of political science as a science and as an academic discipline have a lot in common, but there are also certain differences. Let us consider separately each of the types of functions of political science.
Political science as a science is a necessary theoretical basis for the further development of political research and for the implementation of scientific developments in real politics.
Political science investigates real-life political systems, methods of organizing society and the state, types of political regimes, forms of state structure, activities of political parties and public organizations, the state of political consciousness and political culture, patterns of political behavior, problems of the effectiveness and legitimacy of political leadership, methods of formation institutions of power and much more.
Political research creates a certain theoretical and scientific-methodological basis necessary for the development of political science itself and for improving the political sphere of society. Scientific knowledge in the field of politics allows predicting and constructing political reality, tracking positive and negative trends in the development of political processes and, if necessary, making the necessary adjustments.
Functions of political science as a science and as an academic discipline
The task of political science as an academic discipline is to help people understand all the intricacies of politics, teach them to correctly understand (perceive) the existing social and political system, and adequately respond to the emerging political situation.
Briefly speaking about the functions of political science in general, we can distinguish the following of them:
cognitive - a certain way of cognizing socio-political reality and identifying the patterns of its development;
analytical - assessment of the state of the political system and the performance of various political factors in the political process;
predictive - the development of scientifically based forecasts about the trends (prospects) of the development of political processes;
managerial - the use of the results of political research for the development and adoption of managerial decisions;
instrumental - improvement of existing and development of new methods
studies of political reality;
the function of political socialization is the preparation and integration (entry) of the individual, social groups into the political life of society;
ideological - the use of political research in the promotion of their
ideas and criticism of others.
Literature
Almond G. Political Science: History of Discipline // Polis. 1997, no. 6.
Vasilik M.A., Vershinin M.S. Political science. M., 2001. Denken J.M. Political Science. M., 1993. Part 1. Zerkin D.P. Fundamentals of Political Science. Rostov-on-D., 1996.
Krasnov B.I. Political science as a science and academic discipline // Socio-political journal. 1997. No. 3.
Maltsev V.A.Fundamentals of Political Science: Textbook. for universities. M., 2002.
Political science. Textbook. for universities / Otv. ed. V.D. Passes. M., 2001.
S.V. Rogachev The subject of political science and its place in the system of social sciences / State and law.
THEME 2. EVOLUTION OF POLITICAL THOUGHT.
2.1. PHILOSOPHICAL AND ETHICAL CONCEPT OF POLITICAL THOUGHT OF THE ANCIENT WORLD.
Confucius (Kun-tzu, c. 551- 479 BC) is a famous Chinese philosopher and teacher, one of the founders of the philosophical and ethical concept of politics. His political teachings were based on the principles of a strict order based on moral norms. Stability in society and order in the state, according to Confucius, can be ensured only with strict observance by each of his rights and obligations.
Confucius connected the successful government of the state not with official impersonal legislation, but with the wisdom of a virtuous ruler and his worthy assistants. The ideas of virtue, justice and humanity are among the most important in the ethical teachings of Confucius. He believed that the state is not an end in itself, but a means of ensuring the welfare of the people.
Socrates (c. 470-399 BC) - an ancient Greek philosopher, a principled supporter of legality and moral politics. He subdivided political regimes into the following types:
Kingdom - power based on the will of the people and state laws; tyranny - the power of one ruler; aristocracy - the rule of persons who carry out the laws; democracy is power that belongs to the will of all.
Socrates considered tyranny to be a regime of lawlessness, violence and arbitrariness. He saw the main disadvantage of democracy in the incompetence of its elected officials. And the most optional method of government, he considered the aristocracy, which creates good laws.
Socrates was the first in history to formulate the idea of contractual relations between the state and its citizens. If a citizen who has reached the age of majority does not agree with the current procedures, then he has the right to leave it with all his property. But the remaining citizens must comply with all decrees of the state and its bodies.
Plato (427 - 347 BC) is one of the greatest thinkers in human history. The basis of his teaching about society and the state was formed by the dialogues "State", "Politics", "Laws". Developing the ideas of Socrates about various forms of government, Plato singles out such irregular forms of power as: timocracy (the power of ambitious people), oligarchy, democracy and tyranny. He attributes monarchy and aristocracy to the correct forms.
In contrast to all these forms, Plato puts forward and describes the theory of the ideal state. According to this theory, power in such a state should belong to the first layer - the philosophers, since only they have access to true knowledge and virtue. The second social layer is made up of guards and warriors who protect the state. The third layer is peasants and artisans, who ensure the material wealth of the state. Moreover, everyone should do their own thing. In the dialogue Politician, Plato discusses the art of government as a kind of specialized knowledge. In the dialogue "Laws", he notes that correct forms of thinking should be based on fair laws.
Aristotle (384-322 BC) - an outstanding ancient Greek philosopher, student of Plato, educator of Alexander the Great. Aristotle outlined his main socio-political views in the work "Politics".
According to Aristotle, the beginning of politics is ethics. Therefore, she must be virtuous and just. Political justice ”is viewed as a common good, but it is possible only between free and equal people (not slaves).
If Plato's state is still an end in itself (fundamental principle), then Aristotle considers it as a result of the natural development of a person (family, village), as a kind of higher form of communication: "Man by nature is a political being." But the state is the greatest blessing for a person.
Aristotle more than 2 thousand years anticipated the understanding of the status of "citizen" in its legal and political meaning. In his opinion, a citizen is not one who lives in one place or another, but one who has a set of civil rights and has authority in public affairs. The main distinguishing feature of a citizen is virtue. But it cannot be possessed by people engaged in manual labor and trade.
Aristotle, like Plato, also divides the forms of political structure into right and wrong. He considers monarchy, aristocracy and politics to be correct. The wrong ones are tyranny, oligarchy and democracy. In the right forms, rulers care for the common good, in the wrong forms, for the personal good or the good of the few.
Of all the forms of government, Aristotle gives the greatest preference to polity - an ideally designed "average" form of government. Polity includes three forms at once, three principles:
aristocracy presupposes the principle of virtue;
oligarchy - wealth;
democracy is freedom.
Such a symbiosis of three different forms and principles, according to the philosopher, could give the best (ideal) form of government.
Aristotle opposed the excessive concentration of wealth in the hands of oligarchs, as they always seek to usurp power and money. He was also against excessive poverty - for it leads to uprisings, the purpose of which is the transfer of property. Therefore, social stability depends on people of average income: the more such people in a society, the more stable it develops. And political stability in an ideal state must be ensured by correct laws. Cicero (106 - 43 BC) - Roman orator, statesman, writer. If for Plato and Aristotle natural law (true law) were inseparable from the state and arose together with the state, then Cicero in his treatise "On the State" argued that natural law (true law) arose earlier than written laws and the state itself. The source of this higher law is the divine principle and the rational, social nature of people.
This law applies to all people and cannot be canceled or limited. And the state is only the embodiment of what exists in nature and society.
Subsequently, the doctrine of natural law was inherited by Roman lawyers (Roman law) and the church fathers, and the very idea of a "rule of law" takes its origins from the natural (inalienable) higher law, about which Cicero spoke.
Philosophical and ethical concept of political thought Of the ancient world made a significant contribution to the development of the doctrine of the state, politics, laws. Various forms of state structure, types of political regimes were studied (described) in detail, some methods of rational government were identified, and a legal framework for the state structure was developed.
However, this philosophical and ethical concept is inherently limited. It lies in the fact that the state is seen as the fundamental principle of the entire life of people. Man, society, law outside the state, as if it means nothing. Only the state is able to provide a person with virtue and justice. Only Cicero takes the first timid steps towards the delineation of state and society, state and law.
2.2. RELIGIOUS CONCEPT OF POLITICAL THOUGHT (MIDDLE AGES).
In the Middle Ages (V-XV centuries A.D.), the philosophical and ethical concept of politics in Western Europe was gradually replaced by a religious concept.
During the pagan period, the functions of religion essentially merged with the tasks of the state and were inseparable from each other.
Christianity, recognizing the legitimacy of the state, began to claim a certain special role in society and the state. In relation to society, it assumes a number of social functions that are not just offered, but imposed on people.
In relations with the state, Christianity, depending on the prevailing circumstances, pursues a rather flexible policy: it tries to dominate state power (“the city of God is the highest city”); then he observes formal neutrality (for God - for God, for Caesar - for Caesar); then obediently agrees with the state will ("all power is from God").
Consider the views of some of the most prominent representatives of the religious concept of political thought.
Augustine Aurelius (354-430) - Bishop of Hippo, one of the founders of Christian political theory. In his essay "On the City of God", he outlined his political doctrine. Augustine sharply contrasts the church and the state: "the city of God" and "the city of the earth." The earthly city includes the devil's will and becomes a social tyrant. The true state, according to Augustine, will be realized only after the second coming of Christ, when the final separation of the righteous and sinful takes place.
The state is viewed by Augustine as part of a universal order, the creator and ruler of which is God. Therefore, sovereigns must serve with their authority both God and man. To improve public administration, he proposes the idea of renewing the earthly city in line with Christian virtue and humanism.
Thomas Aquinas (Thomas Aquinas 1225 / 6-1274). Aquinas greatly enriched the religious concept of the state. As a result of a long search and rethinking of various theories, he came to the conclusion that the state has a positive value. It not only preserves the world, but is also an expression of divine foresight and the will of the Most High in the name of people.
In his work Summa Theology, Aquinas examines eternal law, divine law, natural law and positive law.
1. Eternal right is the wisdom of God, it directs the entire development of the universe. All other, more limited forms of law originate from it.
2. Divine law (commandments) - an additional guide to natural law.
3. Natural law is the standards of truth and justice inherent in all normal people.
4. Positive law is government-enacted laws that prevent people from doing evil and disturbing the peace.
A positive law, Aquinas emphasized, is introduced according to reason. This means that the monarch also obeys reason and natural law like any person.
If the positive law introduced by the sovereign contradicts natural law and reason, then it is illegal and is a distortion of law. Only in this case, Aquinas recognized the rightful action of the people against the monarch. In other cases, opposing authority is a mortal sin.
The religious concept of the state contributed to the further development of political thought. In particular, she
Introduced into the communication of people the spirit of a new Christian sense of justice. And although religion taught people to obey the authorities unquestioningly, Christian moral norms still appear between the state and society, which contributed to the individualization of the legal consciousness of people.
2.3. CIVIL CONCEPT OF POLITICAL THOUGHT (RENAISSANCE AND NEW TIME).
In the XVI - XVII centuries. Diverse socio-political forces and ideological movements undermine the power of the Catholic Church. As a result of the Reformation of the Church, the state was freed from church tutelage, and the church itself was freed from the state. One of the results of religious reforms was freedom of conscience and worldly recognition of a Christian. Thus, freed from the philosophical and ethical political concept of the Ancient World and the religious concept of the Middle Ages, political thought acquires a secular character. A civic concept of political thought is born, the starting point of which is the individual - the citizen.
Machiavelli Niccolo (1469-1527) was an outstanding Italian thinker and politician. His main political views and beliefs, he outlined in such works as: "Reasoning for the 1st decade of Titus Livy", "Sovereign", "On the art of war", "History of Florence". Based on the content of these treatises, Machiavelli can be defined as one of the earliest representatives of the political theory of capitalism. In his "new method" Machiavelli was the first to single out political research as an independent scientific direction. He believed that political science should comprehend the true state of affairs, solve real problems of power and government, and not consider imaginary situations.
According to Machiavelli, the state is not God's craft, but the work of man. Therefore, not God, but man is the center of the universe. The political state of society is characterized by certain relationships between people, between the ruler and the subjects. The purpose of these relations is to ensure order, the inviolability of private property and the safety of the individual.
Machiavelli believed that the power of any state should be based on good laws and a strong army. And the ruler himself should be like a centaur, combining the strength of a lion and the cunning of a fox.
Of all the forms of government, Machiavelli favored the republican form. He believed that it was in it that it was possible to best combine the benefits and freedoms of citizens, competing with each other and taking care of both private and public interests. But the forms of government are established not at the whim of individuals or groups, but depending on the balance of constantly fighting forces.
Hobbes Thomas (1588-1679) was an outstanding philosopher and political thinker in England. His main political work is considered the book "Leviathan, or matter, form and power of the church and civil state" (1651). His concept was aimed at developing a secular theory of political power and state, i.e. he denied the theory of the divine origin of royalty.
Developing the theory of the secular origin of power, Hobbes comes to the conclusion that the state arises as a result of a social contract. In his book "Leviathan" he describes the chaos (war of all against all), in which people were in a pre-state state. In search of a way out of chaos, people entered into an agreement, giving up part of their natural rights and transferring them to the jurisdiction of the state. Thus, they voluntarily limited their freedom in exchange for law and order. Therefore, the source of royal power is the social contract, as a result of which the state appears.
According to Hobbes, the supreme power is absolute, but not total: it does not interfere in the personal affairs of citizens. People are free to do everything that is not prohibited by law: conclude and terminate contracts, sell and acquire property, etc.
Locke John (1632-1704) - English philosopher and politician, the founder of liberalism. For the first time, he clearly distinguished such concepts as the individual, society and the state, and placed the individual above society and the state. In his opinion, individuals create society, and society - the state. Society and state are not the same thing. The fall of the state does not mean the fall of society. A society can create another state power if the existing one does not satisfy it.
LOKK was a supporter of a limited monarchy, believing that an absolute monarchy is worse than a natural (pre-state) state. He was one of the first to put forward the idea of separation of powers into legislative and executive, while giving priority to the legislative branch, which, in his opinion, determines the policy of the state. The main goal of the state, according to Locke, is the protection of individual rights
Montesquieu Charles Louis (1689-1755) - French political philosopher, historian, lawyer, sociologist.
Montesquieu made a great contribution to the development of the civil concept of political thought. Let us dwell on two of the most significant fragments from his legacy.
First. In his most significant work, The Spirit of the Law, he substantiates the theory that laws are developed and adopted by society (state) based on a combination of factors. “Many things,” Montesquieu wrote, “govern people: climate, religion, laws, principles of government, examples of the past, mores, customs: as a result of all this, common spirit people ".
Second. Analyzing the works of his eminent predecessors, Montesquieu comes to the conclusion that political power in society should be divided into three main types: legislative, executive and judicial, so that different authorities can mutually restrain each other.
With his scientific works Montesquieu, as it were, completes the architectural structure of the "building" of the civil concept of political thought.
2.4. SOCIAL CONCEPT OF POLITICAL THOUGHT (XIX - BEGINNING XX century).
The civil concept of political thought, it would seem, has prepared a fairly extensive basis for the further development of the individual, society and the state. However, in reality, everything turned out to be much more complicated. Laws created by the will of the majority became obligatory for everyone, and if an individual or group had their own opinion different from others, then the “common will” forced them to be like everyone else (whoever is not with us is against us). Thus, the minority became hostage to the majority. The French political scientist Alexis Tocqueville (1805-1859) described this situation with the words "political tyranny of the majority."
Liberalism in the economic sphere (freedom of private entrepreneurship, individualism, competition) leads to the fact that a significant part of citizens find themselves beyond poverty, and cannot use the “guaranteed” rights and freedoms and realize their potential.
In the political sphere, a person, giving part of his powers (his political will) to the representative authorities, according to J.-J. Rousseau, becomes a slave to this very power.
Realizing the obvious flaws in the civil concept of the state, many political thinkers, trying to find a way out of a difficult situation, are gradually developing a new social concept of political thought, which should be based on humanism and social justice.
John Mill (1806-1873) - English scientist. In his work "Reflection on Representative Government", in order to rid the minority of the dominant majority, he proposes a system of proportional representation and maximum citizen participation in the government of the welfare state. Tocqueville believes that citizens should voluntarily cooperate in free local government institutions and voluntary political and civic associations. Thus, they will be able to directly participate in the management of society.
Max Weber (1864-1920) - an eminent German political economist and sociologist believed that in order to effectively defend their rights and freedoms, individuals should consolidate into interest groups. And in order for the government to enjoy the confidence of its people and to be able to govern effectively, it must be legitimate.
In the XX century. liberal concept(neoliberalism) political thought began to focus more on the social problems of society. In the economic sphere, antitrust laws are being introduced, taxes on excess profits are being increased. Redistributing income through government agencies and charities helps narrow the income gap between the richest and the poorest segments of the population.
The myogo-party political system and the well-functioning structure of the separation of powers, to a large extent, make it possible to exercise control over the activities of power structures. A well-functioning electoral system provides an opportunity for broad sections of the population to participate in the formation of government bodies.
The social concept of political thought, which put forward the idea of creating welfare state, was able to answer a number of pressing questions. But in the course of the further development of society, new problems appear, for the solution of which new concepts are also needed.
2.5. HISTORY OF PUBLIC AND POLITICAL THOUGHT IN RUSSIA.
Political thought in Russia dates back to ancient times. The first mentions about the origin of the state, about the structure of power and its justification are attested in such documents as "The Word of Law and Grace" by Metropolitan Illarion of Kiev (1049), in the chronicle compilation "The Tale of Bygone Years" (1113), "Order of Vladimir Monomakh" (1125), etc.
The Mongol-Tatar invasion interrupted the natural course of state building in Russia. In 1552 Ivan IV the Terrible conquered the Kazan Khanate, and in 1556 - the Astrakhan Khanate and delivered Russia from the constant threat from the outside.
In the XVI century. political ideas in Russia receive a new development. For example, the Pskov monk Filofey develops the idea of a strong, independent Russian state ("Moscow is the third Rome"). I.S. Peresvetov in 1549 handed over to Ivan IV the Terrible his works, in which he considered the methods of forming the supreme power of the state. He advocated the strengthening of the autocracy, the formation of an all-Russian army, the creation of a unified legislation, the limitation of the boyars, etc. A significant contribution to the development of political thought was also made by AM. Kurbsky. He believed that powers of power should be based on properly adopted laws.
Until the 18th century. a significant influence on the political and social ideas of Russia was exerted by the religious worldview. The socio-political and economic reforms of Peter I (early 18th century) not only "opened a window to Europe", but also contributed to the development of socio-political thought in Russia.
In the XVIII century. such Russian scientists as F. Prokopovich, V. Tatishchev, D.S. Anichkov, Ya.P. Kozelsky, A.N. Radishchev and others. But if most of the listed scientists were supporters of an enlightened monarchy, then A.N. Radishchev (1749-1802) is rightfully considered the founder of the revolutionary trend in political thought in Russia. in his works "Travel from St. Petersburg to Moscow", "The Civil Code Project", he opposes autocracy and serfdom. Following Russo, Radishchev put forward the idea of popular sovereignty, believing that all peoples were born free and equal. And to defend their freedom, the people have the right to revolt.
In the first half of the 19th century, largely due to the influence of the Great French Revolution, in Russia begins new period in the development of political thought. The progressive Russian intelligentsia feels the need for socio-political and economic reforms in Russia. Secret organizations are being created to discuss the problems and prospects of reforming Russian society. New ideas are reflected in the works of such thinkers as P.Ya. Chaadaev, I.I. Nadezhdin, N.S. Mordvinov, M.M. Speransky, N.M. Muravyov, P.I. Pestel and others. Thus, one of the leaders of the December (1825) uprising P.I. Pestel (1793-1826) expounded his republican views in such works as “The Constitution. State Testament ”and“ Russian Truth ”. He opposed serfdom and autocracy and believed that the people exist "for their own good," and not for the good of the government.
In the 40-60s of the XIX century. Russian socio-political and philosophical thought is divided into two main streams - Slavophiles and Westernizers.
Slavophiles: I.S. and K.S. Aksakovs, I.V. and P.V. Kireevsky, A.I. Koshelev, Yu.F. Samarin, A. S. Khomyakov, A. A. Grigoriev and others substantiated the originality of the historical path of Russia and opposed the borrowing of Western European forms of political life. The teaching of the Slavophils was based on three basic principles: Orthodoxy, autocracy, nationality.
Westerners: P.V. Annenkov, A.I. Herzen, V.P. Botkin, T.N. Granovsky, M.H. Katkov, K. D. Kavelin, N.P. Ogarev and others criticized the theory of the official nationality and believed that Russia should develop along the Western European path
Despite differences in views, both Slavophiles and Westernizers agreed on the need to abolish serfdom, grant civil liberties and reform Russia.
The abolition of serfdom in Russia (1861) contributed to a significant increase in the rate of development of the country, a change in the social-class structure and the intensification of social and political life. To a large extent, this was facilitated by the work of such scientists as A.I. Herzen, N.G. Chernyshevsky, D.I. Pisarev, P.I. Lavrov, M.A. Bakunin and others. For example, Chernyshevsky believed that the most rational form of government is the republic, and the essence of state power is determined by economic factors. According to Chernyshevsky, Russia can come to a democratic republic through a peasant revolution.
At the end of the XIX - beginning of the XX century. in Russia, political ideas and movements of revolutionary democrats, including adherents of Marxism, arise and gain strength. A significant contribution to the development of Marxist theory and practice was made by such scientists and politicians as G.V. Plekhanov, P.B. Struve, V.I. Lenin, L. Martov, L.V. Trotsky, S.N. Bulgakov and others.
With the victory of the socialist revolution (1917), the total domination of the communist (Marxist-Leninist) ideology was established in Russia, through the prism of which all political processes and phenomena were interpreted. An open, pluralistic discussion of political views and ideas became possible only at the beginning in the late 1980s. democratization of Russian society.
Literature
Anthology of world political thought: In 5 volumes. M., 1997.
Aristotle. Politics // Works. in 4 volumes. T. 4.1983.
Vinogradov I.B. Political ideas of our time // Socio-political journal. 1997. No. 1
Vladimirov M. Confucius. M., 1992.
Hobbes T. Leviathan. Op. in 2 volumes.Vol.2. M., 1990.
History of political and legal doctrines. M., 1991.
Locke J. Two treatises on government // Works. in 3 volumes.Vol. 3.M., 1988.
Machiavelli N. Selected Works. M., 1982.
Maltsev A. Fundamentals of Political Science: Textbook. for universities. M. 2002.
Montesquieu III. Selected works. M., 1965.
Foundations of Political Science. Textbook. allowance. 4.1. / Ed. V.P. Pugacheva. M., 1993.
Plato. Sovereign // Works. M., 1994.
Political Sociology. Rostov-on-D., 1997.
Political theory and political practice. Dictionary-reference book. M., 1994.
TOPIC 3. POLITICS AND POLITICAL AUTHORITY
3.1. CONCEPT, STRUCTURE AND ESSENCE OF POWER.
In a general sense, power is the ability and ability to influence the behavior and activities of others. The essence of power lies in the relationship of domination and subordination that arise between those who give orders and those who execute these orders, or on whom the influence of power is directed.
Power relations arise wherever there are stable communities of people. Any organization, any and joint type of activity cannot be carried out without power relations, without someone leading and someone following instructions. Even in the interpersonal communication of people, as a rule, subordination relationships arise.
In society, there are many different types of power, for example, such as: parental, economic, legal, spiritual, ideological, informational, etc.
By means of influence and motives of submission, such types of power as power based on:
on fear;
on remuneration and interest in submission;
on the authority of the bearer of power;
on tradition and the habit of obeying;
on the norms of law and customs of culture, etc.
the structure of power relations includes the following components:
The subject of power is the one who gives orders.
The object of power is the one on whom the power is directed.
Resources that allow the subject to exercise imperious influence on the object.
Submission of the one over whom power is exercised.
The absence of any of the above-named components makes power relations impossible for the following reasons:
1. Power relations are possible only when at least two people interact, one of whom is a subject, the other is an object.
2. The subject of power must have the necessary resources in order to "force" the object to obey.
If the one to whom the influence of power is directed does not recognize the competence of the subject of power and does not execute his orders, then power relations do not arise. They can only arise in a relationship of domination and subordination. In other cases, you can use any resources, any force, but these actions will be qualified as violence, murder, genocide, etc., but not as power relations.
3.2. FEATURES OF POLITICAL POWER.
Any kind of power in society arises in a certain area and has its own limits of competence. For example, parental power takes place in parent-child relationships, economic power in economic relationships, etc. Political power has a number of distinguishing features from other types of power:
The general obligatory nature of power and supremacy over all other types of power.
Monopoly on the regulation of political life, on the issuance of decrees, orders, etc.
The right to violence is the legality and monopoly in the use of force within one's own country.
The ability to use a wide variety of resources to achieve your goals.
Power cannot be reduced only to domination and subordination (coercion, violence, etc.). V normal conditions millions of people "voluntarily" fulfill the requirements of the laws and do not feel "pressure" from the authorities. Coercion acts as a kind of symbolic intermediary, as an equivalent, defining the line between norm and deviation. It only applies if a violation has occurred. The frequent use of violence by the authorities testifies to the instability of social relations. This is a sign that either the authorities are acting inadequately to their functions, or a significant part of citizens is unable to fulfill the requirements.
In democratic political systems, political power is divided into: legislative, executive and judicial. This division creates a mechanism of checks and balances, the main task of which is to prevent the usurpation (seizure) of the full power of one of the branches. However, in practice, it is not always possible to establish the parity of the authorities. Thus, in Russia over the past 10 years, the executive branch, headed by the president, has clearly dominated.
3.3. LEGITIMITY OF POLITICAL AUTHORITY.
Legitimate government is usually characterized as lawful and just. The word legitimacy itself comes from lat. legitimus is legitimate. But not all legitimate authority can be legitimate. Already in the Middle Ages, theoretical justifications appeared that a monarch, becoming a tyrant and not fulfilling his destiny, deprives his power of legitimacy. In this case, the people have the right to overthrow such power (in particular, Thomas Aquinas of the XII-XIII centuries spoke about this).
Legitimacy is the confidence of the people that the authorities will fulfill their obligations; it is a recognition of the authority of the authorities and voluntary submission to it; it is an idea of the correct and appropriate use of power, including violence. But the legitimate government, as a rule, is able to ensure the stability and development of society without resorting to violence.
Max Weber (1864-1920) identified three main types of political domination and the corresponding forms of legitimacy:
Traditional domination - legitimacy based on the traditions of a patriarchal society, for example, monarchy - traditional legitimacy.
Charismatic domination - legitimacy based on real or perceived outstanding qualities of a ruler, leader, prophet - charismatic legitimacy.
Dominance based on rationally created rules - the rational and legal legitimacy of law-abiding citizens in a democratic society.
In addition to the above, there are other types of legitimacy, for example, ideological and structural. Ideological legitimacy is based on some kind of ideological "constructions" - attractive ideas, promises of a "secular future" or "new world order", etc. Thus, the communist ideology and the promises of the speedy construction of communism largely ensured the legitimacy of the Soviet regime of power. And the ideas of National Socialism contributed to the legitimization of the fascist regime in Germany.
Structural legitimacy is based on the rules and norms of establishing and changing power, for example, the Constitution (constitutional legitimacy), which have been established in society. If the majority of citizens are dissatisfied with the political power existing in society, then they "tolerate" it until the new elections.
3.4. RELATIONSHIP OF LEGALITY AND LEGITIMITY OF POWER.
The legality and legitimacy of power are equivalent, but not identical concepts. Power that has a legal basis for domination in society, as a result of its ineffective policy, can lose the confidence of citizens and become illegitimate. For example, the president of Russia, who was legally elected in 1996, B.N. Yeltsin at the end of 1999 enjoyed the trust of no more than 10% of Russian citizens, i.e. completely lost its legitimacy.
And, on the contrary, a power that has no legal basis, as a result of an effective policy, can gain the confidence of the people and become legitimate. For example, General A. Pinochet, who came to power in Chile through a military coup (1973) as a result of an effective economic policy, later became a completely legitimate and legitimate president of the country.
Legitimate, but not legal, power, as it were, receives carte blanche (powers) from the people to make people's lives better, and only then establish the legal foundations of power. The legitimate, but not legitimate government is deprived of the support of its people, and in the future it (the government) may resort to illegal means in politics.
Any political power (even the most reactionary) strives to appear in the eyes of its people and the world community as effective and legitimate. Therefore, the process of legitimizing power is the subject of special attention of the ruling elite. One of the most widespread techniques in this process is the suppression of the negative results of one's policy and all kinds of "protrusion" of real and imaginary successes. Frequently, independent mass media (mass media) become an obstacle in such substitution of negative factors for positive ones. Therefore, the ineffective and illegitimate government in every way seeks to restrict the activities of independent media and / or put them under its control.
Another technique is when the authorities verbally recognize the values, desires and aspirations of their citizens, declare their intentions to fight corruption, drug addiction, crime, etc., but in fact pursue their corporate goals, often “covering up” crime in their own ranks ...
Sometimes people in positions of power or aspiring to power sincerely believe that they are the main exponents of the public interest, and that citizens sincerely approve and support their political activities, although this is not the case. This conceit of politicians is called "legitimate imposture."
The best option is when the government is legal and legitimate. In such a situation, the ruling elite relies on the confidence of the majority of citizens and it is easier for them to solve the assigned tasks. On the other hand, people who trust their political power voluntarily submit to its decisions and contribute to the achievement of their goals, without feeling coercion.
3.5. POLITICAL POWER AND POLITICAL DOMINANCE.
One of the key concepts in political science is the concept of "political domination". It cannot be viewed as domination, oppression, suppression, etc.
Political domination is the structuring of power relations in society, when conditions (a system of institutions) are created for some to be able to issue decrees and orders, while others - to execute them.
Power and domination are closely related. But not all power means domination. You can seize power, you can proclaim the sovereignty of power in a certain territory or in a particular country. However, if the appropriate power structures are not created there, and a significant part of the population does not obey this "proclaimed" power, then political domination will not arise there. Dominance assumes that power takes institutional forms, creates a stable system of political governance, in which some rule and others obey.
The concept of "domination" implies a center and a periphery that actively interact and have appropriate communications, connections and relationships. If the center does not satisfy the political, economic, social "needs" of the periphery, and other connections and relations become more preferable for it, then the relations of domination and subordination between the center and the periphery begin to weaken. Thus, the uncertain policy of the Federal Government and the President of the Russian Federation in relation to the regions, which took place from the beginning of the 90s and up to 2000, almost led to the collapse of the Russian Federation. Many regions of the Russian Federation (Kaliningrad Oblast, Primorskiy Krai, Tatarstan, Chechnya, etc.) began to focus more on other states in their socio-economic policies.
Power is not only the strength and will of the ruler, but also the awareness of dependence, and the willingness to obey the ruled. When authority resorts to violence, it is a sure sign that the structured system of domination and subordination is broken. The events in Chechnya are a clear example of such a violation of the system of political domination.
3.6 PRINCIPLES OF THE SEPARATION OF POWER.
Power sharing is a theoretical doctrine and a real practice of power sharing among several political institutions. The essence of the division is to limit (prevent) the absolutism of the power of the monarch, president, parliament and other political institutions.
Attempts to divide powers or limit the power of the sovereign were made already in ancient states. In the Middle Ages, in many European countries, power was divided between the state and the church.
In political theory, the principle of separation of powers was first substantiated in the works of J. Locke ("Experience on the Human Mind", "Two Treatises on Government"). Locke believed that the people are the supreme power. He (the people), with the help of a social contract, establishes the state and transfers power to the rulers, who divide the power into legislative and executive.
The theory of the separation of powers was further developed in the works of C. Montesquieu ("On the Spirit of Laws"). He believed that in order to limit the abuse of power and establish the rule of law, power should be divided into legislative, executive and judicial.
In practice, the principle of separation of powers was implemented during the formation of the United States and was enshrined in the Constitution of 1787. The essence of this principle is that political power is divided into legislative, executive and judicial branches. Each of the branches of government is relatively independent from the others and performs its specific function. But this is not only a simple distribution of functions between various parts of the state apparatus, but the creation of three relatively independent spheres of government with their own special structures.
The principle of separation of powers is most typical for a democratic republican form of government. Legislative power in the republic is exercised by the parliament, elected by citizens for a specified term. The executive branch is carried out by the government, which is formed either by the president (in a presidential republic) or parliament (in a parliamentary republic). The judiciary is exercised by the organs of the judicial system. The functions of the judiciary include not only the administration of justice, but also control over the observance of laws by the executive and legislative branches of government, as well as the protection of the rights of citizens.
To ensure that one branch of government does not encroach on the prerogatives of the other, the limits of competence of each of the branches are detailed and enshrined in legislation, for example, in the Constitution. Thus, a system of "checks and balances" is being created, which does not allow any of the branches of government to usurp all power in the country.
3.7. STRUCTURES OF POLITICAL POWER IN RUSSIA.
According to the Constitution of the Russian Federation, Russia is a democratic, federal rule-of-law state with a republican form of government. The basis for the formation of federal relations is the Federal Treaty and the Constitution of the Russian Federation.
Vertically, the federal structure of Russia has three levels of public (people's) power: the federal center, the constituent entities of the Russian Federation, and local self-government. Each level of government has its own exclusive competence, into which, bodies of a different level of government have no right.
Horizontally, political power in the Russian Federation is divided into three main branches: legislative, executive, and judicial. Each of these branches of government has its own competence and relative independence from each other.
The legislative power of the Russian Federation is exercised by the Federal Assembly (Parliament), which consists of two chambers: the upper - the Federation Council and the lower - the State Duma.
The Federation Council is a representative and legislative body. It is formed by delegating two representatives from each of the 89 constituent entities of the Russian Federation. One representative is delegated from the representative (legislative) body of the constituent entity of the Russian Federation, the other from the executive one. The recall of one or another representative from the Federation Council is carried out by decision of the corresponding body of the constituent entity of the Russian Federation. The Federation Council expresses the interests of the regions, Adopted serves as an intermediary between the President of the Russian Federation and the State Duma when adopting laws. All federal laws adopted by the State Duma are subject to mandatory consideration by the Federation Council. A decision of the Federation Council is considered adopted if the majority of its members voted for it.
The State Duma consists of 450 deputies who are elected for four years and work on a professional basis. At the same time, 225 deputies are elected by party lists, and another 225 - by single-mandate constituencies.
Resolutions of the State Duma are adopted by a majority vote of the total number of State Duma deputies. In case of rejection of a federal law passed by the State Duma by the Federation Council, both chambers can create a conciliation commission to overcome the differences that have arisen. If the disagreements between the chambers on the federal law could not be overcome, then the law is considered adopted if at least two-thirds of the total number of State Duma deputies voted during the second vote.
A law adopted by the State Duma and approved by the Federation Council shall be sent to the President within five days for signing and promulgating it within fourteen days. If the President rejects the law received for signature, then the State Duma and the Federation Council can either reconsider and amend the law, or overcome the President's veto by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma. In this case, the President is obliged to sign and promulgate the federal law within seven days.
The executive power in the Russian Federation is exercised by the government of the Russian Federation. It consists of the Prime Minister of the Russian Federation, Deputy Chairmen and federal ministers. The Chairman of the Government is appointed by the President of the Russian Federation with the approval of the State Duma.
The Government of the Russian Federation develops and submits to the State Duma the federal budget and ensures its implementation; submits to the State Duma a report on the execution of the federal budget; ensures the implementation of a unified financial, credit and monetary policy in the Russian Federation; unified state policy in the field of culture, science, education, health care, social security, ecology; manages federal property; takes measures to ensure the country's defense, state security, and the implementation of the foreign policy of the Russian Federation; takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order in the fight against crime; exercises other powers assigned to him by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation
Justice in the Russian Federation is administered only by the court. The judiciary is exercised through constitutional, civil, administrative and criminal proceedings.
LITERATURE
Degtyarev A.A. Political power as a regulatory mechanism of social communication // Polis, 1996. №3.
Zalysin I.Yu. Political violence in the power system // Socio-political journal, 1995. №3.
Ilyin M.V., Melville A.Yu. Power // Polis, 1997, No. 6.
Constitution of the Russian Federation (1993). M., 2003.
Ledyaeva V.G. Power: Conceptual Analysis // Polis, 2000. № 1.
Moiseev N. Power of the people and power for the people // Russian Federation 1997. №2.
Pimenov R.N. The origin of modern power. M., 1996. Political science: Textbook. for universities / Otv. ed. V.D. Passes. M., 2001. Pugachev V.P. Political Science: A Student's Handbook. M., 2001. Fetisov A.S. Political Power: Problems of Legitimacy. Socio-political journal. 1995, no. 3.
Khalipov V.F. An Introduction to the Science of Power. M., 1996. Khomeleva R.A. The nature of political power. SPb., 1999
TOPIC 4 POLITICAL ELITES AND POLITICAL LEADERSHIP
The political elite is a small, relatively privileged, rather independent, upper group (or a set of groups), to a greater or lesser extent possessing certain psychological, social and political qualities necessary for managing other people and directly participating in the exercise of state power. People belonging to the political elite, as a rule, are involved in politics on a professional basis. Elitism as an integral system was formed in the first half of the XX century. thanks to the work of such scientists as V. / Pareto, G. Moski and R. Michels.
4.1. MODERN ELITE THEORIES.
Currently, there are many schools and directions in the development of the theory of elites. The ideas of Mosca, Pareto, Michels, etc., included in the so-called Machiavellian school, share the following common features:
recognition of the elitism of any society, its division into a ruling creative minority and a passive majority;
special psychological qualities of the elite (natural gift and upbringing);
group cohesion and elite self-awareness, self-perception
a special layer;
the legitimacy of the elite, the recognition by the masses of its right to leadership;
structural constancy of the elite, its power relations. Although the personal composition of the elite is constantly changing, the attitudes of domination and submission remain fundamentally low;
the formation and replacement of elites occurs in the course of the struggle for power.
In addition to the Machiavellian school, there are many other theories of elites in modern political science and sociology. For example, the value theory proceeds from the premise that the elite is the most valuable element of society and its dominant position meets the interests of the whole society, because it is the most productive part of society. According to pluralistic concepts, there are many elites in society in various spheres of life. There is competition between the elites, which allows the masses to control the activities of the elites and prevent the formation of a single dominant group.
The political elite is divided into two main categories. The first includes officials of state bodies and employees of the apparatus of parties and movements. They are appointed to their positions by the heads of the organizations. Their role in the political process is mainly reduced to the preparation of political decisions and the legalization of decisions already made.
The second category includes public politicians, for whom politics is not only a profession, but also a vocation. They are not appointed to office, but gain their place in the political structure in an open political struggle.
In addition, the political elite is divided into ruling and opposition, upper, middle and administrative. In general, the elite is a necessary element in the organization and management of any society, any social community.
4.2. POLITICAL LEADERSHIP
A human leader (group) who takes on the role of head, leader of a social group, political party, organization, society as a whole, an athlete leading the race.
Leadership can be formal, that is, officially recognized and legally formalized, or it can not be formal.
A leader is a person who, due to certain reasons and circumstances, is endowed with a certain amount of authority in order to formulate and express the interests and goals of other people, to mobilize them for certain actions. How effectively he will perform the duties assigned to him largely depends on the personal qualities of the leader himself.
It is usually believed that in order to perform his functions, a leader must have the following qualities: competence, flexibility of mind, courage, determination, the ability to convince others that he is right, mobilize people for certain actions, the ability to select and dispose of people, have "charisma" and a sense of foresight, the ability and courage to take responsibility not only for oneself, but also for others.
4.3. TYPOLOGY OF POLITICAL LEADERS.
M. Weber identifies three main types of leadership: traditional, charismatic, rational-legal or democratic.
Traditional leadership is based on political tradition, for example, the crown prince becomes king, even if he does not have the qualities of a leader. The basis of its legitimacy is its elite origin.
Charismatic leadership presupposes the exceptional personal qualities of the leader himself, which he actually possesses or which are attributed to him by his environment and are in every possible way inflated by the media. V. Lenin, I. Stalin, A. Hitler, Mao Zedong, A. Khomeini and others were charismatic leaders. The basis of a charismatic leader's legitimacy is his superiority over others.
Rational and legal (democratic) leadership is based on the existing legal and regulatory framework in society. For example, in accordance with constitutional norms, citizens elect the president of their country, entrusting him with the highest office in the state for a certain period. Its legitimacy is based on presidential status (public office).
Political leaders can combine several types of leadership at once. For example, a rational and legal leader may also have charismatic qualities (De Gaulle - France, Roosevelt - USA).
According to the American scientist Margaret Hermann, the following factors should be taken into account when considering leadership:
the character of the leader himself;
properties of its constituents (adherents, voters);
the relationship between the leader and his constituents;
the specific situation in which leadership is exercised.
Taking into account the above factors, M. Hermann singles out four
type of leadership:
A standard-bearer leader who has his own vision of reality, "his own dream", for the sake of which he exercises his leadership and seeks to captivate others.
A servant leader who seeks to act as a spokesman for the interests of his adherents.
A sales leader who has the ability to convince his supporters to “buy” his plans and ideas, to involve people in their implementation.
A firefighter leader is a leader who responds to problems (situations) that have already arisen, i.e. engaged in "extinguishing the fire".
V real life(according to M. Hermann) most leaders use all four images of leadership in a different order and combination.
Leaders are divided into three main types of leadership: authoritarian, democratic, and liberal.
4.4. LEADERSHIP THEORY (OR HOW BECOMES A LEADER).
There are various theories to explain the phenomenon of leadership. For example, trait theory explains the nature of leadership by the outstanding qualities of individuals.
The situational concept tends to believe that the leader owes his "birth" largely to the situation. For example, “the right person” was in the “right place” at the “right time”. In other words, he managed to assess the situation and did not miss his chance. But here it is necessary that the potential leader himself “matured” for the situation that has arisen.
Constituent theory views leadership as a special relationship between a leader and constituents (activists, followers, voters who support a given leader). According to this theory, a leader should be guided by the interests and needs of the group, those social strata that are ready to support him, which, in essence, make him a leader.
Psychological concepts of leadership can be roughly divided into two main areas. According to the first, in the "mass" man there is a need for authority and a patron. The absence of a leader - a hero for many people becomes almost a tragedy. And such people are strenuously looking for idols and sometimes create heroes even from mediocre people.
The second direction of the psychological concept explains the phenomenon of leadership by the existence of a certain type of individuals predisposed to authoritarianism and constantly striving for power. Often these people have certain inferiority complexes and in order to somehow compensate for them, they strive to prove themselves, rising above others (E. Fromm).
Sociological concepts explain the phenomenon of leadership by the functional necessity of the social system. Any social structure (community, society) can function stably only if there is a certain control system. The leader is objectively a necessary element of the control system (T. Parsons).
To classify leadership, the typology of political domination proposed by M. Weber is also used: traditional leadership, charismatic, legal or democratic.
FUNCTIONS OF A POLITICAL LEADER.
The functions of a political leader are very diverse. They depend on the society and the state in which he has to rule, on the specific tasks facing the country, on the balance of political forces. The most important of these functions are:
Integration of society, social community, class, party, etc. on the basis of common goals, values, political ideas.
Determination of strategic guidelines in the development of society and the state.
Participation in the process of developing and making political decisions, identifying ways and methods of implementing program goals.
Mobilizing the masses to achieve political goals. Social arbitration, maintaining order and legality.
Communication between the authorities and the masses, strengthening channels of political and emotional communication with citizens, for example, with the help of the media or during various mass events, including during the period of election campaigns.
The legitimization of power.
Literature
Artemov G.P. Political Sociology. M., 2002. Blonden P. Political
leadership. M., 1992. Vasiliy ML., Vershinin M.S. Political science. M., 2001.
Gaman-Golutvin O.V. Political elite - definition of basic concepts //
Political studies. 2000. No. 3.
Gaman O. Regional Elites modern Russia: strokes to the portrait // Dialogue, 1996. № 8.
P.L. Karabushenko Political education for the formation of the elite // Polis, 2000. № 4.
Lenin V.I. Childhood disease of "leftism" in communism // Paul. collected works T. 41.
Machiavelli N. Sovereign. M., 1990.
Maltsev V.A.Fundamentals of Political Science. M., 2002.
Mills R. The Ruling Elite. M., 1959.
F. Nietzsche Thus Spoke Zarathustra. M., 1990.
THEME 5 POLITICAL SYSTEMS AND REGIMES.
STATE.
One of the broadest categorical concepts in political science, giving a systematic description of political phenomena and processes in close relationship and interaction with the environment, is the concept of a political system. In its broadest interpretation, this concept includes everything that is relevant to politics.
5.1. STRUCTURE OF THE POLITICAL SYSTEM OF SOCIETY
Subjects of political activity - classes, nations, other social communities, political organizations, individuals.
Political relations in society - relations of classes, nations, other social communities, as well as personalities-subjects of political relations
The political organization of society - political institutions, social institutions, i.e. control part of the political system Political consciousness of society - political ideologies, morality, traditions, norms of social and political life.
The political system consists of a number of subsystems: institutional (the state and its bodies, political parties and pressure groups, the media, the church, etc.); normative (socio-political norms of a legal and non-legal nature, political traditions and rituals, etc.); communicative (all possible forms of interaction both within the system (for example, parties - the state, pressure groups - parties, etc.), and between the political system and the economic sphere, as well as between the political system of one country and the political systems of other countries);
functional (dynamics of political life, a set of means and methods of exercising power).
The main purpose of the political system is the leadership and management of public affairs.
Political leadership is the definition of strategic goals and prospects for social development, management is their implementation.
The political system in all the diversity of its structural elements and functions acts as a means of social integration and restraining the destructive influence of social differences on the functioning of the social organism as a contradictory but unified whole.
5.2. BASIC FUNCTIONS OF POLITICAL SYSTEMS
The functional side of the political system is covered by the concept of "political regime".
In political science, the following typology of political regimes is most common:
A totalitarian political regime is a regime of "all-consuming rule", which infinitely interferes in the life of citizens, including all their activities in the scope of its governance and coercive regulation.
As the "generic characteristics" of this regime are usually distinguished:
1. the presence of a single mass party led by a charismatic leader, as well as the actual merger of party and state structures. This is a kind of "party-state", where the central party apparatus is in the first place in the power hierarchy, and the state acts as a means of implementing the party program; monopolization and centralization of power, when such political values as subordination and loyalty to the "party-state" are primary in comparison with material, religious, aesthetic values in motivating and evaluating human actions. Within the framework of this regime, the line between political and non-political spheres of life ("the country as a single camp") disappears. All life activities, including the level of private, personal life, are strictly regulated. The formation of government bodies at all levels is carried out through closed channels in a bureaucratic way;
2. "autocracy" of the official ideology, which through massive and purposeful indoctrination (mass media, education, propaganda) is imposed on society as the only true, true way of thinking. At the same time, the emphasis is placed not on individual, but on "cathedral" values (state, race, nation, clan). The spiritual atmosphere of society is distinguished by a de facto intolerance of dissent and "dissent" on the principle "who is not with us is against us";
3. a system of physical and psychological terror, a police state regime, where the principle prevails as a basic "legal" principle "only what is ordered by the authorities is allowed, everything else is prohibited."
The totalitarian regimes traditionally include communist and fascist ones.
An authoritarian regime is an undemocratic state system characterized by a regime of personal power, "self-imposed" dictatorial methods of government.
Among the "generic" features of this regime:
1. power is unlimited, beyond the control of citizens, and is concentrated in the hands of one person or a group of persons. It can be a tyrant, military junta, monarch, etc .;
2. reliance (potential or real) on force. An authoritarian regime may not resort to massive repression and even be popular among the general population. However, in principle, he can afford any actions in relation to citizens in order to force them to obey;
3. monopolization of power and politics, prevention of political opposition, independent legal political activity. This circumstance does not exclude the existence of a limited number of parties, trade unions and some other organizations, but their activities are strictly regulated and controlled by the authorities;
4. replenishment of leading personnel is carried out through co-optation, and not through pre-election competition; there are no constitutional mechanisms for the succession and transfer of power. Power changes often take place through military and violent coups;
5. refusal of total control over society, non-interference or limited interference in non-political spheres, and above all in the economy. The government is primarily concerned with ensuring its own security, public order, defense and foreign policy, although it can also influence the strategy of economic development, pursue an active social policy, without destroying the mechanisms of market self-regulation.
In this regard, an authoritarian regime is often called a mode of manifestation with limited moralism: "Everything is allowed except politics."
Authoritarian regimes can be subdivided into rigidly authoritarian, moderate, and liberal. There are also such types as populist authoritarianism, "based on an equalizingly oriented masses, as well as" national-patriotic ", in which the national idea is used by the authorities to create either a totalitarian or democratic society, etc.
Authoritarian regimes include:
Absolute and dualistic monarchies;
Military dictatorships, or regimes with military rule;
Technocracy;
Personal tyranny.
A democratic regime is a regime in which power is exercised by a freely expressing majority. In Greek, democracy is literally the rule of the people or democracy.
The initial basic principles of democracy, without which this form of human community is practically impracticable, are:
a) popular sovereignty, that is, the people are the primary bearer of power. All power is from the people and is delegated to them. This principle
does not imply the adoption of political decisions directly by the people as, for example, in a referendum. It only assumes that all carriers of state power received their power functions thanks to the people, that is, directly through elections (parliamentary deputies or the president) or indirectly through representatives elected by the people (a government formed and subordinate to parliament);
b) free elections of government representatives, which presuppose the presence of at least three conditions: freedom to nominate candidates as a consequence of the freedom of formation and functioning of political parties; freedom to vote, i.e. universal and equal suffrage on the principle of "one person, one vote"; freedom to vote, perceived as a means of secret ballot and equality for all in obtaining information and the opportunity to conduct propaganda during the election campaign;
c) the subordination of the minority to the majority while strictly observing the rights of the minority. The main and natural duty of the majority in a democracy is respect for the opposition, its right to free criticism and the right to replace, following the results of new elections, the former majority in power;
d) implementation of the principle of separation of powers. Three branches of government -
legislative, executive and judicial - have such powers and practice that two "corners" of this kind of "triangle", if necessary, can block the undemocratic actions of the third "corner" that are contrary to the interests of the nation. The absence of a monopoly on power and the pluralistic nature of all political institutions is a prerequisite for democracy;
e) constitutionalism and the rule of law in all spheres of life. The law prevails regardless of the person, everyone is equal before the law. Hence the "frigidity", "coldness" of democracy, that is, it is rational. The legal principle of democracy: "Everything that is not prohibited by law is permitted."
Democratic regimes include:
presidential republics;
parliamentary republics;
parliamentary monarchies.
REGIMES: the nature and measures of the exercise of power; people's attitude to power; the status of horizontal structures; the nature of the prohibitions; ideals of power; ideals of political behavior.
DEMOCRATIC. Representative power in accordance with the law; the choice of specific holders of power by the people; horizontal social structures - the basis of the political system; everything is allowed that is not prohibited by law; moral observance of laws; morality, obedience to the law, professionalism, activity.
LIBERAL. Dialogue of power with independent groups, but its result determines power; the influence of society on power; the expansion of any organizations, except for those claiming power; everything is allowed, except for a change of government; morality, competence, strength; activity, critical conformism, professionalism.
AUTHORITARY The emergence of public structures uncontrolled by the authorities; alienation of the people from power; it is possible to exist in professional spheres, but not of a state nature; allowed what is not related to politics; competence, strength; professionalism, obedience, powerlessness.
TOTAL Universal unlimited control and violence; fusion of public consciousness with the authorities; destruction of any horizontal structures; only that is allowed. what is ordered by the authorities; omnipotence; enthusiasm, typicality.
The central institution and the core of power of any political regime is the state. What do we mean by the concept of "state"? Historically, the state is an institution for the political expression of the social need for ordering and centralization. In the "war of all against all" people would simply destroy each other if such an instrument for ensuring the integrity of society as the state had not emerged. According to one of the Russian philosophers, the state does not exist in order to create heaven on earth, but so that earthly life does not finally turn into hell.
From this point of view, the state can be defined as a social organization that has ultimate power over all people living within the boundaries of a certain territory, and whose main goal is to solve common problems and ensure the common good while maintaining, above all, order. A distinctive feature of the state is the monopoly on the legitimate, i.e. stipulated by law, coercion and violence. This is also the monopoly right to levy taxes in order to cover the costs associated with the activities of the state and the maintenance of a special layer of government officials. This is a monopoly on the issue of banknotes, the legal personification of the nation, i.e. its external representation as a sovereign subject of international relations, etc.
5.3. DISTINCTIVE FEATURES AND ATTRIBUTES OF THE STATE
Signs:
Compulsion
State coercion is primary and
priority in relation to the right to coerce other subjects within a given state and is carried out by specialized bodies in situations determined by law.
Sovereignty
The state has the highest and unlimited power over all individuals and organizations operating within historically established boundaries.
Universality
State power is a "universal" supreme power, acting on behalf of the whole society and extending its influence over the entire given territory.
Attributes:
Territory
Defined by the boundaries dividing the spheres of sovereignty of individual states
Population -
Nationals of the state to which his power extends and under whose protection they are even abroad
Apparatus -
The system of bodies and the presence of a special "class of officials" through which the state functions and develops
In structural and institutional terms, the state appears as a ramified network of institutions and organizations that personify three branches of government: legislative, executive and judicial.
TOPIC 6. STATE
Legislative power at the macro level is represented by parliament, which establishes laws, that is, develops and approves new ones, supplements, changes or abolishes existing ones. In a democracy, parliament also carries out the function of making the most important political decisions. Being elected directly by the people, it acts as an exponent of the people's will and for this reason is the most important legitimizing body.
Parliament formation scheme
The executive branch is represented by the government and administrative bodies. The structure of executive state bodies includes ministries and departments, control and supervisory authorities, the armed forces, law enforcement agencies, the state security service, etc. This part of state power in a democracy implements major political decisions made by the legislature. At the same time, the government has the constitutional right to make its own political decisions and bylaws related to the implementation of its managerial functions.
The judiciary is represented by a system of judiciary and a statute of independent judges who obey only the law. The court personifies the highest legality in the state and plays a major role in resolving conflicts that arise in various spheres of life.
The state apparatus is a part of the mechanism of the state, which is a set of state bodies, endowed with powers for the implementation of state power.
Let us present the structure of the state apparatus using the example of the Russian Federation.
Regardless of the type, the state performs the following functions:
protection of the state system;
prevention and elimination of socially dangerous conflicts;
maintaining a common domestic policy for the country as a system of its specific manifestations (social, economic, financial, cultural, etc.);
protection of the country's interests at the international level (foreign policy functions), etc.
From the point of view of the form of government (i.e., the way of organizing the supreme power), there are two main types of state: monarchy and republic.
Monarchies are:
absolute, when all power, limited by anyone and nothing, belongs to the monarch (Saudi Arabia, United Arab Emirates);
dualistic (dualistic), where the power of the monarch in the sphere of legislation is limited by a representative body (parliament), for example, Jordan, Morocco, etc .;
parliamentary, where the monarch is, as it were, a national symbol and rather reigns than rules. In this case, real power is concentrated in the hands of the government and parliament (Great Britain, Belgium, Holland, etc.).
Republics are subdivided into:
- presidential (the classic example is the United States), when the president, who is elected, most often directly by the people, is simultaneously the head of state and the head of government. He directs domestic and foreign policy, is the supreme commander of the armed forces. The president appoints cabinet ministers who are accountable to him and not to parliament.
Under a presidential republic, the legislative and executive branches of government are rigidly separated and enjoy considerable independence. Parliament cannot pass a vote of no confidence in the government, and the president cannot dissolve parliament. Only in the event of serious anti-constitutional actions or a crime on the part of the president, he can be impeached, and he is early removed from power (the case of President R. Nixon).
The relationship between parliament and the president is based on a system of deterrence, balance and interdependence. Parliament can restrict the president's actions through laws and through budget approval. The president usually has a suspensive veto over a parliamentary decision;
- parliamentary, when the government is formed on a parliamentary basis (usually by a parliamentary majority) and is only formally responsible to parliament. If necessary, the latter can express a vote of no confidence to the government, which entails either his resignation, or the dissolution of parliament and the holding of early elections.
The government has executive power, and often legislative initiative, as well as the right to petition the president to dissolve parliament. Unlike a presidential republic in a parliamentary one, government membership is compatible with a parliamentary mandate. Although the head of government (prime minister, chancellor) is not officially the head of state, in reality he is the first person in the political hierarchy. The president, as the head of state, most often performs only representative functions (Italy, Germany, etc.);
Mixed (semi-presidential: Austria, Portugal, France, etc.) They have a strong presidential power, which is combined with effective parliamentary control over government activities. Later, he was responsible both to the parliament and to the president. Russia also belongs to an adjacent type, combining the features of both a parliamentary and a presidential republic.
On the basis of the Territorial structure, the following are distinguished:
a unitary state in which there is one constitution, unified systems of the highest authorities, law and legal proceedings, and a unified citizenship. The administrative-territorial parts of such a state do not have political independence;
Federation, i.e. a union state consisting of state entities with a certain legal and political independence. The constituent parts of the federation (republics, states, provinces, lands, etc.) are its subjects and have their own administrative-territorial division. Each subject of the federation has its own constitution, corresponding to the federal one, issues legislative acts that do not contradict the federal, etc .;
A confederation, in other words, a union of states that maintain an independent (sovereign) existence and unite in order to coordinate their activities on some issues, most often in the field of defense, foreign policy, transport and communications, etc. Confederations are usually short-lived.
When characterizing a democratic state, there are also concepts such as:
the rule of law, in which the constitution and law prevail. The state itself and all social communities, as well as the individual, respect the right and are in the same position in relation to it;
A welfare state is a state that guarantees its citizens a certain level of social protection and security, worthy of a human being, and also seeks to create relatively equal starting opportunities for all.
Civil society is a set of social entities: groups, collectives, united by specific economic, ethnic, cultural, religious interests, realized outside the sphere of state activity.
In modern science, civil society is defined as an autonomous socio-economic life. Collectively, it is represented by economic organizations, enterprises, cooperatives, charitable organizations, cultural, ethnic, religious associations, and interest clubs. Civil society acts as an "intermediary" between the state and the individual. It is it that protects the individual from the state, provides guarantees for human rights, puts under control the activities of the state. It also becomes the guarantor of the stability of the rule of law.
The prerequisites for the formation of civil society are: the transition to a market economy, the emergence of specific group interests, an increase in the level and quality of life, the growth of the "middle class" of an educated and socially active part of society, the creation of legal guarantees for the free activity of independent public associations, mastery of universal human norms and values.
TOPIC 7. POLITICAL PARTIES AND PRESSURE GROUPS.
What are parties as key subjects of the "political market", producers of political goods?
In the Marxist tradition, parties are viewed as the highest form of organization of a class or its stratum, embracing its most active part, reflecting its fundamental political interests and pursuing long-term class goals. Parties as political organizations directly participate in social and political life, express their attitude to the existing government, are published in the name of preserving and strengthening this government or changing it.
In the liberal-democratic tradition, parties are interpreted as organized political forces that unite citizens of the same political tradition and serve to conquer or participate in power in order to realize the goals of their adherents. Embodying the human right to political association with other people, parties reflect the general group interests and goals of heterogeneous segments of the population (social, national, religious, etc.). Through this institution, people put forward group demands to the state and at the same time receive appeals from it for support in solving certain political issues.
From this point of view, parties are institutionalized instruments for the formation and representation of the political aspirations and goals of social class forces. They are a kind of intermediaries between the public and government bodies.
There are usually four main characteristics of a batch.
First, every party is the bearer of a certain ideology, whether at least it expresses a specific orientation of the vision of the world and man.
Secondly, this is a relatively long-term association, i.e. an organization with a specific structure and territorial dimension (national, regional, local, and sometimes international).
Thirdly, the goal of any party is the conquest of power or participation in it along with other parties.
Fourth, each party seeks to secure the support of the people for itself - from inclusion in its members to the formation of a wide circle of sympathizers.
The following are distinguished as internal groups and associations within the party: party leaders; party bureaucracy;
party leaders
party bureaucracy
brain headquarters, party ideologists;
party asset;
rank-and-file party members.
If a party succeeds in elections, then this number also includes:
"party members are legislators";
"Party members are members of the government."
A significant role in determining the political weight and influence of a party is played by those who are generally outside its framework:
"party electorate", i.e. those who vote for a party in elections;
"party patrons" who provide the parties with a certain amount of support.
In general, by the type of structural ties, a party can be represented by three concentric circles:
The priority goal of the party - the struggle for power - results in such functions as:
development of an ideological doctrine and program as a kind of "declaration of intent";
political socialization of the masses, i.e. shaping public opinion, involving citizens in political life, ensuring their support for the goals and programs of the party;
preparation and promotion of leaders and elites for all levels of the political system, etc.
There are many criteria by which political parties are classified:
according to the social criterion, class parties are distinguished, interclass (interclass) parties, "grab everyone" parties;
according to the organizational structure and nature of membership - personnel and mass, with clear and formally defined principles of membership and with free membership, with individual and collective membership, etc .;
in relation to the place in the political system - legal, semi-legal, illegal, ruling and opposition, parliamentary and extra-parliamentary;
by target and ideological attitudes, methods and forms of action - radical, liberal, conservative; communist, socialist and social democratic; Christian, etc.
The multiparty system is the soul of democracy. Democracy minus a multi-party system is nothing more than a dictatorship. The blessing of the multi-party system is that:
firstly, political issues receive comprehensive coverage under her. Every social need finds its defenders and critics;
secondly, there is an opposition that does not forgive the authorities for their mistakes. This constrains bureaucratization and forces the government to act effectively.
The second most massive organized subject of the political market is interest groups and pressure groups. This concept refers to the organization of the different types whose members, without claiming the highest political power in the system, try to influence it to ensure their specific interests. This is their fundamental difference from political parties.
These groups include: workers' unions;
farmer (peasant) organizations and unions;
professional associations of entrepreneurs;
feminist, environmental, human rights, pacifist, etc. movement;
veterans' unions Acting on the basis of creation I;
philosophical clubs and societies, etc.
Literature
Aron R. Democracy and totalitarianism. M., 1993.
Arendt X. The origins of totalitarianism. M., 1996.
A.P. Butenko From totalitarianism to democracy: general and sypicy // Socio-political journal. M., 1995. No. 6.
Vasiliy ML., Vershinin M.S. Political science. M., 2001.
G.V. Kamenskaya, A.L. Rodionov Political systems of our time. M., 1994.
LedyaevVT. Forms of Power: Typological Analysis // Political Studies. 2000. No. 2.
V.P. Pugachev Political Science: A Student's Handbook. M., 2001.
Soloviev E.G. The phenomenon of totalitarianism in the political thought of this and the West. M., 1997.
Yu.T. Sumbatyan Authoritarianism as a category of political science // Social and humanitarian knowledge. M., 1999. No. 6.
Tocqueville A. Democracy in America. M., 1992.
TsigankovAL. Modern political regimes: structure, typology, dynamics. M., 1995.
TOPIC 8. POLITICAL CULTURE AND POLITICAL SITUALIZATION
Political culture can be considered as a torically conditioned qualitative characteristic of the political sphere of society, which includes the level of development of the subject of politics, his political activity and the results of this activity, "objectified" in the corresponding socio-political institutions and relations. In a narrow sense, it is a complex of ideas of a particular national or socio-political community about the world of politics. Just as culture as a whole defines and prescribes certain norms and rules of behavior in various spheres of life and life situations, political culture defines and prescribes norms, behavior and "rules of the game" in the political sphere. It provides the individual with guiding principles for political behavior, and the collective with the system of values and orientations that ensure unity.
An analysis of the state of political culture makes it possible, for example, to explain why institutions of state power of the same form in different countries have different functional purposes, or why democratic institutions of power and constitutional norms in individual countries can comfortably coexist with a totalitarian regime of power.
Political culture includes a set of political knowledge, norms, rules, customs, stereotypes of political behavior, political assessments, political experience and traditions of political life, political education and political socialization characteristic of a given society.
Political culture is a certain way of thinking and a complex of ideas about the world of politics, about what is acceptable for the majority of the population, and what will be rejected, despite the efforts of the initiators of political innovations. For example, if the majority of members of a society are carriers of a patriarchal political culture, then for them the totalitarian or authoritarian regimes of power can be recognized as completely legitimate. Representatives of a democratic political culture will perceive such power regimes as political tyranny.
8.1. STRUCTURE OF POLITICAL CULTURE.
Political culture is a complex phenomenon, consisting of a whole complex of interrelated components. Let's consider some of them: Value-normative - political feelings, values, ideals, beliefs, norms, rules.
Cognitive - political knowledge, ways of political thinking, skills, skills
Evaluative - attitude to the political regime, to political phenomena, events, leaders.
Setting - stable personal guidelines for behavior, orientation towards certain actions in certain conditions.
Behavioral - the readiness for certain actions in a certain situation, and, if necessary, participation in the corresponding actions.
In addition to the components, the levels of political culture can also be distinguished:
Worldview level - our understanding of politics and its various aspects.
Civil level - the definition of their political status in accordance with existing opportunities.
The political level is the determination of one's attitude towards the political regime, towards its allies and opponents.
Attitudes towards politics, towards the political regime can change depending on certain events. People belonging to different social strata and classes, ethnic groups and nations, etc. evaluate events differently. Therefore, the political culture of a society, as a rule, is divided into a number of subcultures. For example, the subculture of one region may differ significantly from the subculture of another; one social group - from another, etc. In addition, new and traditional components interact in each culture.
8.2. FUNCTIONS OF POLITICAL CULTURE.
Political culture plays an important role in the formation and development of political institutions and relationships.
Political culture performs the following social and political functions in society:
value-normative - the creation of general "rules of the game" in the political sphere of society;
identification and integration - understanding the general belonging to a particular social group or society as a whole;
regulatory and regulatory - the development of certain norms and styles of political behavior, ways of protecting citizens of their interests and exercising control over power;
motivational - the ability to choose certain motives for one's political activity (passivity);
socialization - the assimilation of the basic elements of political culture, the acquisition of social and political qualities that give the individual the opportunity to freely navigate and function in the political sphere;
communicative - ensuring the interaction of all subjects and participants in the political process on the basis of common norms, values, symbols, samples of semantic perception of political phenomena.
8.3. TYPES OF POLITICAL CULTURE.
Political culture in the course of its historical evolution goes through a complex process of formation and development. For each historical era, for each type of political systems and social communities, its own special type of political culture is characteristic.
Patriarchal type - characteristic features of this type are: low competence in political problems, lack of interest of citizens in political life, orientation towards local values - community, clan, tribe, etc. The concept of the political system of society and the ways of its functioning is completely absent. Community members are guided by leaders, shamans and other, significant, in their opinion, personalities.
The subject type - focuses on the interests of the state, but low personal activity of this type assimilates well performing roles and functions, therefore it is easy to manipulate by various politicians, officials, political adventurers. Individual political activity of this type is rather low, and interest in politics is weak.
The concept of a political system is already present, but there is no idea of the possibilities of somehow influencing the government.
The activist type presupposes the active involvement of citizens in the political process, in participation in the choice of government bodies and in the desire to influence the development and adoption of political decisions. Citizens' interest in politics is quite high, they are well informed about the structure and functions of the political system and strive to realize their political interests with the help of constitutional rights.
8.4. POLITICAL SOCIALIZATION.
Socialization is the process of assimilation by an individual of social norms and cultural values inherent in the society in which he lives. Political socialization is part of general socialization. Its specificity lies in the fact that in the process of political socialization, the individual assimilates the norms and values of predominantly political culture, samples of political behavior, knowledge and ideas about the political sphere of society.
Political socialization is the process of integration (entry) of a person into the political life of society.
A feature of the first stage of political socialization is that the child assimilates certain political norms and cultural samples, but does not yet understand their essence and meaning.
At the second stage (school period of life), the individual realizes his connection with society and politics, acquires general ideas about the political system, political regimes. On the basis of the acquired political knowledge, ideas and general social experience, the individual forms a political identity and basic political attitudes.
The most crucial period in the life of an individual is the third stage of political socialization. This is the period when a person reaches the age of 18 and, in accordance with the Constitution of the Russian Federation, becomes a full-fledged citizen, capable of electing various government bodies and himself being elected to certain government structures. However, even during this period, the individual may experience some restrictions in the political sphere of activity. For example, in accordance with the Constitution of the Russian Federation, citizens who have reached the age of 35 and have permanently resided in Russia for at least 10 years can be elected to the presidency of the Russian Federation. The legislation of the Russian Federation and the constituent entities of the Russian Federation also provides for some other restrictions for people applying for certain elective positions in government structures.
The process of replacing the knowledge, norms, values and roles previously acquired by an individual with new ones is called resocialization.
LITERATURE
Almond G., Verba
С, Civil culture and stability of democracy \\ Political studies. 1992. # 4
Artemov G.P. Political Sociology. M., 2002.
Gazhdiev K. V. Political culture: conceptual aspect // Political studies. 1991. # 6
Gradinar I.B. Political Culture: Worldview Dimension. 4.1. SPb., 1996
Ionin L.G. Culture and social structure // Sociological research. 1996. No. 2,3.
Kamenets A.V., Onufrienko G.F., Shubakov A.G. Political culture of Russia. M., 1997.
G.V. Kamenskaya Political culture of the SA // International Economics and International Relations. 1993. # 4
Kozyrev G.I. Introduction to Political Science. M., 2003
Maltsev V.A.Fundamentals of Political Science M., 2002.
Yu.S. Pivovarov Political culture. Methodical sketch. M., 1996.
Political science. Textbook. For universities / Otv. ed. V.D. Perevalov. M., 2001. V.P. Pugachev Political Science: A Student's Handbook. M., 2001
TOPIC 9 WORLD POLITICAL PROCESS
9.1. POLITICAL PROCESS: ESSENCE AND STRUCTURE.
The political process is the process of the functioning and development of the political system of society. It occurs as a result of interaction (counteraction) of subjects and participants in politics regarding a particular object (s). “Subjects” are active actors in the political process, acting consciously and purposefully. “Participants” take part in the process sometimes not fully realizing the meaning and significance of what is happening. Sometimes they can be involved in certain actions by accident and even against their will. But in the course of the development of certain events, the statuses of "subjects" and "participants" can change places.
The political process is formed both from the purposeful conscious efforts of the subjects of political activity (individuals, social groups, political parties, government bodies, etc.), and as a result of interactions that arise spontaneously, regardless of the will and consciousness of the participants in the process. The political process can be viewed as a multi-level system consisting of many subsystems, many processes. Usually political processes are subdivided into basic and peripheral.
Basic political processes presuppose a variety of ways to include broad strata of the population (directly or through representative bodies - parties, movements, etc.) in political relations with the state regarding the implementation of certain socio-political requirements. In such cases, we are essentially talking about the participation of large social communities in political governance. Political processes can also be called basic, as a result of which political decisions are made that affect the interests of large social communities, society as a whole, or processes aimed at developing and changing the political system.
Peripheral political processes can develop at the regional or local level of socio-political interaction; can reveal the dynamics of the formation of individual political associations (parties, blocs, pressure groups, etc.). Basic and peripheral political processes, as a rule, have a stimulating influence on each other. For example, if a peripheral process touches on topical problems of “big” politics, or the intervention of the central authorities is necessary to solve the problems raised by it, then in these cases the peripheral political process can turn into a basic one. And, conversely, the process that has arisen as a basic one can be “lowered” for solution to the peripheral level, if it is appropriate.
Political processes are also subdivided into global and partial. In global processes, the aggregate actions of policy actors can radically affect the functioning, change and development of the political system as a whole. Partial processes can affect a certain sphere of life or some stage (stage) of a global process.
All political processes (global, private, basic, peripheral) are explicit (open) and shadow (hidden). For example, a political rally demanding the resignation of the government is an explicit (open) process. The government's decision to increase tax duties on imported goods is also an open process. But lobbying for a law in the Duma by a group of deputies is a hidden (shadow) process. In the political systems of a number of countries there is even such a thing as a "shadow cabinet". This is a group of influential persons (part of the political elite) who do not hold official government positions, but whose opinion significantly influences political decision-making.
Political processes, depending on certain subjective and objective factors, can have different modes of flow:
the mode of functioning is a simple reproduction of repetitive political relations;
development mode is an adequate response of power structures and mechanisms to new social requirements and corresponding changes in the political system;
decay regime - the disintegration of the integrity of the political system due to the fact that the decisions it makes are no longer able to adequately respond to the changed relations, and the political regime itself loses stability and legitimacy.
To “evaluate” any political process, the following steps must be taken:
find out the content of its object - the problem being solved;
determine the composition of the participants and their interests;
study the nature of the relationship between the participants in the process;
determine the scope and possible outcome of the process.
9.2. SUBJECTS AND PARTICIPANTS OF THE POLITICAL PROCESS.
The concepts of "subject" and "participant" are not always identical.
A subject is an actively acting author of the political process, a bearer of substantive and practical political activity, capable of exerting an influence on the object of politics.
The subject of politics can be an individual, a social group and organization, a political organization and movement, political institutions and state structures; social community (class, nation, ethnic or confessional group, society); political elites or counter-elites; state, groups of states, the world community.
Some researchers propose to classify policy actors on various grounds:
Subjects of the social level: classes, ethnic groups, groups, the individual, the electorate, the mafia, the military-industrial complex, the commercial bourgeoisie, etc.
Institutional actors of politics: state, party, trade union, parliament, president, university, etc.
Functional subjects of politics: army, church, opposition, lobby, mass media, transnational corporations, etc.
Participants in the political process are individuals, groups, organizations, labor collectives, social communities, etc., taking part in certain political events or political life in general.
9.3. PERSONALITY AS A POLICY SUBJECT.
Personality is a set (system) of socially significant qualities that characterize an individual as a member of a society, as a product of social development.
A person as a subject of politics is an individual who takes an active and conscious part in political activity and exerts a certain influence on the political process. There are several options for the participation (non-participation) of an individual in politics:
Active active participation, when politics is a profession, vocation and / or the meaning of life for an individual.
Situational participation, when an individual participates in politics solving his personal or group problems, or fulfilling his civic duty, for example, taking part in elections or expressing the position of his social group at a political rally.
Motivated non-participation as a protest against the current policy.
Mobilization participation, when an individual is forced to take part in certain social and political events or events. Such participation is most characteristic of totalitarian and authoritarian regimes of power.
Detachment from any political events, unwillingness to participate in the political process, due to personal apoliticality and passivity. In the first three, described above, options, the personality acts in the role of the subject of politics, since in one way or another it can influence the political process. In the last two options, the person is not the subject of politics. Apolitical and passive individuals are easily amenable to political manipulation and, as a rule, become an object in "alien" politics. In such cases, it is appropriate to recall the words that have become an aphorism: "If you do not want to engage in politics, then politics itself, sooner or later, will take care of you."
The degree of a person's involvement in politics depends on many subjective and objective factors. Let's list some of them:
the level of political culture, civic consciousness and individual social activity of the individual;
the degree of infringement of personal and group interests and the desire to protect them;
objectively established conditions and prerequisites that stimulate socio-political changes in society;
the socio-political and economic situation that has actually arisen in the society (region);
possession of various types of capital (economic, political, symbolic, etc.), which allows an individual to rely on the support of certain social groups.
9.4. POLITICAL ACTIVITY.
Activity is the conscious actions of people aimed at satisfying their needs, transforming the world around them and their own nature. Human activity is deliberately purposeful. Political activity is the deliberate, purposeful actions of the subjects of politics pursuing individual, group goals and interests. As a rule, it is the prerogative of political professionals performing their functional duties. At the same time, if political professionals are part of state structures, then their activities should be a set of organized actions of policy actors aimed at implementing the general tasks of the political system of society. If this activity of the subjects of politics is in opposition to the ruling regime, then it (activity) may pursue completely different goals and interests.
The most important categories of political activity are rationality, efficiency and legitimacy. Rationality presupposes the expression of social needs, expediency and scientific validity of political goals and ways to achieve them. Efficiency is the real results (visible tendencies) of political activity. Legitimacy is the approval and support of political activity by the citizens of a country.
But in real life, political activity can be irrational, ineffective, and illegitimate. Such a negative result of political activity depends not only on the professional qualities of the subjects of politics and on the availability of the necessary resources, but also on their political motivation. If the ruling political elite, through its political activities, creates the most favorable conditions for a relatively small stratum of wealthy people, ignoring the interests of the rest (for example, as has been done since the beginning of the 90s of the XX century in Russia), then for the majority of citizens of the country and society as a whole, such political activity will be irrational, ineffective and illegitimate.
Main types of political activity:
the struggle for political power and power. This type of political activity is one of the main ones, since the possession of power or participation in the exercise of power gives the subjects great opportunities to achieve their goals;
participation in the formation and development of the implementation of political decisions;
activities in non-state political institutions (parties, social and political organizations and movements, etc.);
organization and holding of mass social and political events (rallies, demonstrations, strikes, pickets, etc.);
motivated non-participation in certain political events, for example, as a form of protest against a policy that does not meet the interests of the author or his social group.
Depending on the direction of action, researchers distinguish three main groups of political activity1:
Activities within the political system itself, such as interactions between political institutions.
The action of the political system in relation to the environment, for example, the adoption of managerial decisions in order to change certain relations in society.
Actions of the surrounding social environment aimed at political institutions of power, for example, expression of support or distrust of the government, participation in the formation of institutions of power in elections, etc.
Political activity is also divided into practical and theoretical. Each of these types of activity is determined, as a rule, by the specifics of the political subject.
9.5 POLITICAL RELATIONS.
Political relations arise as a result of the interaction of subjects and participants in the political process about the conquest, installation and application of political power.
The subjects of political relations are individuals, social and political groups, organizations and movements, large and small political communities, social and political institutions, the state. The cumulative object of political relations is political power, which finds its expression in all spheres of political life. She (power) is not only an object of political relations, but also a means of ordering, organizing, changing, rationing, etc.
The nature of political relations largely depends on the political regime of power. In a totalitarian state, these are relations of a rigid hierarchy of subordination and dependence on the vertical of power. In a democratic society, political (power) relations are more designed to fulfill the functions of management, regulation and control. Here, along with vertical (power) relations, a lot of horizontal ties and relations arise - relations of cooperation, rivalry, compromises, dialogue, etc.
The existing in society (state) legal framework, for example, the constitution, has a great influence on the formation and development of political relations. In the Constitution, as a rule, the methods of interaction and the limits of powers of the main subjects of politics are recorded, options for resolving possible conflict situations are indicated.
The next factor that has a significant impact on political relations is the political culture of the country's citizens. If a patriarchal or subservient political culture prevails in society, then it is much easier for the ruling elite to manipulate people and form political relations that meet the interests of these elites.
Political relations also depend on the effectiveness and efficiency of the policy pursued in the country, on the behavior and activities of certain subjects of politics.
9.6 POLITICAL PARTICIPATION.
In each state, depending on the political regime, on the level of development of civil society and the political culture of citizens, on historical traditions and other factors, one or another form and degree of citizens' involvement in the political process develops. This involvement of ordinary citizens in politics is called political participation.
Political participation should be distinguished from similar concepts such as political activity and political behavior.
Political activity is a set of organized actions of policy actors aimed at implementing the general tasks of the political system. Political activity is the implementation of political strategy and tactics carried out primarily by institutionalized political actors (government agencies, political parties, pressure groups, etc.). In other words, these are the activities of political professionals performing their functional duties. Although non-professional and non-institutionalized participants cannot be completely excluded from general political activity.
Political behavior reflects the qualitative characteristics of participation and activity, motivational and emotional components in the actions of an individual or a group participating in a particular political process.
Political participation is the involvement of citizens in the political process, in certain political actions. Here we are talking, first of all, about the participation in politics of ordinary citizens who do not claim the "title" of professional politicians, for example, the participation of ordinary voters in an election campaign.
In political theory, the following reasons for the involvement of the individual and groups in the political process are distinguished:
rational choice theory - a person seeking to realize his interests, seeks to benefit from political participation;
participation as a desire to protect their interests, for example, to prevent a reduction in production in a particular industry;
participation as an expression of loyalty to the existing regime of power or as an act of support for one or another political party or movement;
desire for success in life and public recognition through participation in politics;
understanding public duty and exercising one's own civil rights;
understanding (awareness) of the social significance of the upcoming political event;
mobilization participation - the use of various methods of coercion or encouragement in order to attract citizens to participate in a particular political event.
There are two main forms of political participation of citizens in the political process: direct and indirect.
Direct - this is when an individual or a group personally participates in a particular political event, for example, in the elections of parliamentary deputies.
Indirect participation is carried out through their representatives. For example, a popularly elected parliament, on behalf of its voters, forms the government, issues laws, that is, it exercises political control over the country. Researchers of the problem divide the different types of participation into three main types:
participation-solidarity aimed at supporting the existing political system;
participation demand or protest aimed at partial or radical change in the existing course of development of society;
deviant participation - the use of unconstitutional, including violent, methods with the aim of overthrowing the existing regime.
The role, significance and forms of political participation largely depend on the type of political system, the political regime of power.
9.7 POLITICAL CONDUCT.
Political behavior is a qualitative characteristic of political activity and political participation; it is how a person behaves in this or that situation, in this or that political event.
The political behavior of an individual (group) can depend on many factors. Let's list some of them:
Individual emotional and psychological qualities of a subject or participant in a political process. For example, for the behavior of V.V. Zhirinovsky is characterized by such properties as emotional richness, unpredictability, shocking; for V.V. Putin - prudence, balance in words and deeds, external calmness.
Personal (group) interest of a subject or participant in political action. For example, a deputy is intensely lobbying for a bill of interest to him, although he is rather passive when discussing other issues.
Adaptive behavior is behavior associated with the need to adapt to the objective conditions of political life. For example, it is difficult to imagine a daredevil who, in a crowd, glorifying any political leader (Hitler, Stalin, Mao Zedong), would shout slogans denouncing this leader.
Situational behavior is behavior conditioned by a specific situation, when the subject or participant of a political action has practically no choice.
Behavior conditioned by moral principles and moral values of a political author. For example, Jan Gust, Bruno and many other greatest thinkers could not “give up their principles” and became victims of the Inquisition.
The competence of an actor in a particular political situation or political action as a factor of behavior. The essence of “competence” is how well the subject or participant is in control of the situation, understands the essence of what is happening, knows the “rules of the game” and is able to use them adequately.
Politically Manipulated Behavior. This is when people are “forced” to behave in one way or another with lies, deception, populist promises.
Forced coercion to a certain type of behavior.
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BASIC LITERATURE FOR THE COURSE "POLITICAL SCIENCE"
1. Avtsinova G.I. Socio-legal state: the essence and features of its formation. // Social and humanitarian knowledge. 2000, No. 3. S. 90-104.
2. Vodolagin A.A. Internet media as an arena of political struggle. // Social sciences and modernity. 2002, No. 1. S. 49-67.
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ADDITIONAL LITERATURE TO THE COURSE "POLITICAL SCIENCE"
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7. Dibirov A.-N.Z., Pronsky L.M. On the nature of political power. // Bulletin of Moscow State University. Ser. 18 (sociology and political science). 2002, No. 2. S. 48-60.
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Political science is the science of politics, the constituent parts of the political system (political parties, the media, etc.), the relationship between power and personality, collectives of people, norms of political ethics, etc. The theory of state and law provides material for characterizing the state and law as integral parts of the political system of society, determines the nature and forms of state power, the impact of the law on the activities of the power structures of society. At the same time, political science helps to deeply understand the interaction of the state and law with other parts of the political system, connections with political phenomena, relations, institutions, and subjects of political life.
Political science is a science that studies relations between people about state power. With regard to the state, political science studies its place among other institutions of the political system of society (political parties, public associations, etc.).
The theory of state and law and political science (political science) are in contact about, first of all, the state. The difference in their approaches to this object is that the theory studies the state mainly from the inside (essence, structure, mechanism, etc.), and political science considers it as an element of the political system of society. At the same time, both of these approaches mutually enrich each other. In addition, within the framework of political science, issues of political power that are very important for both the theory of the state and the theory of law are being developed.
The main purpose of political science is the study of politics, political institutions, systems and processes. State and law are inseparable from politics and political life of society. Moreover, the state and its activities are by no means a special case of politics, not one of the individual, ordinary participants in political life. Political life in general is directly connected with state power, with its content and forms, methods of activity. Politics, according to the ancient Greeks, is the art of government.
Political (state) power is the crown of politics, serves as the basis for order in society. All political parties and other political institutions are directly or indirectly associated with political power, therefore, they all actively interact with the state and law.
Ethics is usually understood as the science of morality (morality) as a form of social consciousness. Moral norms, along with legal norms, are the main instruments for regulating public relations. They are similar in content and social orientation, although they have a number of characteristic features and characteristics. Analysis of the interaction of such social regulators, determination of the directions of their convergence in the conditions of the formation of the rule of law and civil society enrich the content of both ethics and jurisprudence.
Hermeneutics as a science of the interpretation and analysis of written texts is actively used in jurisprudence, since the sources (forms) of law are externally expressed in modern jurisprudence, as a rule, in certain written documents of an official nature (regulations, judicial precedents, regulatory agreements, etc.), for which their external text expression has a special meaning.
State and law are studied not by one science, but by a whole complex of social sciences. This idea can be illustrated by the example of the problem of the essence of the state - a complex and contradictory phenomenon. The versatile activities of its numerous bodies and institutions can be seen in the political, economic, cultural life of society, in international relations. The state is engaged in management - this is the sphere of management science; it is connected with the world of the economy - this is the business of the economy; the state pursues a political course, cooperates with parties - this is political science; the state requires a sociological understanding - this is sociology. To understand law and the state, it is necessary to go beyond them, to reveal the cultural, social, political, economic and other reasons that determine their purpose, function and role.
Developments in the field of the etymology of legal terms are also of great importance for the theory of state and law. The etymology of words such as "law", "law" in the context of the Indo-European family of languages gives an idea of the original meanings of these words, which are still important for jurists.
One of the classic sections of the modern theory of state and law is the section devoted to the problems of interpretation of law. But the problem of interpretation is also considered within the framework of one of the philosophical trends common in Western thought. In this case, we are talking about hermeneutics - the theory of understanding and interpretation of texts and other cultural phenomena. As a result of the partial coincidence of the interests of representatives of this philosophical trend and jurists, a special area of scientific knowledge was formed - legal hermeneutics. The subject of the study of legal hermeneutics is legal texts. Specialists in legal hermeneutics touch upon in their works the problems of Theory of State and Law that are relevant to the theory of law. Textbook for law schools and faculties. // ed. V.M. Karelsky and V.D. Pavlova. - M .: Publishing group Norma-Infra. M., 2006.S. - 33 ..
So, considering the place of law in the system of the above sciences, we can conclude that the theory of state and law does not have a monopoly on the consideration of some political and legal issues. These include, first of all, the problem of defining the very concept of the state, the problem of comprehending the essence of the state, the problem of understanding the origin of the state, the problem of defining the concept of law, the problem of comprehending the essence of law, the problem of understanding the origin of law. Therefore, jurisprudence is represented by the provisions of the philosophical, sociological, anthropological and a number of other scientific schools. But the law has a special perspective on these problems. Here, special emphasis is placed on the study of the political component in law and on the study of the legal principle in the functioning of the state.
So, only taking into account the connection of law with the state in domestic jurisprudence, such concepts as the concept of a rule of law, law and by-laws, legal relations, legislative process, legality and order, offense and legal responsibility, etc. are developed.
In turn, taking into account the legal component of the state, the concept of the state, state apparatus, state power, etc. is being developed in domestic jurisprudence.
The theory of state and law is one of the basic scientific disciplines of the legal profile. The term "theory" in this case means a generalized name for a number of separate theories, which are constructions of ideas that are based on various data about the state and law. The theory of state and law is systematized knowledge about state and law and about their relationship, presented and recognized by various scientific schools. The unity and integrity of the material and spiritual world determine the unity of all sciences. A particularly close relationship exists between the humanities (social) sciences. The humanities study society, man, human relations, man-made institutions and institutions, individual, group and social consciousness. The humanities, their dignity, rights and freedoms are at the center of the humanities.
The fundamental issue of public life is the issue of state and law, their role and place in the life of society. This question cannot be the monopoly of any one science. All the humanities in one way or another affect it, hence the close interaction of the theory of state and law with philosophy, economic theory, sociology, political science, etc. It relies on their advanced achievements, occupies a place in the system of humanitarian knowledge, determined by the importance of the state and law in the life of society.
concepts that reveal the content of two interconnected spheres of public life. Law is a system of social norms that regulate social relations, people's behavior and the functioning of state bodies. It is as much a limiter of power as is tradition, force, custom, religion or morality. The relationship between law and the political state is bilateral: the state sanctions and constitutes the system of law, making it public, compulsory, universal, and its violation entails measures of state influence; but, on the other hand, the state itself is supported and secured by law. An objective illusion is the idea that the source of origin, development and change of the legal sphere is the state (the so-called "legal positivism" of R. Iering, G. Kelsen and G. Jellinek). With the emergence of this delusion, we are obliged to the desyncretization of the originally unified society in modern times, with the allocation, as special, spheres of politics and law, as well as the corresponding types of professional social activity. In fact, the source of legal systems are relations and connections that develop within civil society (i.e. outside and before the state), with the complication of production processes, property, family life, with the separation of the personality from the social whole. The law-making activity of the state enshrines in legal norms the laws of social development, which were previously expressed in religious, moral principles, in the traditions and customs of the ethnic group ("customary law"). Therefore, in law, one can single out the core of universal values integrated in the cultural development of the people, but, in addition, it contains guidelines and regulations for politics, sets the boundaries of potestary impact, which is especially manifested in a legal state (where the citizen and the state are equal subjects of law). It is customary to distinguish international and domestic law (in the latter, criminal, constitutional, family, civil (private), labor law are distinguished - depending on the object of its application, that is, the social relations regulated by them).
The first studies of the interaction of items and items on their own basis (without involving the forces of the divine and sacred order) also belong to the New Age. The difference between natural (natural) and established (by the legislative activity of the state) law was established with the priority of the former (at the individual level taking the form of natural human rights and freedoms, which the state itself cannot abolish and violate). Already T. Hobbes and D. Locke contain a fundamental requirement for political power - submission to law. This is already expressed in the legal origin of the state (by means of a social contract, that is, in the essence of a legal act). C. Montesquieu, one of the first to study the national systems of law, drew attention to their objective determination by the natural and geographical environment, national psychology, living conditions and economic management of the ethnic group, affirming the qualitative unity of legal and political processes. The "Natural Law School" (H. Tomaziy, S. Pufendorf, H. Wolf) saw the main difference between the legal system and other standards (for example, morality) in reliance on the sanctioning and punitive authority of the state. Right can be associated with "power", or strength (Spinoza), justice (Grotius), security (T. Hobbes). The first historically recorded systems of law - "Roman law", Justinian's code, Sallicheskaya and Russkaya Pravda. According to D. Vico, the vector of the legal process in history is not only in the division of the system of law, but also in giving it a universal character (the subjective expansion of the legal space). An important consequence of legal progress was the emergence of "private law" as a regulator of life in civil society, covering the area of private, individualized interests, the affairs of individuals in the economic, social, spiritual and moral spheres of society.
Domanov V.G.
Political science. Dictionary. - M: RSU... V.N. Konovalov. 2010.
Political science. Dictionary. - RSU... V.N. Konovalov. 2010.
See what "Law and Politics" is in other dictionaries:
A system of social norms and relations protected by the power of the state. Close relationship with the state the difference between P. from the rules of behavior in a pre-class society, as well as from other normative systems (for example, morality). P.'s relationship with the state is not ... ... Philosophical Encyclopedia
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- (Greek. state. or public. affairs, from the state), a sphere of activity associated with relations between classes, nations and other social groups, the core of which is the problem of the conquest, retention and use of state. authorities. The most ... ... Philosophical Encyclopedia
Not an exact science. Otto von Bismarck Politics is the art of the possible. Otto von Bismarck It is not true that politics is the art of the possible. Politics is a choice between disastrous and unpleasant. John Kenneth Galbraith Politics is not the art of the possible; ... Consolidated encyclopedia of aphorisms
Politics Portal: Politics Iran This article is part of a series: Politics and government of Iran Constitution Supreme Leader Ali Khamenei President Mahmoud Ahmadinejad Vice President Parviz ... Wikipedia
- (law) Almost all descriptions of law recognize the existence of positive law, which in the most general terms can be defined as a set of rules established by any sovereign state. Outside of this definition, theories of law diverge sharply in ... ... Political science. Dictionary.
Politics Portal: Politics European Union This article is part of a series: Politics and government of the European Union Treaties ... Wikipedia
Politics Portal: Politics Ukraine This article is part ... Wikipedia
The right of peoples to self-determination in constitutional and international law is the right of peoples (nations) to determine the form of their state existence as part of another state or as a separate state. In a general sense, this is the right of that ... ... Wikipedia
Books
- Law and politics. Current trends in political struggle in foreign countries, Orlov A.A.
Political science performs its complex functions in close connection with other sciences. The relationship and interaction of political science with other social sciences are based on two main circumstances.
First, it is the close intertwining of the processes of social development (economic, political, cultural) in life itself.
Secondly, in society there are problems associated with the most important social values, the study of which is engaged in all social sciences. The main of these values are: the material well-being of society and its stability; National security; freedom and constitutional order.
There are other reasons for the interaction of the social sciences. In particular, many vital economic, social, cultural and other problems often become political. This happens if the solution to the problem by means of the sphere where it arose becomes impossible. There is a need for political ones.
The basis of interaction is that political science is significantly enriched by the results of research in 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 is economic theory... Specialists in this area study not only the laws of development of the 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 many economic processes should be based on the struggle for the realization of political goals. For example, a well-thought-out economic program of a presidential candidate in a country becomes a powerful means of winning 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 behavior of people and social groups are of interest. Modern political science borrows a lot from sociology in terms of the methods of scientific knowledge.
History, in particular, political, provides factual material and conclusions for the study of contemporary political problems. The relationship 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.
The connection of political science with philosophy, of which it, along with other areas of knowledge, was a component in the conditions of the Ancient World, the Middle Ages. Differentiation of philosophy led to the isolation of other sciences from it. Philosophy, now having its own subject of study, analyzes the philosophical foundations of politics.
Political science uses materials legal science : the legal basis of political institutions, processes, relations provides guarantees for their normal development and functioning. The closest in the 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 connection 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, the political power cannot function normally without legal registration.
Political science develops in close cooperation with other humanities. All of them are united by a common object of research - the life of society in all the variety of its specific manifestations. They have many categories in common. But, of course, the subject matter is significantly different.