The legislative authorities are the Federal Assembly of the Russian Federation: people's assemblies, state assemblies, supreme councils, legislative assemblies, state assemblies of the republics within the Russian Federation; dumas, legislative assemblies, regional assemblies and other legislative authorities of territories, regions, federal cities, autonomous regions and autonomous districts. Their main feature is that they are elected directly by the people and cannot be formed in any other way. In their totality, they are grouped into a system of representative bodies of state power of the Russian Federation.

As legislative bodies, the representative bodies of state power express the state will of the multinational people of the Russian Federation and give it a universally binding character. They make decisions embodied in the relevant acts, take measures to implement their decisions and exercise control over their implementation. Decisions of the legislative bodies are binding on all other bodies of the appropriate level, as well as all lower state authorities and local governments.

Legislative authorities are divided into federal and regional (subjects of the federation). The federal legislative and representative body of the Russian Federation is the Federal Assembly of the Russian Federation. This is a nationwide, all-Russian body of state power, operating throughout the Russian Federation. All other legislative bodies functioning on the territory of the Russian Federation are regional, acting within the limits of the corresponding subject of the Russian Federation.

Executive authorities are, first of all, the highest body of federal executive power - the Government of the Russian Federation; other federal executive bodies - ministries, state committees and departments under the Government of the Russian Federation; executive authorities of the subjects of the Russian Federation - presidents and heads of administrations of the subjects of the federation, their governments, ministries, state committees and other departments. They constitute a single system of executive authorities headed by the Government of the Russian Federation.

For bodies of executive power, it is characteristic that they are either formed (appointed) by the relevant heads of executive power - presidents or heads of administrations, or are elected directly by the population. Thus, the Government of the Russian Federation is formed by the President of the Russian Federation, who, with the consent of the State Duma, appoints the Chairman of the Government and, at the suggestion of the Chairman of the Government, the Deputy Prime Ministers and federal ministers. Heads of administrations, if they have not taken this position as a result of universal, equal, direct elections by secret ballot, are appointed to and dismissed by the President of the Russian Federation, etc.

Executive authorities carry out special kind state activity, which is of an executive and administrative nature. They directly execute acts of representative bodies of state power, decrees of the President of the Russian Federation, organize the execution of these acts or ensure their execution by their own orders. They issue their acts on the basis of and in pursuance of the Constitution of the Russian Federation, the constitutions and charters of the constituent entities of the Russian Federation, federal laws and laws of the representative bodies of the constituent entities of the federation, regulatory decrees of the President and regulatory acts of the heads of the heads of administration of the constituent entities of the Russian Federation, resolutions and orders of higher executive authorities.

Executive authorities are divided according to the territory of activity into federal and subjects of the federation. Federal - is the Government of the Russian Federation, federal ministries, state committees and other departments. Bodies of subjects of the federation - presidents and heads of administrations of subjects of the federation, their governments, ministries, state committees and other departments.

According to the nature of their powers, executive authorities are divided into bodies of general competence, in charge of all or many branches of executive activity, and bodies of special competence, in charge of certain branches or areas of executive activity. The first of these include, for example, the Government of the Russian Federation and the governments of the subjects of the federation, the second - the ministries, state committees and other departments of the federation and its subjects.

Executive authorities of special competence, according to the nature of their competence, can also be subdivided into sectoral bodies, managing certain branches of management, and bodies exercising intersectoral management. The first of these are, as a rule, ministries, the second, mainly - state committees.

It is also necessary to distinguish between collegiate and single-management bodies of executive power. The collegiate ones are the Government of the Russian Federation and the governments of the subjects of the federation. Ministries and a number of other bodies of executive power are the sole authorities.

Judicial authorities - the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, other federal courts, as well as the courts of the constituent entities of the Russian Federation.

The judicial authorities together make up the judicial system of the Russian Federation. The main specific feature of these bodies is the exercise of judicial power through constitutional, civil, administrative and criminal proceedings.

In accordance with the Constitution of the Russian Federation (Article 125), the Constitutional Court of the Russian Federation is the judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings.

According to the Constitution of the Russian Federation (Art. 126), the Supreme Court Russian Federation .

The Constitution of the Russian Federation (Article 127) establishes that the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercising judicial supervision over their activities in the procedural forms provided for by federal law and giving clarifications on issues of judicial practice, is the Supreme Arbitration Court. Court of the Russian Federation.

Similar functions are performed by the relevant courts in the constituent entities of the Russian Federation.

A special group of state bodies that do not belong to any of the previously named types of public authorities are the prosecutor's offices.

The Prosecutor's Office of the Russian Federation, in accordance with the Constitution of the Russian Federation (Article 129), constitutes a single centralized system with the subordination of lower prosecutors to higher ones and to the Prosecutor General of the Russian Federation.

The main specific feature of the prosecutor's office is their supervision over the implementation of laws in the field of public administration, economic activity and the protection of the rights and freedoms of citizens; over the execution of laws by bodies of inquiry and preliminary investigation: over the compliance with the law of judicial acts; for the implementation of laws in places of detention of detainees and pre-trial detention, in the execution of punishments and other measures of a coercive nature, appointed by the court; over the execution of laws by military authorities, military units and institutions.

A special function of the prosecutor's office is the participation of prosecutors in the consideration of cases by the courts. The prosecutor's office also carries out the function of investigating crimes, is a form of protection of the rights of the victim from a criminal encroachment. She participates in the law-making activities of the state.

In accordance with the Constitution of the Russian Federation (Article 129), the Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation. Prosecutors of the subjects of the federation are appointed by the Prosecutor General in agreement with the subjects of the federation. Other prosecutors are appointed by the Prosecutor General of the Russian Federation.

The powers, organization and procedure for the activities of the Prosecutor's Office of the Russian Federation are determined by federal law.

In addition to the aforementioned, the CEC of the Russian Federation, the election commissions of the constituent entities of the Russian Federation, and other election commissions can be attributed to the number of authorities in modern Russia. In accordance with the Law on Basic Guarantees of Electoral Rights, these bodies ensure the exercise and protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, prepare and conduct elections and referendums in the Russian Federation (clause 3, article 20); within their competence, they are independent of state authorities and local self-government bodies (clause 12, article 20); their decisions and acts adopted within their own competence are binding on federal executive authorities, executive authorities of constituent entities of the Russian Federation, state institutions, local governments, candidates, electoral associations, public associations, organizations, officials, voters and referendum participants (p. 13 v. 20).

Bodies that do not have power powers carry out coordinating, analytical, informational functions. Their work contributes to the effective functioning of public authorities, and their acts and decisions do not have an external effect.

These bodies include: the Administration of the President of the Russian Federation, which ensures the activities of the head of state; the Security Council of the Russian Federation, which prepares decisions of the President of the Russian Federation in the field of security; State Council - an advisory body that promotes the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of state authorities; The Judicial Department under the Supreme Court of the Russian Federation, which provides organizational support for the activities of the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of the autonomous region and autonomous districts, district courts, military and specialized courts, bodies of the judiciary, as well as financing justices of the peace.

It should be noted that the tasks and functions of the state in the Russian Federation can also be carried out by organizations that are not state bodies. These include state institutions created to implement managerial, socio-cultural or other functions (Pension Fund of the Russian Federation, etc.). Non-state associations are also vested with separate public-legal functions (a notary, designed to protect the rights and legitimate interests of citizens and legal entities by performing notarial acts on behalf of the Russian Federation; the advocacy, created to provide qualified legal assistance; bodies of the judiciary participating in the organizational, personnel and resource support for judicial activities).

Plan

Introduction

1. The concept and essence of state power

2. Signs of state power

3. Properties of state power

4. State power in the Russian Federation

Conclusion

Bibliography

Introduction

Power is the right and ability to dispose of someone or something, as well as to subordinate to one's will. Explanatory dictionary of the Russian language. S. I. Ozhegov and N. Yu. Shvedova. 1997. p.86. Power is the possibility or ability to influence the life, behavior of people and groups with the help of any means of authority, will, law, violence. State power arises simultaneously with the state and is its integral attribute. State power is the political leadership of society carried out with the help of state bodies and other state institutions in the interests of either the people, or classes, or social groups.

Power within the framework of the functions performed generates relations of command and subordination, aimed primarily at maintaining and reproducing the established order, fixed in the constitution, in laws and other regulations, and requires mandatory execution without exception.

Ensuring public discipline and law and order is carried out with the help of active methods of purposeful influence on the consciousness and behavior of people, as these methods are persuasion and coercion. If necessary, state authorities apply to those who violate the interests of protecting law and order coercive measures permitted by law. State coercion is a means of protecting the interests of society from criminal encroachments.

In the practice of state power, stimulation by methods of persuasion and coercion is necessary at any time and in any sphere of public life. Without them, it is impossible to create the prerequisites for economic growth; true democracy, high culture and morality of society are impossible.

The purpose of my work is to consider the theoretical provisions on which the principles of state power are based, to compare them with each other in order to identify the most suitable concept for our country, as well as to theoretically study the functions of state power, the basis for building government bodies, and study their legal status.

The main objective of my work is to study the problematic issues that arise in the process practical activities public authorities due to shortcomings in the legislation, the impact on the process of the activities of these bodies of many reasons that have a destabilizing nature - both economic and social, moral, and other factors.

The relevance of my work is great, since the institution of state power in the Russian Federation, in principle, despite the abundance of legislative acts (often of a local nature) is one of the most poorly studied institutions of modern Russian law. So, already studying the theoretical, legal foundations on which the practical implementation of this institution is built, it is easy to notice shortcomings, gaps, both in theory and in practice.

1. Conceptand essencestateauthorities

"Expecting the coming to power of conscientious, decent, honest and intelligent people of our time is just as unattainable a goal as it does not correspond to the very essence of state power" Barenboim P. 3000 years of the doctrine of separation of powers. Cetera Court. - M.: 1996 ..

State power - 1) the right and ability of the state and its bodies to dispose of the life of society, its citizens and their associations, to direct and correct it, to subordinate it to their will; 2) acting public authorities; 3) persons convicted of higher powers. Khalipov V. F. Power. Politics. Public service. Page 62.

Since the introduction of the concept of "state power" into scientific circulation, many legal scholars have tried in various historical periods to give this phenomenon their own definition, guided by the economic, social, political factors that took place in this particular period. Accordingly, the points of view on the concept of state power changed as society and scientific thought developed, and all this led to the emergence of many scientifically based concepts, theories and approaches to the definition of state power.

All possible definitions of state power at the disposal of legal science fit into the framework of seven basic concepts:

1. the power concept of state power;

2. state power as the dictatorship of the proletariat;

3. strong-willed concept of state power;

4. functional concept of state power;

5. conflictological concept of state power;

6. a concept that identifies state power with the state or the state apparatus;

7. a concept that considers state power as a set of powers;

The concept that first appeared in time and received sufficient justification is the power concept of state power. It lies in the fact that state power and force are considered as homogeneous, identical concepts.

For the first time this approach can be found in ancient Greece, where the basis of power was force, its domination. However, already Aristotle did not consider the relationship of the domination of force to be related to the state, for, in his opinion, the state exists only where there is communication between free people as a way of their public life. A. A. Chechulin. The essence of state power: basic approaches.//Law and politics. 2005. No. 10.39.

Nicolo Machiavelli is rightfully considered the ideologist of the power concept of state power. It was the work of N. Machiavelli called "The Sovereign" that served as the beginning of the development of the conceptual apparatus of this phenomenon. N. Machiavelli interpreted state power as a single force that dominates all unlimitedly and unconditionally. Power is based on fear. For the implementation of state power, the state is created as a form of its implementation. At the same time, N. Machiavelli categorically denied the possibility of finding power in the hands of state officials, only the sovereign concentrates all power in his hands. In the works of N. Machiavelli, the essence of state power is presented as an absolute force based on the fear of punishment, capable of subjugating the people. Ibid., p.40.

Similar views can be found in Jean Bodin, who viewed state power as a force that cannot be limited and tamed. According to J. Bodin, no one and nothing binds the ruler. When the state began to be separated from the ruler, it inherited the unlimited sovereignty of that ruler.

Among Soviet authors, the interpretation of state power as a forceful phenomenon also found a strong response (M. Arzhanov, F. M. Burlatsky and others). A feature of Soviet legal science is that when characterizing state power, the word “ability” was traditionally used instead of the term “strength”. “In certain contexts, “strength” and “ability” are synonymous, quite identical concepts, because the word "strength", by which we characterize power, means the ability to produce some action or the ability to manifest some kind of activity. So, M.A. Arzhanov saw in power "the ability of the ruler to force the subject." P.I. Stuchka wrote that "power in the language of lawyers means the dominance of one or more persons over another or other persons, the ability not only to act oneself, but also to dictate other people's actions." A. A. Chechulin. The essence of state power: basic approaches.//Law and politics. 2005. No. 10. page 41.

From which it follows that, in accordance with this interpretation, the main constitutive feature of state power is the possibility of coercion. However, the question of limiting coercion by law, legitimation of coercion is not raised in this concept. Of the two main methods of exercising state power, persuasion and coercion, undeniable priority is given to the latter. Coercion is implemented through a specially created system of state bodies.

The power concept of power is characterized by the separation of the concepts of state power and public authorities, the latter act only as a means of achieving the goals of power. The question of the relationship between the subject and object of power in the framework of this approach is poorly developed. This is due to the fact that power is seen mainly as a process with a one-way direction: the subject dominates, the object obeys.

The concept of the system of state power within the framework of the power concept is poorly developed. J. Boden, T. Hobbes, N. Machiavelli were supporters of unity of command. In their opinion, state power is a phenomenon derived from the monarch, sovereign, king, etc. In connection with this, the concept of a system of state power lost all theoretical meaning. In the works of later representatives of the power concept of state power, the state power system is considered as a set of state bodies built on the basis of the principle of subordination. It turns out that according to the interpretation of power, power as a force cannot be divided even within the “state apparatus” itself. Thus, within the framework of the power paradigm, state power pursues and realizes exclusively its own interests, which leads to its alienation from society and the establishment of rule by force. A characteristic feature of state power is its "isolation" from the people. The power essence of state power requires strengthening state coercion, the predominance of the method of coercion over the method of persuasion. As a result, state power opposes itself to society and is formed as an alienated isolated force. The isolated nature of state power sooner or later leads to its crisis, its natural nature is deformed, it degenerates into arbitrariness.

State power as the dictatorship of the proletariat. The designated concept is closely adjacent to the power concept of state power. However, in the works of the classics of scientific communism, the definition of state power from the standpoint of the categories of strength and power gets its own further development, which allows us to single out this concept as an independent one.

So, K. Marx, characterizing the state power, called it "an organized force". V.I. Lenin defined state power as a “centralized organization of force”. According to the Marxist-Leninist doctrine, the essence of state power is dictatorship, the violence of the ruling class to suppress other classes. The state apparatus, relying on violence, governs society in such a way as is beneficial and pleasing to the ruling class, and in principle may not take into account the interests of other classes. In relation to such power, the ruled, even the representatives of the ruling class, cannot have any natural rights.

The dictatorship of a class means that power is not bound by any kind of laws. "The dictatorship of the proletariat is a power based directly on violence, not bound by any laws." The dictatorship of the proletariat expressed the will of the state, under which the will of the proletariat was declared in alliance with the working peasantry. The concept of state power as the dictatorship of the proletariat can be seen as an extreme form of the power concept of state power. If within the framework of the power concept there is at least a theoretical possibility of limiting, or rather, self-restricting state power by its own laws, then within the framework of the dictatorship of the proletariat, state power is absolutized and, in principle, does not accept any restrictions.

The volitional concept of state power is based on the thesis of the German political scientist Max Weber: “Power means any opportunity to carry out one’s own will within given social relations, even in spite of resistance, regardless of what such an opportunity is based on.” A.A. Chechulin. The essence of state power: basic approaches.//Law and politics. 2005. No. 10. page

Within the framework of this approach, the concept of state power has received structural development. Power is considered as a volitional relationship between the subject and object of power. A feature of power relations is that their parties - subjects and objects of power - are usually at different levels.

In Soviet legal science, the volitional interpretation of state power was developed in the works of M.I. Baitina, N.M. Keyzerova, V.M. Korelsky, A.I. Koroleva, A.E. Mushkina, V.A. Ushakov.

The volitional concept of state power was developed in detail in the monograph by M.I. Baitin "State and political power". In this work, power is defined as a means of functioning of the social community in the subordination of the will of individuals and their associations to the guiding will in this community. At the same time, the author emphasizes that state power becomes when this will comes from the state.

Another solid study of the problem of state power of a monographic nature was made by N.M. Keyzerov in his work "Power and authority". The methodological basis for this work was the article by F. Engels "On Authority". F. Engels considered power as a relationship, the dual content of which, on the one hand, means the imposition of the will of the ruling on the subject, on the other hand, the subordination of the subject to the will of the ruling. Comprehending the work of F. Engels "On authority", N.M. Keyzerov comes to the conclusion that “power is a volitional relationship between people, in which representatives identify and dominate the will of power in order to manage and comply with social norms. Well-known statesman V.E. Chirkin suggested that state power can only arise in a socially asymmetric society, where there is political dominance of a certain social stratum, class. Accordingly, state power is a social volitional relationship arising on the basis and conditioned by the needs of its management, in which one of the parties is a special political subject - the state, its body, official.

Justified within the framework of the volitional concept, the inequality of the subject and object of power relations, based on the "appropriation of someone else's will", excludes even the theoretical possibility of the coincidence of the subject and object of state power.

The functional concept of state power is very popular among representatives social sciences and is presented in the works of many foreign and Russian authors.

The term "function", derived from the Latin word functio - execution, implementation, has several semantic meanings. On the one hand, the function is considered as a social role, purpose, purpose of the object, on the other hand, the function is the activity itself, the work, the duty of this object.

Within the framework of the functional approach, the term "function" in most cases is understood as the social role of state power. In this connection, this concept allows certain nuances of revealing the nature of state power either through the prism of a general sociological concept, or by extending general sociological features to state power. In domestic science, a functional approach to the definition of state power is followed by G.I. Manov, I.E. Farber, A.F. Cherdantsev, V.S. Shevtsov and others.

From the point of view of N.V. Melnikov, it is the functional approach that contributes to the disclosure of the leading role of any public union or team of people in managing society. Any human collective objectively needs power. This is due to the fact that within any society there are always many different interests. It is the power that has the ability to bring various public interests to a common denominator. Consequently, power is an objectively necessary function of any collective.

In the general sociological sense, I.E. Farber, V.S. Shevtsov define power as a function of any society or group of people necessary to regulate their joint activities. State power is conceived as a special function of leadership, management and coordination of volitional actions of people.

In the functional approach, the ratio of parties in relations of power is not clearly expressed. The definition of state power as a function of society, a separate social group, collective, state does not contribute to the formation of a unified approach to understanding the subject and object of power. So, A.F. Cherdantsev believes that the subject is the state, its bodies and other political institutions formed from people, and “people subordinate to the authorities” act as the object. Cherdantsev A.F. State power and its rationale.//Jurisprudence. 1992. No. 2;

At the same time, the functional interpretation of state power, of course, allows us to assume the possibility of the coincidence of the subject and object of state power at the macro level. Such a coincidence means that the parties to the power relationship do not oppose each other, there are no relations of domination and subordination in their power understanding. The relationship between the parties to power is determined by the unity of goals and objectives. “At the macro level, on the scale of society, the ruling (governing) and subject (governed) may coincide in one subject (the people) or not coincide in one subject (the ruling elite and the people).”

However, the coincidence of subject and object does not negate subordination as a meaningful element of state power. State power is hardly possible without the subordination of one side to the other. If there is no submission, then there is no power.

The analysis of the phenomenon of the coincidence of the subject and object of state power should be considered from the standpoint of the relational approach, which defines power as a relationship between two agents, in which one of them has a decisive influence on the other. At the same time, the essential feature of the subject of state power is the ability to embody the guiding principle of power (without reference to the nature and origin of the subject). An object is a passive agent that obeys. Consequently, the same object can act both as a subject and as an object of state power.

When the subject and object of power coincide, subordination, subordination is built depending on the value of the agent in each specific power relationship. The agent can act in different guises, based on the real situation. So, even Aristotle believed that "a citizen in the general sense is one who is involved in domination and subordination."

The system of state power is considered as a set of state bodies, divided on the basis of performing various functions of managing society.

The conflictological concept of state power proceeds from the same premises as the functional approach to the definition of power, however, when revealing the model of power relations, they diverge. Both functional and conflictological approaches are based on the fact that in any society there are conflicts and the task of the authorities is to resolve emerging conflicts and determine priority interests. In the functional approach, the power relationship is represented by two sides: the subject is the subordinating beginning and the object is the subordinating side. In the conflictological approach to understanding state power, a three-element model of power relations is considered. The main actors are the parties to the conflict. The state power usually acts as an independent and neutral person.

The undoubted merit of this interpretation is that it allows you to get a better understanding of the relationship between state power and civil society. Here the state is depicted as a "night watchman", fully providing civil society with mechanisms of self-regulation.

A concept that identifies state power with the state itself or the organs of the state. This concept was largely predetermined by F. Engels, who wrote: “Society creates a body for itself to protect its common interests from internal and external attacks. This body is the government. As soon as it has arisen, it acquires independence in relation to society, and the more it succeeds in this, the more it exercises the dominance of this class. A.A. Chechulin. The essence of state power: basic approaches.//Law and politics. 2005. No. 10. page 45.

Currently, this approach is used to formalize the concept of state power. Identification of state power with state bodies is most convenient for considering state power as a legal institution. Based on this concept, the system of state power acts as a system of state bodies.

However, this approach is not entirely correct. If we talk about the identification of the concepts of state power and the state, then the latter concept is broader and includes state power only as its institutional feature. If we correlate the state body and state power, then they interact as form and content. It is more correct to consider the body of the state as a form of implementation of state power.

A concept that considers state power as a set of powers. A.F. Maly argues that the analysis of the norms of the Constitution of the Russian Federation allows us to come to the conclusion about the prevailing understanding of state power as a set of powers exercised by specially established bodies. Maly A.F. "State power as a legal category".//State and law. 2001. No. 3; The system of state power in the framework of this approach is also identified with the system of state bodies. Indeed, based on the definitions of state power as a set of powers, it is enough to simply explain the division of power vertically and horizontally, as well as to reveal the concept of the unity of state power.

There are several controversial points in this concept. Firstly, the nature of state power, its basis, is not disclosed. Secondly, the appointment of state power when it is considered as a set of powers is not entirely clear. Thirdly, the categories of subject and object of state power are not defined.

Comparison of existing teachings on the nature of state power allows us to highlight several points that contribute to the formulation of the concept of state power:

1. All concepts agree on the question of what constitutes the essential basis of state power to power in general. The central element of state power is the category of subordination. In different concepts, it has different names: the category of domination in the power concept, suppression or "appropriation of someone else's will" in the volitional interpretation, the element of subordination in the functional approach, etc. Despite the different sounds, the meaning of the category of subordination remains the same: one side of the power relationship subjugates the other.

2. In the question of how the essence of state power is realized, the concepts differ significantly. Some concepts proceed from the need to ensure forcible submission, in fact, reducing the essence of state power to the use of state coercion. Accordingly, the power of power is defined as the power of the apparatus of state coercion. Other concepts stand on the positions of a balanced application of methods of coercion and persuasion, without absolutizing any of them. Still others substantiate the position that only the voluntary submission of state power by individuals and civil society creates an opportunity for the effective implementation of state power.

3. From the solution of the question of how, by what methods the state power is realized, the ratio of the parties to the power relationship, their content depends. The traditional approach for most concepts is the allocation of the subject and object of state power. The subject is the active subordinating principle, and the object is the subordinating passive side.

All these approaches are united by the fact that they are an attempt to determine the essence of state power, its system and methods of implementation. Not a single definition of state power works as a universal, basic one, and none of them can be rejected, each of them reflects one side, the moment of existence and action of power. It turns out that modern legal science prefers pluralism in the definition of state power. Indeed, the understanding of state power is an eternal and important problem, which has not received an indisputable resolution to this day; it is the appeal to all variants of the definition of power that contributes to a more complete and comprehensive development and analysis of state power.

Revealing the essence of state power, it is impossible not to say about the unity and separation of powers. Both concepts - unity and separation - have a fairly long history. At the same time, the unity of power in most states is considered from the point of view of the unity of the source and goals of the functioning of various power institutions.

The concept of a single state power that denies the separation of powers is characteristic of the dictatorial regimes of the New Age, especially of the totalitarian dictatorships of the 20th century. In these states, the institutional unity of power is fixed, that is, the belonging of all power to one branch (organ system). At the same time, this body does not share power with anyone. This approach took place in Russia during the Soviet period. Today it is fixed in individual socialist states - China, North Korea, Cuba.

As a fundamental principle of the composite doctrine of a democratic state, the concept of separation of powers was first formulated by D. Locke and later developed by C. Montesquieu. It involves the institutional distribution of the unified state power between the various branches (bodies). The traditional branches are: legislative, executive, judicial. In turn, independent branches of state power are not isolated - democratic unity, in which this concept is enshrined, is unthinkable without a developed system of interaction between various state authorities, a system of checks and balances.

There is no and cannot be an insurmountable line between unity and separation of powers. Moreover, in some states the principle of unity and separation of state power is professed and enshrined. Many believe that this approach is enshrined in the Constitution of the Russian Federation.

Power in the Russian Federation is one, one in source (multinational people) and purpose of activity (ensuring rights and freedoms). At the same time, for the convenience of functioning, the unified state power in Russia is divided between various bodies that are independent within their competence, interact with each other, and maintain the necessary balance of power. Article 10 of the Constitution of the Russian Federation establishes: “State power in the Russian Federation is exercised on the basis of the separation of powers into legislative, executive, and judicial. Legislative, executive and judicial authorities are independent”. Constitution of the Russian Federation, M., "Legal Literature". 2004.

In accordance with the Constitution of Russia, the bearer of sovereignty and the only source of power in Russia is the multinational people, which participates in the exercise of power in two main forms - direct (general elections, referendums) and indirect (through state authorities and local governments).

2. Signs of state power

For a more complete and in-depth analysis of state power, it is necessary to highlight its characteristic features and characteristics.

State power is sovereign power, that is, autonomous, independent, independent and supreme, supreme power. State power is isolated from the system of all other relations of the members of a given state, separated, alienated, autonomous, independent, independent of them and all other forms of power.

The sovereignty of state power also means that, in comparison with other forms of power within the state, it is the highest, upper, supreme power, and in relation to the power of any other state, it has an equal position with it. Similarly understood the sovereignty of state power, for example, J. Bodin. Sovereignty, according to J. Bodin, is absolute and permanent power, which the Romans call greatness, dignity, meaning the highest power to command and which the people can transfer to one of the citizens without any restrictions I.N. Homer. State and state power. Page 534.

The supremacy and, consequently, the sovereignty of state power is manifested in the fact that the subjects of state power, unlike subjects of other forms of power, are endowed with certain prerogatives, exclusive (monopoly) rights and obligations. J. Bodin identified five distinguishing features of the sovereignty of state power: the issuance of laws addressed to all citizens and institutions of the state without exception; solution of issues of war and peace; appointment of officials; acting as the highest court, court of last resort; pardon I.N. Homer. State and state power. Page 535.

Considering state power from the point of view of prerogatives, exclusive, monopoly rights and obligations that its subjects are endowed with, modern legal science can define the features, distinctive features, properties, and characteristics of state power as follows. First of all, state power is power, the subjects of which have exclusive, monopoly rights and obligations to represent, express, symbolize, personify the entire state as a whole and all its members.

The peculiarity of state power lies in the fact that it is power, the subjects of which have exclusive, monopoly rights and obligations to apply to their objects not only certain positive sanctions, incentives, persuasion, but, if necessary, in case of their excessive resistance, and appropriate negative sanctions. , penalties, coercion, including physical force. At the same time, the decisive role in the implementation of coercion belongs to specially created and officially authorized professional organizations of armed people - serving in the army, border and internal troops, police, police, foreign intelligence, counterintelligence, security service, penitentiary institutions, etc.

State power is often defined as exclusively or predominantly coercive power. However, this is not quite true. Coercion is not a property of state power alone. It is inherent in other forms of power as well. Indeed, the subjects of non-state - forms of power that exist in the state, often use means of coercion, but officially, including by law, they do not have established rights and obligations for their use in relation to all members of the state. They can have them either only unofficially, for example, members of their party, their trade union, public association. Coercion is not the only method used by the subjects of state power. More often and first of all, they use other methods based not on coercion, but on persuasion, taking into account the interests of citizens or subjects. Secondly, if necessary and if there are legal grounds, coercive measures can be applied by the subjects of state power to all citizens or subjects of their state, to representatives of all its groups, associations, organizations.

There are many examples from history when the subjects of state power constantly coerced, oppressed and even physically destroyed a significant part of their objects - citizens or subjects of their state. But never and nowhere have the subjects of state power been able to carry out their functions for a long time, based only on coercion, violence, and oppression of citizens.

A feature of state power is also that it is power, the subjects of which have exclusive, monopoly rights and obligations to make and implement legal decisions - laws, decrees, decrees, resolutions, orders, orders, directives and other legal acts, generally valid and obligatory for all members of the given state and all its subsystems. Such decisions are usually referred to as government decisions. These are decisions that primarily concern, for example: declaring war on other states and concluding peace with them; investigation of disputes between members of the state; formation of the apparatus of state authorities, including the mandatory or voluntary recruitment of citizens or subjects to serve in the army, border troops, internal troops; establishment and collection for this purpose of obligatory monetary or natural taxes and other charges; formation and use of the general budget for the given state.

Lawmaking is a right and duty recognized only for certain state authorities, for certain subjects of state power. The execution of the laws and other decisions adopted by them, normative legal acts is the duty of all members of the state.

State power is usually legal power (legalized). It is based on law, legal (legal) laws. Its carriers, subjects and objects, as members of a certain state, have certain legal rights and responsibilities. Their activity and relations are regulated by the laws adopted in this state, as well as by the norms of international law. The rights and obligations of subjects and objects of state power are characterized by appropriate legitimacy. They are recognized by all the members of a given state and by other states, by their majority or a decisive part of them. This legitimacy differs from legitimacy, which is based only on personal, or personal, qualities and "emotional devotion" of subjects and objects of power, or on their belief in the significance of such "conventions" as the norms of party life and other public associations, public opinion, morals, customs, traditions, moral norms. Members of the state believe, in particular, in the importance of the rights and obligations of its other members to appropriate, retain, transform, regulate and use state power in certain interests. It is on the faith of members of the state in the significance of laws that the legitimacy of modern state authorities and powerful state institutions, subjects of state power and employees of the state apparatus, their rights and obligations, the legitimacy of state power itself is based, first of all.

The legality of state power can be established in a variety of forms and in the most different ways. In the Middle Ages, in order to look like the legitimate successors to the power of their predecessors, emperors, kings, kings and other reigning persons, and after them all the nobles, led, and sometimes invented or forged, the corresponding genealogies. State power and its highest subjects - emperors, kings, tsars, as a rule, were consecrated by the church. This gave them a status given by God.

Today, one of the most common forms of establishing the legality and, consequently, the legitimacy of the power of officials in the state is their election by its citizens. In order to fulfill this role, the elections themselves must be legitimate, including legal ones, must be held in accordance with the procedure established by law and recognized by the majority of the members of the state. Violation of the electoral procedures established by law calls into question the legality of officials elected by these procedures.

A feature of state power is that its subject and object usually do not coincide, ruling and subject are most often clearly separated. In a society with class antagonisms, the dominant subject is the economically dominant class, while individuals, social, national communities, and classes are subordinate. In a democratic society, there is a tendency for the subject and object of power to converge, leading to their partial coincidence. The dialectic of this coincidence is that every citizen is not only subject; as a member of a democratic society, he has the right to be the individual bearer and source of power. He has the right, and must actively participate in the formation of elected (representative) bodies of power, nominate and select candidates for these bodies, control their activities, initiate their dissolution and reform. The right and duty of a citizen is to participate in the adoption of state, regional and other decisions through all types of direct democracy. In a word, under a democratic regime there is not and should not be only those who rule and only those who are subject. Even the highest organs of the state and the highest officials have the supreme power of the people over them, they are both an object and a subject of power.

At the same time, there is no complete coincidence of subject and object in a democratic state-organized society. If democratic development leads to such a (complete) coincidence, then state power will lose its political character, will turn into a directly public one, without state bodies and state administration.

State power is exercised through public administration - the targeted impact of the state, its bodies on society as a whole, one or another of its spheres (economic, social, spiritual) on the basis of known objective laws to fulfill the tasks and functions facing society.

Another important feature of state power is that it is manifested in the activities of state bodies and institutions that form the mechanism (apparatus) of this power. That is why it is called state because it practically personifies it, brings it into activity, puts into practice, first of all, the mechanism of the state. Apparently, therefore, state power is often identified with state bodies, especially the highest ones. From a scientific point of view, such an identification is unacceptable. First, state power can be exercised by the ruling subject itself. For example, the people, through a referendum and other institutions of direct (direct) democracy, make the most important state decisions. Secondly, political power initially belongs not to the state, its bodies, but either to the elite, or to the class, or to the people. The ruling subject does not betray his power to the organs of the state, but endows them with powers of authority.

3. Properties of state power

The power on which it is based is the state: no other power has such means of influence.

The government is public. In a broad sense, public, i.e. public, is any power. However, in the theory of the state, this characteristic is traditionally given a different, specific meaning, namely, that state power is exercised by a professional apparatus, separated from society as an object of power.

State power is sovereign, which means its independence from the outside and supremacy within the country. The supremacy of state power, first of all, consists in the fact that it is higher than the power of all other organizations and communities of the country, all of them must obey the power of the state.

State power is universal: it extends its power to the entire territory and to the entire population of the country.

The state power has the prerogative (exclusive right) to publish obligatory rules of conduct - legal norms.

Let us dwell in particular on such a property of state power as sovereignty.

The sovereignty of state power within the country is expressed by:

in the unity and extension of state power to the entire population and public organizations countries

in the general binding nature of decisions of state bodies on its territory and within extraterritoriality (for example, for citizens and institutions located abroad

in the prerogative, i.e. the possibility of abolishing and recognizing as null and void any manifestation of other public authority

in the exclusive powers of the state to independently issue, authorize and apply generally binding norms and other instructions expressed in normative acts (laws, decrees, resolutions, orders, etc.), decisions of courts, government bodies and other state institutions.

State sovereignty is the inherent supremacy of the state on its territory and independence in international relations.

The state exercises supreme power within its own borders. It itself determines what relations with other states will be, and the latter have no right to interfere in its internal affairs. The state has sovereignty regardless of the size of the territory, population, political regime.

The supremacy of state power means:

Its unconditional distribution to the population and all social structures of society;

The exclusive possibility of using such means of influence (coercion, forceful methods, up to death penalty) that other policy actors do not have;

The exercise of power in specific forms, primarily legal (law-making, law enforcement and law enforcement);

The prerogative of the state to cancel, to recognize as null and void the acts of other subjects of politics, if they do not comply with the regulations of the state.

State sovereignty includes such fundamental principles as the unity and indivisibility of the territory, the inviolability of territorial units and non-interference in internal affairs. If any foreign state or external force violates the borders of this state or forces it to take this or that decision that does not meet the national interests of its people, they speak of a violation of its sovereignty.

Acting as a sign of the state, sovereignty characterizes it as a special subject of political relations, as the main component of the political system of society.

Sovereignty is complete and exclusive, one of the inalienable properties of the state. Moreover, it is he who is the criterion that allows you to distinguish the country from other public unions.

The division of power is one of the fundamental conditions and the main mechanism for the functioning of all types of political and non-political power.

Article 10 of the Constitution of the Russian Federation establishes: "State power in the Russian Federation is exercised on the basis of the separation of powers into legislative, executive and judicial. Legislative, executive and judicial authorities are independent"

By itself, the concept of separation of powers is intended to serve the goals of democracy in public administration, mutual control of authorities, and hinder attempts at authoritarianism. However, the experience of most modern states where this concept is adopted shows that the successful functioning of the branches of government is impossible without their interdependence and interaction. Therefore, the modern concept of the organizational and legal structure of power is increasingly getting a new sound: unity, separation, mutual control and interaction of authorities. Such a formulation of the question is increasingly reflected in the norms of new constitutions, although as a general principle it is almost nowhere fixed in a clear formulation.

The theory of the unity of state power and the separation of powers assumes that state power is unified in the sense that it is exercised by the state apparatus as a whole and that there are no several competing "state powers". But, firstly, the unified state power is exercised by the legislative, executive and judicial bodies, and secondly, as the historical development of statehood and law, a certain principle of the relationship and cooperation of these bodies is formed, which is called the separation of powers.

The unified state power is exercised by the state apparatus, which is a system of state bodies. Within this system, there are three subsystems (relatively independent and interacting), which form the legislative, executive and judicial branches of the apparatus of state power as a whole. This division of labor is based on the functional differentiation of state power. Usually this functional differentiation is explained as the division of labor in public administration. This means that the state power is functionally intended for lawmaking, enforcement of laws (enforcement to comply with laws) and justice. The rational organization and division of labor in public administration give rise to state bodies with different competences: there are bodies that establish generally binding norms, bodies that govern in accordance with these rules, and bodies that, in accordance with these rules, resolve disputes about law.

4. StateI am the power in the Russian Federation

1) Constitutional norms of the separation of powers in the Russian

Fedewalkie-talkie

Article 10 of the Basic Law of the Russian Federation states: “State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent” Constitution of the Russian Federation // Russian newspaper dated December 00, 0000, No. 000. Art. 00..

As can be seen in this article, the fundamental principle of the organization of power in the Russian Federation is fixed, where each state body exercising one of the three functions of state power interacts with other state bodies, and at the same time they limit each other.

At this point term paper general comments on the articles of the Constitution of the Russian Federation under consideration will be given. Further, the author will consider each of the branches of state power separately.

At the federal level of the organization of state power in the Russian Federation, the system of checks and balances according to the Constitution is as follows. The legislative body - the Federal Assembly - adopts laws, determines the regulatory framework for the activities of all state authorities, influences the activities of the executive branch by parliamentary methods (the most serious instrument of influence is the possibility of raising the question of confidence in the Government), participates in one form or another in the formation of the Government, judicial bodies of the Russian Federation.

The Government of the Russian Federation exercises executive power: organizes the implementation of laws, influences the legislative process in various ways (the right to legislative initiative, the obligation to submit Government opinions on bills requiring additional federal funds). The possibility of expressing no confidence in the Government is balanced by the possibility of the dissolution of the legislature by the head of state.

The Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation shall have the right of legislative initiative. These courts, within the limits of their competence, consider specific cases, the parties to which are other federal government bodies.

Because in Art. 10 refers to the separation of powers as a principle of organizing state power, this provision does not apply to the organization of local self-government in the Russian Federation, since, according to Article 12 of the Constitution, local self-government bodies are not included in the system of state authorities.

The list of federal government bodies given in Part 4 of Art. 78, is exhaustive, i.e., its expansion is not allowed without changing Ch. 1 of the Constitution. Enumeration of federal government bodies in Ch. 9, to change which according to Art. 135 of the Constitution, a complicated procedure should be applied, which aims to create a stable system for organizing state power in the Russian Federation.

2) President of Russian FederationAccording to Article 80 of the Constitution of the Russian Federation The Constitution of the Russian Federation // Rossiyskaya Gazeta of December 21, 2001, No. 173. Art. 34.: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, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities. Thus, the main task of ensuring the interaction of authorities is assigned by the Constitution to the President. That is why the chapters on the three branches of government are preceded by Ch. 4 "President of the Russian Federation". In accordance with Art. 80 of the Constitution, it is the President who ensures the coordinated functioning and interaction of state authorities, determines the main directions of the foreign and domestic policy of the state, which are then implemented in the relevant laws and by-laws adopted by state authorities at all levels. This, in particular, is the meaning of the provision contained in the Constitution: “The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.” operates only within the limits established by the Constitution of the Russian Federation. The legal position of the President covers several areas. First of all, the President acts as the head of state, which means that he is the first among state officials. He represents the Russian Federation within the country and in international relations. Precisely as head of state, the President has the right to address messages to the federal legislative body. Diplomatic representatives are accredited to the President, he appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations. The President, as head of state, has the right to pardon. The President is the Supreme Commander of the Armed Forces. In this capacity, he, in particular, introduces martial law, the regime of which is determined by the federal constitutional law, appoints the high command of the Armed Forces, approves the military doctrine of the Russian Federation. The legislative powers of the President are related to the areas of legislation and the implementation of laws. The President has the right of legislative initiative and a suspensive veto. But the right to reject laws does not cover all federal laws. It does not apply to federal constitutional laws that are adopted by a qualified majority of votes in both houses of the Federal Assembly. In the sphere of executive power, the role of the President is determined not only by his active influence on the activities of the Government, since the President has the right to determine the main directions of the domestic and foreign policy of the state, but also by the fact that, with the consent of the State Duma, he appoints the Chairman of the Government, and, at the suggestion of the latter, the personal composition of the Government. In addition, the President has the opportunity to protect the Government from unreasonable, in his opinion, interference in the powers of the Government of the legislative branch. The President has the right to disagree with the expression of no confidence in the Government by the State Duma, and if the Duma repeatedly expresses no confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma. The concept of presidential power adopted by the current Constitution differs significantly from that carried out in the previous Constitution .The essence of the changes is, first of all, that the President ceases to be the head of the executive branch. According to Art. 110 of the Constitution, executive power is now exercised by the Government. Note that the Chairman of the Government, and not the President, determines the main directions of the Government's activities and organizes its work (Article 113). part 1 of article 11 is the President, the Federal Assembly, the Government). This position of the President does not limit the independence of the activities of the main state bodies of the Russian Federation, since the powers of the President are aimed at ensuring the coordinated interaction of all branches of government of the Russian Federation, observance of the Constitution, protection of human rights and freedoms, protection of state sovereignty Okounkov L.A. Constitutions of the states - participants of the CIS. Institute of Legislation and Comparative Law; Edited by L.A. Okunkov - M.: NORMA-INFRA-M, 2002; 143 p. Analyzing the legal provisions and powers of the President, it should be borne in mind that they are set out not only in Ch. 4 "President of the Russian Federation", but also in subsequent chapters of the Constitution. 3) Federal Assembly (Federation Council and State Duma) Chapter 5 of the Constitution of the Russian Federation reveals the foundations of the organization and activities of the Parliament of the Russian Federation. The legal status of the Federal Assembly is defined not only in Ch. 5 of the Constitution. The fundamentals of interaction between the Federal Assembly and the President of the Russian Federation are established in Ch. 4 "President of the Russian Federation", the procedure for appointing the Chairman of the Government of the Russian Federation, as well as expressing no confidence in the Government of the State Duma, are reflected in Ch. 6 "Government of the Russian Federation". In ch. 7 "Judicial power" defines the powers of the Constitutional Court in relations with the chambers of the Federal Assembly. The constitutional status of the legislative and representative body of state power of the Russian Federation has changed. If the former Constitution recognized him as having the right to resolve practically all issues within the jurisdiction of the Russian Federation, then in the new Constitution the list of issues to be considered by the chambers of the Federal Assembly is more limited. Administrative functions are excluded from the competence of the Parliament. The control functions of the legislature have also undergone changes. Parliamentary control is rather limited. The chambers of parliament retained the right to exercise control over the execution of the federal budget (Article 114), and the State Duma also retained the authority to decide on the issue of confidence in the Government of the Russian Federation. The Federal Assembly consists of two chambers: the Federation Council and the State Duma. Formally, the Federation Council is not the upper house of parliament and, accordingly, the State Duma is not the lower house, since this is not established by the Constitution. As a rule, the chambers of the Federal Assembly sit separately. In some cases, joint sessions of the chambers are held. At their meetings, the chambers of the Federal Assembly exercise the powers assigned to their jurisdiction by the Constitution of the Russian Federation. Most of the powers of the chambers are delimited in the Constitution based on the nature of the representation inherent in the method of forming the chambers and their functional purpose. There are three main groups of powers of the chambers of the Federal Assembly established by the Constitution: 1) relating to the exclusive jurisdiction of each of the chambers of the Federal Assembly (Article 102 and 103); 2) related to the organization of the activities of the chambers (Article 101); 3) on the adoption of federal laws (Article 105). We should especially note the difference in the functions of the chambers for the adoption of federal laws, enshrined in the Constitution. According to the Constitution, legislative activity is concentrated mainly in the State Duma: bills are submitted to the State Duma; there is a possibility of overcoming the disagreement of the Federation Council with the law adopted by the State Duma; the terms during which the Federation Council is obliged to consider laws submitted to it by the State Duma are limited. The functions of the Federation Council in the field of lawmaking consist in considering laws adopted by the Duma, their approval or disapproval. There are two main ways to clarify the provisions of the Constitution that determine the status of the Federal Assembly. Firstly, on controversial constitutional issues or when filling gaps in the Constitution, it is possible for the Constitutional Court of the Russian Federation to interpret it in accordance with Art. 125 of the Constitution. Secondly, following the spirit and letter of the Constitution, the chambers of the Federal Assembly can independently resolve most issues related to the organization of their work by adopting regulations of the chambers, and, if necessary, federal laws. The adoption of federal laws is necessary, in particular, to resolve a number of issues related to determining the status of deputies of the chambers of the Federal Assembly, the status and procedure for the activities of committees and commissions of the chambers of the Federal Assembly. 4) Government of the Russian Federation As already noted, the Government exercises state power in the Russian Federation along with the President, the Federal Assembly aniem and courts of the Russian Federation. The Constitution raises the status of the Government, consolidates its independence (Article 11). Unlike the previous Constitution, which placed the direct leadership of the executive power on the President, and also provided for the accountability of the Government to federal representative and legislative bodies (the Congress of People's Deputies and the Supreme Soviet) and the President, the new Constitution proceeds from the independence of all branches of power and such subordination and subordination not provides. In the modern appearance of the Government, the prerogatives of the federal executive power are more consistently expressed, taking into account the principle of separation of powers, the responsibility of the Government for carrying out socio-economic transformations in the country, the implementation of a unified state policy in the sectors and areas of the national economy that fall under the jurisdiction of the Russian Federation (Article 71 ) and the joint jurisdiction of the Federation and the subjects that make up its composition (Article 72). It is important to note that the new Fundamental Law creates real prerequisites for the Government to become truly capable of implementing the programs it has planned to stabilize the economy and bear full responsibility for its decisions and actions. The Government differs from other federal bodies primarily in the subject and field of activity. It is not engaged in the adoption of laws, like the Federal Assembly, but ensures the management of the economy of the entire country. Suffice it to say that according to Art. 114 of the Constitution, the Government develops the federal budget and reports on its implementation, manages federal property, ensures the implementation of a unified financial, credit and monetary policy, state support for culture, science, education and healthcare. One of the main functions of the Government is to organize the implementation of federal laws, systematic control for their execution by executive authorities of all levels and taking the necessary measures to eliminate the violations committed. This task permeates the activities of the Government, predetermines the content and nature of its powers, the subordination of its decisions, i.e., their adoption on the basis of and in pursuance of the Constitution, federal laws and presidential decrees. The Government exercises its powers by adopting resolutions and orders on strategic and current issues management, as well as using the right of legislative initiative (Article 115) by developing and submitting to the State Duma draft laws that form the necessary legal framework. The active participation of the Government in the legislative process, the obligatory nature of its conclusions on all projects that provide for expenditures covered from the federal budget, enable the Government to carry out the functions assigned to it and the planned economic program. At the federal level, the Government unites and coordinates the work of ministries, committees and other subordinate his organs. In this respect, the Government and the federal system (structure) of administrative bodies are organically linked. The central governing bodies that are part of the executive power system are directly under the jurisdiction of the Government and are subordinate to it. In practice, and after the adoption of the new Constitution, the President has repeatedly issued decrees on issues within the jurisdiction of the Government, in particular on the management of federal property, indexation of deposits, raising the minimum wages, the introduction of various social payments and benefits. Evaluation of such acts of the President in terms of constitutional powers and prerogatives of various authorities is a subject of special consideration. We only note that in order to effectively manage the country and avoid conflicts in legislation, the problem of delimiting the competence of the President and the Government in the sphere of executive power becomes quite relevant. a life. Another, the most powerful lever of Parliament's influence - the approval of the federal budget - provides the possibility of financial control over the activities of the Government. And finally, the third lever is the giving of the consent of the State Duma to the appointment of the Chairman of the Government and the passing by this chamber of a vote of no confidence in the Government. However, the latest actions are very responsible for the deputies, since under certain conditions the stubborn State Duma can be dissolved by the President. The constitutional status and powers of the Government, of course, do not cover all aspects of its activities that need legislative regulation. Therefore, the Constitution provides for the adoption of a federal constitutional law on the Government. This law will define in more detail the legal foundations and organization of its activities, the procedure for the formation and composition of the Government, relations with the President, the chambers of the Federal Assembly, and the executive authorities of the subjects of the Federation. The forms and methods of mutual delegation of powers by executive authorities need to be legislatively fixed. In a federal state, this path opens up broad prospects for achieving an optimal combination of decentralization of administration with the preservation of strategic national priorities and control over the implementation of the reform. With the adoption of this law, another practical task arises - the revision of previously issued acts of the Government. It should be emphasized that there are no trifles and secondary issues in this area. Such normative acts as the rules of procedure for meetings of the Government and its Presidium, the rules for preparing draft resolutions and orders of the Government, the regulations on the Government apparatus, have always been given great importance. The renewal of this legal framework follows directly from the new status of the Government. And here, in addition to a clear regulatory regulation of the internal activities of the Government, it is important to consolidate and introduce scientific methods of management. 5) Judicial power in the Russian Federation The formula “judicial power” used by the Constitution is a brief expression of the political and legal doctrine arising from the concept of the separation of powers in a rule of law state and establishing the place of justice in the system of state mechanism. At the same time, the Constitution expressly states that the courts of the Russian Federation exercise precisely the state power (Article 11). The basis of the judiciary is a combination of judicial bodies of various competences, distanced from the bodies of representative and executive power. At the same time, the legislator gives the judiciary some powers to control the legality of the performance of certain functions by subjects of other branches of power. Fixing the judiciary as a state-legal institution in constitutional norms and federal legislation makes it possible to highlight its specific features, note the need to approve a system of guarantees that allow the judiciary to exercise its functions and solve the state tasks assigned to it by law. The characteristic properties of the judiciary are independence, exclusivity, subordination and completeness. All these qualities are reflected in the norms of the Constitution of the Russian Federation. The purpose of the judiciary is to protect the rights and freedoms of citizens, the constitutional order of the Russian Federation, ensure that acts of the legislative and executive branches of the Constitution comply with the law and justice in the execution and application of laws, as well as other regulatory acts. Ensuring the implementation of the rights and freedoms of man and citizen provided for by the Constitution is the main content of the activities of the judiciary (Article 19 of the Constitution). courts. The state entrusts the court with the right to use the coercive powers of state power: in the manner prescribed by law, to find a person guilty of a crime, to impose a criminal punishment. The system of federal judicial authorities, determining the procedure for their organization and activities are within the jurisdiction of the Russian Federation. The system of these courts includes the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and other federal courts. New for establishing the limits of the judiciary and its internal structure is the inclusion of the Constitution in the structure of the judiciary of the Prosecutor's Office of the Russian Federation. The Prosecutor General of the Russian Federation is appointed by the Federation Council of the Federal Assembly and heads the entire system of prosecution supervision bodies. The implementation of criminal prosecution by the prosecutor's office and the maintenance of state prosecution in court proceedings is an important element in the functioning of the judiciary. that its bearers are not entitled to deviate from the requirements of the law in their activities. The legislative basis for the functioning of the judiciary is the Constitution, the federal constitutional law on the judiciary, federal laws on the highest judicial bodies of the Russian Federation and other federal courts, establishing the competence, formation procedure, structure and main functions, as well as the material, technical and organizational support of these courts. The establishment by the Constitution of uniform requirements for the judiciary and judges and the observance of legal guarantees in relation to judges. The condition and quality of the judiciary are regulated at the constitutional level for the first time. The unification of the requirements for candidates for judicial positions throughout Russia is of particular importance given the well-known separation of courts from the system of law enforcement agencies and the assignment of issues of work with the personnel of the judiciary to the joint jurisdiction of the Russian Federation and its constituent entities (clause “l” of article 72). Completeness The judicial power is determined by its volume, the finality of decisions taken by the judiciary, their binding nature. Court decisions that have entered into legal force, as well as court orders, demands, instructions and other judicial acts provided for by law, must be binding on all state authorities, local governments, enterprises, officials, citizens and their associations without exception and are subject to unconditional execution on throughout the territory of the Russian Federation. Failure to comply with acts of the judiciary, requirements and orders of judges that have entered into force, interference in the lawful activities of judges and the court apparatus (bailiffs), display of disrespect for the court or judges entail liability established by law. Conclusion In this course work, the phenomenon of state power was considered from different heights of theoretical study, namely: - as a special political institution, an organization exercising public political power, or an apparatus of this power; - as an apparatus of state power, a set of authorities and officials and their relations , connections between them; - as a system of state institutions, legislative, executive and judicial authorities. A study of the nature of state power has shown that statehood should remain the main value of a Russian citizen. With firm state power, he connects hopes for the protection of life, health, freedom, dignity, the constitutional order, security of borders, justice in the field of property relations. The successful construction of an economically developed federal state, the achievement of political and social stability are impossible without the coordinated activities of all levels of government. Meaning democracy is not in the fact that the people are proclaimed the source of power, not in the fact that state authorities declare themselves bodies through which “the people exercise their power”, but in the fact that all full-fledged citizens (their associations, organized groups) are formally equal least allowed to form the highest bodies of state power and thus - to the formation of the state will. process; - strengthening the effectiveness in the implementation of adopted laws; - increasing interaction between various branches of government; - improving legislative technology and planning; - comprehensive expansion of ties between deputies and voters; - further development and updating of the entire legislative base of the Russian state and society. In conclusion, I would like to I would like to express the hope that the legislative and representative bodies in our country will make a significant contribution to the development of our country, ensuring a decent life for our fellow citizens and the prosperity of our Fatherland. Bibliography: Normative acts:1. Constitution of the Russian Federation. The official publication of the Administration of the President of the Russian Federation. M., 2007.2. Federal constitutional law of December 17, 1997 "On the Government of the Russian Federation" // SZ RF. 1997. No. 51. Art.5712; 1998. No. 1. Art.1.3. Federal Law of August 28, 1995 No. "On the general principles of the organization of local self-government in the Russian Federation" // SZ RF. 1995. No. 35. Art.35064. Federal Law of October 6, 1999 No. "On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" // SZ RF. 1999. No. 42. Art.5005; 2000. No. 31. Art.3205; 2001. No. 7. Art. 608. Educational and scientific literature:6. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. 5th ed., and additional. - M.: Norma, 2006.7. Kozlova E.I., Kutafin O.E. Constitutional Law of Russia: Textbook. 3rd edition, revised. and additional - M.: Jurist, 2004.8. Lazarev V.V. General Theory of Law and State: Textbook. 3rd edition, revised. and additional - M.: Jurist, 2002.9. Marchenko M.N., Deryabina E.M. Jurisprudence: Textbook. - M.: Prospect, 2006.10. Homerov I. N. State and state power; 11. Maly A.F. "State power as a legal category".//State and law. 2001. No. 3; 12. Pisarev D. I. Works: In 4 vols. T. 4. M., 1956; 13. Explanatory dictionary of the Russian language. S. I. Ozhegov and N. Yu. Shvedov;14. Khalipov V. F. Power. Politics. Public service;15. Reader on the theory of state and law. T. N. Ryadko. 2005.16. Cherdantsev A.F. State power and its rationale.//Jurisprudence. 1992. No. 2; 17. Chechulina A.A. The essence of state power: basic approaches.//Law and politics. 2001. No. 10; 18. Legal Encyclopedia. Ed. "Norm". 200119. Alekseev S. S. General theory of law. In 2 t. T.1. M., 1981;

Legal Sciences

The concept, features and essence of state power1

R. N. Samoylyuk, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (Nizhny Novgorod, Russia), e-mail: [email protected]

Summary: a monograph on the subject of theoretical and legal research devoted to the analysis of the methods of exercising state power in the Russian Federation. The monograph reveals the social and legal nature, the concept and types of methods for exercising state power, as well as the problems of their implementation.

Key words: state, state power, legal sciences, theory of legal research.

The phenomenon of state power is of interest to representatives of various areas of scientific research. This position is predetermined by its role in the organization of social relations. In this regard, the lack of unity in the understanding of what constitutes state power seems natural.

Coming to the substantive characterization of state power, it is necessary to establish its relationship with other social phenomena, first of all, it should be borne in mind that state power is a kind of power as a general social phenomenon. The study of the concept of "state power" must begin with a consideration of the generic concept, which in this case is the concept of "social power". In modern science, an understanding of the versatility of social power has been formed, since it can be represented by corporate power, and family power, and political, and state, as well as other types of power, however, state power, among other types of power, is distinguished by the object of its influence: the most significant social relations .

The most profound characteristic of power is given by philosophy, where it is interpreted as the ability or ability to exercise one's will, to have a decisive influence on the activities, behavior of people with the help of any means - authority, law, violence.

Power is the ability or ability of one individual or an entire group to influence others beyond their will and desire. Such a classical definition was given at the beginning of the 20th century. M. Weber. Over the past century, a significant

1 Article presented by T. M. Khusyainov (Nizhny Novgorod, Russia). Reviewers of the work: A.A. Kvasha - PhD in Law, Associate Professor, Head of the Department of Administrative Law of the Federal State Educational Institution of Higher Professional Education "RUI of the Ministry of Internal Affairs of Russia" (Rostov-on-Don, Russia); A.M. Subbotin - PhD in Law, Head of the Department of Administrative Law and Process of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (Nizhny Novgorod, Russia).

contribution to the study of the phenomenon of power, which became possible thanks to its study by representatives of many sciences.

The logical result of the authorities was that one formulation is clearly not enough, since this is a multidimensional phenomenon. In particular, these include: the ability to demand obedience under the threat of sanctions; the degree of freedom from control by others; an indicator of the inequality of social statuses, in which one is valued and stands above the other; the ability to influence the life chances of others; the ability to impose their own version of order against the resistance of other people. Whatever formulations scientists offer, one thing is clear: power is necessarily a form of social relations between two or more individuals.

In the modern science of state theory, one of the most significant tasks is to unravel the phenomenon of power, the increment of any new knowledge about the nature of power and the mechanisms of domination is perhaps the most important task in the science of state theory. A brief retrospective analysis allows us to conclude that power, its individual manifestations, were the subject of study by ancient thinkers in Egypt, India, China, and Greece. For example, the fact that the ancient Greek "arche"2, which meant "power" or "headship", had another meaning - the beginning, or the root cause, apparently, was not a coincidence, but a vague guess about the nature of power.

Power is a volitional relationship between people inherent in society. As Aristotle emphasized, power is necessary "first of all, for the organization of society, which is unthinkable without the subordination of all participants to a single will, to maintain its integrity and unity" . As we can see already at that time in antiquity, ancient philosophers talked about such a phenomenon as power and understanding its meaning. This suggests that the existence of the phenomenon of power comes from ancient times to the present day.

A similar definition is contained in a large explanatory dictionary of the Russian language, where power is defined as "the right and ability to dispose, command, subordinate to one's will."

In the explanatory dictionary of the Russian language V.I. Dahl’s power is defined as “the right, power and will over what, freedom of action and orders; bossing; management".

Consideration of the various characteristics of power allows us to conclude that it appears and functions where there is a need for coordinated actions of people (whether it be a separate family, group, social stratum, nation or society as a whole). This allows you to consolidate the disparate efforts of various subjects of public relations and subordinate their activities to the achievement of certain goals. In this case, the leading and the led, the ruling and the subservient, the dominant and the subordinate are determined. As V.I. Obadiah, the motives for submission are very diverse. They may contain an interest in achieving the goal, a conviction in the need to follow orders, the authority of the ruling and, ultimately, simply a sense of fear of unwanted

2 Arche - the term of ancient Greek philosophy, denoting the beginning, the principle.

consequences in case of disobedience. Motives are of decisive importance for increasing the efficiency of power and its sustainability. The literature notes that power relations are objectively inherent in social life. This is a kind of payment for life in society, because, as V.I. Lenin, “It is impossible to live in society and be free from society.” In other words, without social relations based on power, the existence of human society is impossible.

B.I. Obdisky draws attention to the fact that the normal existence of society is impossible if anyone is given the opportunity to freely create arbitrariness. As noted by V.S. Solovyov, “the demand for personal freedom, so that it can be realized, already presupposes the restriction of this freedom to the extent that, in the given state of humanity, it is incompatible with the existence of society or the common good. These two interests, opposite to abstract thought, but equally obligatory morally, in reality converge with each other. Law is born from their meeting.

Contrary to the widespread misconception imposed on Russian science in the Soviet period, power is not always the result of violence and suppression by one person by another. For example, sociologists note the need for the human person to seek power over himself, to which he could submit. This need for the impact of one person on another is the force that unites people in society. Thus, as emphasized by V.S. Solovyov, the very social nature of man inevitably entails the establishment of power in society. However, as soon as the manifestation of power acquires a public character, its main goal becomes the creation and maintenance of order, the most important means of which is power. People do not have to create power, in some situations it is enough for them to accept it, obey it, and thus a certain order is established in social relations. The search for order is usually accompanied by a search for power.

Exploring the Western tradition in the knowledge of the essence of power, V.I. Obadiah comes to the conclusion that in it the primary type of power is individual power as a derivative of the natural right to freedom of action, disposal of oneself, things, everything that is available to individuals. In this regard, the so-called "interpersonal constructions" are common models of power, which are relations between two or more subjects.

The Marxist tradition links the genesis of power with social factors of an economic nature. Traditional for this approach is the understanding of the reasons for the emergence of power in socio-economic inequality, the struggle of antagonistic classes in society, the need to ensure the management of social integrity in the face of increasing social differentiation and struggle. The emergence of power is associated with the peculiarities of the economic organization of society, within which “combined activities, the complication of processes that depend on each other, take the place of independent activities of individuals. But combined activity means organization, and is organization possible without authority? .

Attributive-substantial approaches to the understanding of power, in turn, can be divided into volitional and structural-functional.

Volitional concepts come from the definition of power as the ability or possibility of imposing will on any political subjects. This approach was especially influential in the tradition of German political thought. G.V. Hegel, F. Engels3, M. Weber used the concept of "volitional property" or "volitional ability" in a variety of, sometimes even cognitively polar, definitions of power.

So, according to M. Weber, power is the ability to determine the behavior of other people, even against their will (dominance). It is defined as follows: (a) It is carried out by individuals and therefore includes this or that choice, any intention or means; b) includes a representation of the tool, i.e. about how the individual achieves the desired goals; c) can lead to resistance and conflict, as it is carried out over other individuals; d) implies that there are differences in the interests of those in power and those without power; e) acts on the negative influence, including restriction and deprivation for those who are subject to domination.

Such a definition of power, if desired, can be integrated as a volitional attitude, but the accents of M. Weber, like those of G.V. Hegel or K. Marx, nevertheless, they will mix up to interpret it as a kind of potential of a political subject with special substantial qualities of a power bearer.

T. Parsons proposed structural and functional concepts of power. In his research, he defines power as a positive social ability to achieve social goals. At the same time, the American sociologist proceeds from the fact that power is dispersed within the entire society, and not concentrated in the hands of the ruling elite. IN AND. Obdisky, analyzing this concept, notes that

3 Engels F. considered the problem of power in the context of the question of its belonging to a certain class. In particular, he wrote: “The essential sign of the state is in the public authority, separated from the mass of the people. ... the state could not exist without the police, but it was still young and did not yet enjoy sufficient moral authority to inspire respect for an occupation that must inevitably seem vile to former members of the clans. . the class antagonism on which social and political institutions now rested was already on the antagonism between the nobility and the common people, and the antagonism between the slaves and the free, between the protected and full citizens. (Engels F. The origin of the family. Private property and the state // Marx K., Engels F. Works: In 39 volumes - M .: Gospolitizdat, 1953. - T. 21. - P. 118,119.

According to T. Parsons, power is a kind of special integrated property of a social system, aimed at maintaining its integrity, coordinating common collective goals with the interests of individual elements, and also ensuring the functional interdependence of society's subsystems based on the consensus of citizens and the legitimization of leadership.

Regulatory concepts of power closely coexist with attributive-substantial ones, interpreting power with the help of the categories of “social relations”.

The most complex and combined approaches include communicative (H. Arendt, J. Habermas), as well as post-structuralist (neo-structuralist) (M. Foucault, P. Bourdieu) models of power, which consider it as a repeatedly mediated and hierarchized mechanism of communication between people, the emergence which is due to the need to coordinate the public actions of people with the predominance of joint interest over private. Even in ancient Roman society, which, as K.D. Kavelin, at a certain stage turned into a “collection of units, individuals”, individual members of society, individuals, “these atoms, immersed in themselves, having no living connection with each other, being only out of necessity in external contact with each other, were connected by an external, mechanical way into one whole by state power.

As for the newest post-structuralist (neo-structuralist) concepts of M. Foucault's "archeology and genealogy of power" and P. Bourdieu's "field of power", they are united not by a substantive-attributive, but rather a relational vision of power as a relationship and communication.

Despite the different interpretation of the essence of power, it can be noted that any power is a volitional realization of someone's interests. Based on this, it can be assumed that social power includes:

Private power, realizing the private interests of individual subjects of social interaction;

Public power is a volitional attitude, within the framework of which generally significant, backbone, public interests are realized.

What should be understood by the definition of "power" in the social sense? Whatever formulations scientists offer, one thing is clear: social power is necessarily a form of social relations between two or more individuals.

With the advent of the state, power is alienated from society and becomes a hallmark of any state, acquiring a political character. This means that power as a social function is transformed into political power, which serves as a concentrated expression of the economic needs of its bearer - the class, cooperating social forces, the national elite, the political party, etc. The political nature of this power means that it is in the state forms of managing society that it receives its relative independence from other types of social activity (it stands out from society and becomes above society).

The doctrine of power is one of the most complex and controversial sections of research in political and legal science throughout their existence. Do not make up

exceptions in this regard and domestic political science and jurisprudence. Their focus in different periods development became both general questions of the theory of power, and various aspects of the content, structure of political power. However, as M.I. Baitin, “the question of power in this aspect has become the subject of special development in Soviet legal science relatively recently, approximately since the beginning of the 60s, and needs further in-depth study” . In domestic literature long time beyond criticism was Engels' understanding of political power as a relation of domination and subordination. The understanding of political power was further simplified in the Soviet era, being reduced to class domination and subordination. Political power was seen exclusively through the prism of the concepts of the dictatorship of the proletariat and the dictatorship of the bourgeoisie. This approach partially correctly reflected real relations in society in the 19th and 20th centuries. with stable class divisions. However, it would be wrong to absolutize the dependence of power on class relations and domination-submission in power relations. The reform of the political system in the Soviet Union, rightly emphasized V. Amelin, revealed the inconsistency of many traditional ideas about the essence of the political, about power and power relations in society.

Such a variety of definitions of political power is explained by the complexity and difference of points of view on this phenomenon. Agreeing with the opinion of V.I. Obadiah, we highlight the following important aspects that characterize political power:

Political power is formed in a human community divided by social interests and statuses. At the initial stage, power in society is limited to primitive tribal ties;

Political power extends its action to a certain territory;

By means of political power in society, order is ensured based on the belonging of a person, group to a given territory, social class, adherence to an idea;

In the absence of political power, it is impossible to establish rigid differences between the subjects of control and subordination;

Political power is exercised in most cases by small social groups, the political elite.

The basis of political power is the process of connecting the will of the multitude and the functioning of structures (institutions, organizations, institutions), the relationship of two groups of people related to the subjects of control and subordination.

Thus, the key characteristic of political power is the real ability of a given class, social group, individual to carry out his will expressed in politics. The concept of "political power" is closely related to the concept of "state power". Obviously, state power is an integral element of political power. State power is the core of political power, but does not completely exhaust its content. Political power, along with state power, also includes power political parties, public associations, unions, leaders, etc.

For the purposes of this study, the most interesting concept is

state power, in this regard, it is necessary to proceed to the analysis of this phenomenon. Many legal scholars have proposed a scientific definition of this phenomenon. With the development of society, the state system, power relations changed, and accordingly, the views of scientists also changed. This has led to the emergence of many scientific approaches to the study and understanding of state power. So, A.M. Vitchenko offers several approaches to the study of state power:

Materialistic (study of the material conditions of life of each class era);

Historical (scientific knowledge of power necessarily presupposes its historical study through the prism of accidents, zigzags of interruptions);

Class, party (in the process of cognizing state-legal phenomena, legal science, like any science, reveals the social forces with which the state is connected, finds out the economic reasons underlying its origin, reveals the relationship between them and thereby determines its point of view regarding state);

Logical (it is used in conjunction with the historical approach. The logical method also involves the etymological study of the term "power");

Comparative (knowledge of any object or phenomenon begins with the fact that we distinguish it from all other objects and establish similarities or differences. Comparison is one of the specific ways to clarify the general, especially the singular in the study of state and law.);

System-structural analysis (recently, in state-legal science, interest in the problems of system-structural analysis has significantly increased. System-structural analysis eliminates subjective representations and descriptiveness from science, makes it possible to determine the properties of classifying and ordering objects and events in a systematizing form);

Functional (involves not only the establishment of its constituent elements, but also the study of them in motion. The functional approach to understanding power is quite common in modern publications. G.N. Manov argued that any power, including state power, is a special function of leadership, management and coordination of volitional actions of people).

The range of opinions on the definition of the concept of "state power", in our opinion, is not limited to the above. V.E. Chirkin defines state power as "a social volitional relationship that arises on the basis of social asymmetry in society and is conditioned by the needs of its management, in which one of the parties is a special political subject - the state, its body, official" . From this definition it follows that state power is not a set of state bodies, but "is implemented by a specialized state apparatus (parliament, government, judges, etc.)" . S.I. Mitin writes: “State power should be defined in two senses - in the form of a relationship between the subject and object of domination, and as a system of organs in which this relationship materializes.” Representative psychological school rights, L.I. Petrazhitsky, recognizing coercion as an attribute of power, understood

state power as a legal relationship, spoke of power as the rights of some in conjunction with the duties of others.

The study of various sources of legal content allows us to conclude that the concepts of "power" and "state power" are more political than legal categories. At the same time, their use in official documents presupposes the formalization of these concepts and their inclusion in the categorical apparatus, which is used primarily in the law-making process.

At first glance, the formalization of the concept of "state power" through its identification with state bodies may seem the simplest option. However, the Constitution of the Russian Federation does not proceed from such an understanding of power. Moreover, the study of the norms of the Constitution of the Russian Federation allows us to conclude that the prevailing understanding of state power is as a set of powers exercised by specially established bodies, while the second understanding will be the interpretation of state power as a set (system) of state bodies.

It is important to note that the will of the state is mostly implemented through legal norms. Legal norms act as the most effective means of “exercising” state power, serve as a “means of exercising power”, they “are able to quite accurately, in detail, in particular, fix the requirements for human behavior, the scope and conditions of actions, describe in detail the possible or required options for behavior , the consequences of non-compliance with legal requirements "and" this contributes to the development of society in the direction necessary for the government.

The state, through power, not only creates legal norms, regulates existing social relations with the help of law, but also ensures their observance by special means and methods. The state is “a political organization of society, ensuring its unity and integrity, exercising, through the state mechanism, managing the affairs of society, sovereign public authority, giving law a mandatory meaning, guaranteeing the rights, freedoms of citizens, law and order” .

H.V. Makareiko writes that “the main difference between state power and the state is that state power is a socio-psychological, and therefore volitional phenomenon, while the state is an organizational form of power. It follows from this that state power is a system of power relations inherent in any society, while the state is a means of strengthening and maintaining these relations, their guarantor, an instrument for exercising state power.

For a more detailed description of state power, it is advisable to consider its inherent features, which include the following:

I. State power is a qualitative variety of social power. In this regard, it is called upon to organize and streamline the most significant social relations.

Being a mandatory feature of the state, state power is inseparable from

states. However, the identification of these concepts is fundamentally wrong4. In modern jurisprudence, there are widespread approaches to the definition of the concept of "state power" through the relationship with social power, characterizing it as the implementation of an imperious will (V.E. Chirkin), a strong-willed social relation, defined through the appropriation of someone else's will or through the relationship of sovereignty and dependence, manifested in non-political and political forms (M.A. Krasheninnikov), the official authority (structure) representing society (S.N. Kozhevnikov).

2. State power - the official representative of society. State power is the broadest, all-encompassing power that belongs exclusively to a politically organized society - the state, which in turn:

Represents all members of society, and not any part of them (as, for example, political parties endowed with political power). Thus, political parties, uniting the most politically active groups of citizens in their ranks, play a key role in identifying the political will of various groups of the population and developing a political course in accordance with this will. But giving this will a universally binding character occurs only through the state, within the framework of its mechanism, where it must be tested for compliance with the interests of the entire community in order to be implemented through state power;

By its political nature, any state is universal, nationwide, despite the multinationality and complex federal structure of the Russian state. In this regard, state power is territorially universal. So, according to Art. 5 of the Constitution of the Russian Federation, the federal structure of Russia is based on its state integrity, the unity of the system of state power, the state authorities of its subjects are included in the unified system of state power in the Russian Federation. The unity of the state predetermines the unity of its state-power space;

The relationship of the state to each member of society is legally formalized by the institution of citizenship (citizenship), which is not equivalent to membership or participation in any other, for example, political or public organizations.

3. State power is legal power. It is based on law, legal (legal) laws. Its carriers, subjects, as members of a certain state, have certain legal rights and obligations. Their activity and relations are regulated by the laws adopted in this state, as well as by the norms of international law.

The legalization of state power is the legal declaration of the legitimacy of its emergence (establishment), organization and activity.

4 So, V.M. Khvostov put an equal sign between the state and state power: “The supreme power in the state, in principle, is as unified as the state itself. It is not a collection of individual powers, between which there are gaps, but not a coherent one: unity. See: Khvostov V.M. General Theory of Law: An Elementary Essay. - St. Petersburg: N. P. Karbasnikov, 1914. - S. 15.

State power must be legal.

First, its very origin (establishment) must be legal. The legality of state power can be established in a variety of forms and in a variety of ways (for example, adoption in a referendum), usurpation, seizure of state power (as a rule, this is a violent action) is illegal, since state power must be handed over to its bodies in accordance with the procedures of the constitution.

Secondly, its organization must be legal. In a modern state, power cannot be exercised without the direct participation of the people, for example, through elections of state bodies.

Thirdly, the sphere of powers of state power, the relations that it has the right and can regulate, must be legal. The intervention of state power in the private life of citizens is contrary to the principles of individual freedom, natural human rights, which are the postulates of true legality.

Finally, fourthly, the forms and methods of activity of state power must be legal.

Thus, the legality of the state is its legal and ethically neutral characteristic. Legal power may at a certain stage become illegitimate (from lat. legitimus - legal, lawful) in the eyes of the population. Legitimacy is already an ethical, evaluative characteristic of power (the existing power is good or bad, fair or unfair, honest or dishonest, etc.).

4. State power is legitimate power. The legitimacy of state power is expressed, first of all, "in the recognition of this power by the population of the country as public, formal and prestige, by virtue of which it dictates mandatory requirements and sets patterns of behavior" .

Legitimate state power is the power that corresponds to the ideas of the society of a given country about proper state power. Such ideas are connected, first of all, not with legal norms, but with the material, social, political, spiritual conditions of social life, with the individual and social psyche of people and their collectives.

Legitimation is based on people's belief that their benefits depend on the preservation and maintenance of a given order in society, the belief that such an order expresses their interests. Legitimation is directly related to the interests of people, which are most often evaluated by them consciously, but sometimes have an unconscious character.

The consequence of the legitimacy of state power is its authority among the population, the recognition of the right to govern and the agreement to obey. Legitimacy increases the effectiveness of state power, based on the majority of the population.

There are several basic forms of legitimation of state power. The German political scientist M. Weber first identified three of them, traditional, charismatic and rational. The first form is associated with the customs, traditions of the population, often with the special role of religion, with personal, tribal, class

addiction. The clearest example is the influence of customs and religion in many Muslim countries. Charismatic legitimacy (charisma from the ancient Greek - "divine") is due to the special qualities of outstanding personalities, less often - their teams, to which qualities are attributed that can determine people's behavior. Rational legitimation is based on reason: the population supports or rejects state power, guided by its own assessment of the activities of this power.

5. State power is sovereign and has supremacy in society. The sovereignty of state power is expressed in its supremacy within the country and independence in the international arena.

The sovereignty of the Russian Federation is one of the foundations of its constitutional system. According to Part 1 of Art. 4 of the Constitution of the Russian Federation, it applies to the entire territory of the Russian Federation.

The spread of the sovereignty of the Russian Federation over its entire territory means that the state territory is the spatial limit of the spread of the state power of the Russian Federation. The territorial supremacy of state power is expressed in the fact that within the territory of the Russian Federation no other power is allowed that could exist along with it or outside its control.

This provision also signifies the indivisibility of the sovereignty of the Russian Federation. The Constitution of the Russian Federation does not allow any other carrier of sovereignty and source of power other than the multinational people of Russia and, therefore, does not imply any other state sovereignty other than the sovereignty of the Russian Federation. The sovereignty of the Russian Federation, by virtue of the Constitution of the Russian Federation, excludes the existence of two levels of sovereign authorities, located in a single system of state power, which would have supremacy and independence, i.e. does not allow the sovereignty of either the republics or other subjects of the Russian Federation.

The extension of the sovereignty of state power to the entire territory of Russia is the basis of its independence in international relations. It is inextricably linked with the security of Russia, including ensuring the integrity and inviolability of its territory, which is achieved by a set of economic, political and other measures.

6. State power is public power. The publicity of power is a fundamental property of any, including state, organization; it is a guarantee of the unity and integrity of the state, its existence. The public power of the state is manifested as the authority of state bodies, balanced by judicial, administrative, and other legal democratic procedures, to exercise political, economic, physical or otherwise coercive influence.

State power is the highest form of public power, because: firstly, its social source is a special territorial collective, the people of the whole country, and secondly, because of this, only it has a sovereign character, is a sovereign variety of public power, thirdly, only she can control

all issues of the life of society, fourthly, it is she who legally gives the scope of jurisdiction and powers to the rest of the public territorial collectives, gives the basics of competence to their bodies. We will consider in more detail the relationship between state and public authorities in the next paragraph of this work.

7. State power is exercised by a specialized state apparatus. State power, like power in general, must be exercised by a special subject. Such a subject for state power is the state apparatus: state bodies, their officials. Moreover, the organizational embodiment of the state consists precisely in the design of the state apparatus as an element of the mechanism of state power. The changing nature of the modern democratic development of states gives grounds for considering democracy not in its traditional sense - as the power of the people, democracy, but as a combination of the powers of state bodies to exercise state power and the "powers" of the people to influence their activities.

The state apparatus includes state authorities, i.e. structures directly exercising state power (legislative, executive and judicial authorities), as well as other bodies providing state power activities, i.e. organizational structures that, without having authority, carry out coordination, analytical, informational and other functions that contribute to the effective implementation of the tasks of public authorities.

8. State power is the power that is exercised with the help of various, including special, means and methods. State power, like any power, can be exercised using a variety of means and methods. It can be the power of authority, traditions, ideology, religion, propaganda, incentive measures, etc. At the same time, the state power has its own special means and methods, which no other social power has.

The special means of exercising state power include the organs of the state, in their unity forming the state apparatus. The special methods of exercising state power include various methods of state persuasion, coercion, up to the use of physical violence and suppression. The system of methods, ways and means of exercising political power forms the concept of "state (political) regime".

9. State power is a means of public compromise. Among the conditions conducive to the regulation and resolution of conflicts between society and state authorities, rightly include the balance of forces of the warring parties and their recognition of the negotiation procedure as a way to develop mutually acceptable solutions. However, a positive result is possible only if the subjects of the conflict show the political will, the ability to negotiate, and the inclination to compromise.

Naturally, the balance achieved through political compromise

between society and state power, is mobile, it constantly fluctuates, is disturbed and restored. From the point of view of a number of authors, in particular, V. Altukhov, such an equilibrium, i.e. compromise, and forms the basis of stable, sustainable development. "In essence, it is about the formation of a new social quality (stability, national consent)" .

Historically, the liberal democracies of the West have shown the greatest ability to compromise, the very social structure of which, the type of economic activity, political development and an interactive political culture facilitated and stimulated give and take and the search for a balance of interests. It is important to note that for a democratic regime, it is equally dangerous as excessive adherence to ideas, i.e. rejection of compromises, and an excessive desire for the latter. The very nature of compromise presupposes the existence of certain traditionally recognized principles of justice on the basis of which mutual concessions can be made. “Individuals will willingly give up some specific interests and claims only when their interest in preserving something more valuable is even stronger,” emphasizes the American historian Jack Hallowell.

10. State power is mediated by law. S.A. Kotlyarovsky wrote: “power and law are the two elements of the state, although they are not equally original. However, we can use the usual comparison of law and the state, unless we forget that the essential state is power, specially qualified, but still precisely power.

The state power as the supreme power in a certain territory exercises control over subordinate persons through the issuance of legal norms, bringing their content to subject subjects, subordinating them to these norms, as well as through the application of measures of legal responsibility for illegal actions. By regulating the most important aspects of social activity and human life, state power realizes social needs, achieving the goals of the functioning and development of the social community. As noted by A.S. Alekseev, not a single state “is unthinkable without a legal order. those. coercive norms that would delimit the spheres of interest ... of individuals and unions and would determine the forms of their joint activity.

11. State power has a certain territorial scale of functioning. State power is not only purposeful organized, but also territorial power, that is, power that arises, exists, functions and develops within the state as a territorial organization of people, which is carried out strictly within (boundaries) of the territorial given state, and is also limited them.

The above features allow us to formulate the following definition of the concept of "state power". State power is a qualitative type of social power that has sovereignty, supremacy, operates within the territory of the entire country and is determined by the ability or ability of specially authorized state bodies and officials, with the help of appropriate means and methods based on law, to exert volitional

impact on various subjects of law in order to solve the tasks facing the state.

We agree with the opinion of L.S. Yavich that “any definitions have, as has long been known, shortcomings, not covering all aspects and properties of a given subject of research, which is always in development ... However, a scientific definition also has advantages associated with the fact that it briefly formulates the existing concept of this phenomenon and reflects the corresponding stage of its knowledge. So for our work, the presented definition of the concept of "state power" can be considered a necessary working tool that allows us to continue the study.

Literature

1. Abakarov D.K. Public service in the context of the problems of professionalization of civil servants // Education and society. 2012. V. 5. No. 76. pp. 4-12.

2. Avdiyskiy V.I. The mechanism of legitimization of state power: Historical and theoretical research: Dis... Dr. jurid. Sciences. - St. Petersburg, 2002.

3. Alekseev A.S. Russian state law. M., 1897.

4. Altukhov V. Compromise - a new word of the era? // Free thought. 1993. No. 16. S. 1426.

5. Amelin V.N. Power as a social phenomenon//Socio-political science. M. 1991. No. 2. pp. 3-15.

6. Aristotle. Works: In 4 volumes. T. 4. - Moscow, 1984. T. 4.

7. Achkasov V.A., Eliseev S.M., Lantsov S.A. Legitimation of power in post-socialist Russian society. M., 1996.

8. Baitin M.I. State and political power. - Saratov: Publishing House of Saratov University, 1972.

9. Barakhin A.B. Big legal encyclopedic dictionary. - M.: Knizhny Mir, 2005.

10. Big explanatory dictionary of the Russian language / Ch. ed. S.A. Kuznetsov. - St. Petersburg: "Norint", 2001.

11. Bourdieu P. Sociology of politics: Per. from fr. - M.: Socio-Logos, 1993.

12. Vasiliev A.V. Democracy: theoretical aspects and practice of modern Russia // Theory of Law and State. 2005. No. 12. S. 4-11.

13. Weber M. Selected works: Per. with him. - M.: Progress, 1990.

14. Vitchenko A.M. Theoretical problems of the study of state power. -Saratov: Manuscript, 1982.

15. Hegel G.V. Works: In 16 vols. T. 7. - M., L., 1935.

16. Grigoryan L.A. Democracy in the USSR. - M.: Yurid. lit., 1972.

17. Dal V.I. explanatory dictionary of the living Great Russian language: In 4 volumes - St. Petersburg: LLP "Diamant", 1996. - V. 1.

18. Dyuryagin I.Ya. Law and management. M.: Yuridlit., 1981.

19. Drama update / Ed. ed. M.I. Melkumyan, M.: Progress, 1990.

20. Isaev I.A. Politica hermetica: hidden aspects of power. M., 2003.

21. Kavelin K.D. What is civil law and where are its limits?: One of the modern legal issues. - St. Petersburg: Type. Academy of Sciences, 1864.

22. Kalitanova T.V. Power in a Democratic State: Fundamentals of Institutionalization and Functioning: Ph.D. - Saratov, 2004.

23. Kistyakovsky B.A. The essence of state power. Yaroslavl, 1913.

24. Kozhevnikov S.N. Theory of State and Law: A Course of Lectures. State: essence, functions, mechanism. Part 1. - Nizhny Novgorod: "Stimulus-ST", 2003.

25. Kotlyarovsky S.A. Power and law. Problems of the rule of law. - St. Petersburg: Publishing house "Lan", 2001.

26. Krasheninnikov M.A. Political power of the working class: questions of formation, content, forms. - Kazan: Publishing House of Kazan University, 1990.

27. Levakin I.V. The state in the political system of the republic - the subject of the Russian Federation (based on the materials of the Republic of Mordovia): theoretical-state and historical-legal aspect: Abstract of the thesis. diss. for the degree of Ph.D. - Saransk. 1995.

28. Lenin V.I. Party organization and party literature // New life. - 1905. - November 13.

29. Makareiko N.V. State coercion as a means of ensuring public order: Ph.D. 12.00.01. - Nizhny Novgorod, 1996.

30. Maly A.F. State power as a legal category // State and Law. 2001. No. 3. S. 94-99.

31. Manov G.N. Signs of the state: a new reading//Political problems of the theory of the state. M., 1993.

32. Marx K., Engels F. Works: In 39 volumes - M .: Gospolitizdat, 1955. - T. 18.

33. Marx K., Engels F. Works: In 39 volumes - M .: Gospolitizdat, 1955. - T. 21.

34. Melenchuk I.S. State power and personality / Problems of the effectiveness of public power in the Russian Federation // Collection of materials of the educational scientific-practical conference. Rostov n / a.: Prof-Press Publishing House, 2003.

35. Mitin S.I. State power: the concept and patterns of organization: Diss.cand. legal Sciences. Krasnoyarsk, 2004.

36. Nosov S.I. On the relationship between the concepts of "state", "state apparatus", "state body" and "public authority" // Citizen and Law. 2007. No. 5. S. 3-8.

37. Ol' P.A., Romashov R.A., Tishchenko A.G., Shukshina E.G. State, society, personality: problems of compatibility. M., YURIST, 2005.

38. Panarin A.S. Philosophy of power. M., 1993.

39. Parsons T. On the concept of "political power" / Anthology of world political thought: In 4 volumes - M., 1997. - T. II.

40. Petrazhytsky L.I. The theory of law and state in connection with the theory of morality. SPb., 1907.

41. Sventsitsky A.L. The power of power in the mirror of social psychology // Society and politics: modern research, search for concepts / Ed. Bolshakova V.Yu. SPb.

42. Solovyov B.C. Op. in 2 vols. T. 1. M., 1990.

43. Philosophical Dictionary / Pod. ed. I.T. Frolova. - 5th ed. - M.: Politizdat, 1987.

44. Khalipov V.F. Power. Fundamentals of cratology. M.: Luch, 1995.

45. Tails V.M. General Theory of Law: An Elementary Essay. - St. Petersburg: N.P. Karbasnikov, 1914.

46. ​​Khodov N.V. Centralization and decentralization of state power in modern Russia (general legal analysis): Ph.D. - Nizhny Novgorod, 2005.

47. Hallowell J. H. Moral foundations of democracy. M., 1993.

48. Chirkin V.E. public authority. Moscow: Jurist, 2005.

49. Chirkin V.E. Elements of comparative state studies. - M.: Publishing house of IGiP RAN, 1994.

50. Engels F. The origin of the family. Private property and the state // Marx K., Engels F. Works: In 39 volumes - M .: Gospolitizdat, 1953. - T. 21.

51. Yavich L.S. General theory of law. - L .: Publishing house Len. un-ta, 1976.

52. Arendt H. The origins of totalitarianism. N.Y., 1963.

53. Bourdieu P. La Distinction. Pensée sociology. XXe SMcle / Fiche 95. URL:

http://00h00.giantchair.com/html/ExtraitsPDF/27454100831100_1.PDF

Samojljuk R.N. Mysl. - № 2. - 2015.

© R. N. Samoiluk, 2015. © Science. Thought", 2015.

Rostislav Nikolayevich Samoylyuk, Candidate of Law, Senior Lecturer, Department of Administrative Activities of Internal Affairs Bodies.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Posted on http://www.allbest.ru/

Introduction

3. Union and separation of powers

4. Forms and methods of exercising state power

Conclusion

Bibliographic list

Introduction

State power is the most important attribute of the state, endowed with power functions to govern the country. In a modern democratically oriented society, state power is based on the principle of democracy. Its source is not the divine will and not the charismatic qualities of the ruler, but the sovereignty of the people; his will, expressed in the constitution of the country, determines the nature of state power and the form of its implementation.

A necessary condition for the strengthening and development of state power is the legality, uniform and steady implementation of laws that are issued by state bodies and officials.

Thus, state power is among the necessary and special means for governing the country, adopting and enforcing laws designed to regulate relations both in the state itself and at the international level.

A large number of scientists devoted their works to the problems of state power: V.E. Chirkin, S.S. Alekseev, I.N. Homerov, V.D. Perevalov and many others.

The relevance of the chosen topic is substantiated by the fact that today the problem of state power and the problem of separation of powers is most acute.

Tasks of this work:

To study the concept and essence of state power.

To get acquainted with the structure of the apparatus of state power, as well as with the connection and separation of powers.

Consider the forms of exercise of state power.

The purpose of my work is to study the structure of state power, to consider its functions, principles of work, as well as the system of bodies in power.

The structure of this course work includes an introduction, four chapters and a conclusion. The first chapter outlines the concepts, principles of state power, as well as the activities of the state apparatus and its organization. The second chapter reflects questions about the legality and legitimacy of power, about its systemic unity. In the third chapter, the principle of separation of powers and control authorities were considered. The fourth chapter deals with the forms of exercising state power.

The foregoing predetermines the nature of this work: it is an attempt at a general study of the concept of state power.

1. The concept and essence of state power

1.1 The concept of state power

Power is the ability and ability to exercise one's own will, even in spite of the resistance of the other side (s). Power relations are asymmetric, they imply domination, domination, which can be imposed both by force and accepted “voluntarily” (under mental, ideological or other influence). Power always contains an element of coercion in one form or another, flexible, almost imperceptible, or rigid, even terroristic.

Of particular importance in human society is not individual, private power, which characterizes the dependence of one person on another (for example, the relationship of a mother and a young child), but conscious, public power, which is based on the existence of certain relationships, collectives. These ties are based not on personal relationships, not on kinship ties (as in a tribal system), but on other factors. The need for conscious, social power in human collectives stems from their joint conscious activity, which implies the division of behavior, the establishment of a certain hierarchy, the order of relationships between people in a team and collectives among themselves.

A special kind of collective is a modern, state-organized society of a particular country. He has political power. This power is not private (as in a family) or corporate (as in a political party), but public. It acts on behalf of the entire society, and even if the representatives of this power declare its class character (China, North Korea or Cuba), they argue that, in the end, such power serves the fundamental, long-term interests of society (for example, it is argued that the dictatorship of the proletariat aims to create the "most just" socialist and then communist society).

Political power, as a rule, finds its expression in state power. Only rarely are there other forms of political power. The political (but not state) power was the power of the Soviets in the conditions of dual power in February - July 1917 in Russia (it became state as a result of the revolution in October 1917)

1.2 The essence of state power

Power is the main feature of the state. Only the state has full power and has all its forms. All other social organizations have only partial power, or some form of power. Moreover, the power of all other social organizations needs to be sanctioned by the state authorities for its implementation.

State power is political in nature, but not all political power is state power.

There are several signs of state power:

1) The state power acts as the official representative of the society of a given country. Only it is legally authorized to act on behalf of the whole society and, as such, to apply on its behalf, if necessary, legalized and, in most cases, legitimate coercion, violence.

2) State power has supremacy in society, it is sovereign. The exercise of all other varieties of power can be regulated by the state, by law.

3) By regulating the relations of various classes, social and other groups, the state power performs an arbitration role in society, although at the same time, first of all, it protects the interests of the economically dominant classes and strata of the population, the most influential "pressure groups".

4) Unlike political, state power is highly formalized, its organization, the procedure for its activities are determined in detail by constitutional norms and other legislation.

In a federal state, not only the federation, but also its subjects (republics and other subjects within the Russian Federation, etc.) have state power. They have their own parliaments, the government sometimes - their presidents (republics in Russia and Yugoslavia). However, the state power of the subject of the federation has a subordinate character. The supremacy belongs to the federation.

State power, as a power acting on behalf of the whole society, should be distinguished from the power of local self-government, which is also public and political, but it is the power of a certain part of the population - a territorial collective within the boundaries of a particular administrative - territorial unit (district, district, etc.). .d.).

power legitimacy law legal

2. The structure of the apparatus of state power

2.1 Systemic unity of state power and separation of powers

State power is unified in the sense that it is exercised by the state apparatus as a whole (the institutional element of the state) and that there are no several competing "state powers". In particular, this is state sovereignty. But, firstly, the unified state power is exercised by the legislative, executive and judicial bodies. Secondly, with the historical development of statehood and law, a certain principle of the relationship and cooperation of these bodies is formed, which is called the separation of powers. The separation of powers into legislative, executive and judicial branches (separation of powers "horizontally") is not a fragmentation of a single power, but the principle of the structure of the institutional element of the state, the structural and functional characteristics of the organization, or mechanism, of state power.

The unified state power is exercised by the state apparatus, which is a system of state bodies. Within the framework of this system, three subsystems are distinguished (three relatively independent and interacting systems), which form the legislative, executive and judicial branches of the apparatus of state power as a whole. This structural structure of the state apparatus is based on the functional differentiation of state power. It is usually explained as a division of labor in public administration. This means that the state power is functionally intended for lawmaking, enforcement of laws (enforcement to comply with laws) and administration of justice. Rational organization and division of labor in public administration give rise to state bodies with different competences: there are bodies that establish generally binding norms, bodies that govern in accordance with these rules, and bodies that, in accordance with these rules, resolve disputes about law.

It can be emphasized that the theoretical construction of the division of labor in public administration explains only the existence of legislative, executive and judicial bodies. Moreover, the division of powers into legislative, executive and judicial branches does not at all follow from this construction, the differentiation of legislative, executive and judicial powers does not follow. For example, this construction allows that an executive body that manages in accordance with generally binding norms can at the same time itself issue generally binding normative acts. This construction does not deny such a division of labor in public administration, in which the same body establishes and executes laws, for example, it can pass a law on any issue of an individual nature.

In any more or less developed state, the structure of the state apparatus differs between legislative, executive and judicial bodies. But the presence of these bodies does not mean the separation of powers. So, in an absolute monarchy there is a legislator (the monarch himself, under which there may be a legislative advisory body), executive bodies (government or ministers, administrative bodies) and courts. But there is no separation of powers here, all state bodies are closed to the figure of the monarch. The absolute monarch is not only a legislator, but also the head of the executive branch and the supreme judge.

In the structure of the despotic organization of power, there are also power institutions generated by the division of labor in management. For example, in the Soviet totalitarian system there were bodies that actually made generally binding decisions, and the bodies responsible for the implementation of these decisions, there was a nominal legislator, there were formally separated courts and prosecutors. But, of course, total power excludes any kind of separation of powers or differentiation of powers.

The separation of powers is not any division of labor in public administration, but one that ensures the freedom of subjects of state-legal communication. This is such a principle organizational structure state apparatus, which is achieved in historically developed state forms and creates institutional guarantees of freedom, security and property.

2.2 Legality and legitimacy of state power

Laws and other normative acts issued on behalf of the state power are legalized, i.e. make legal or, on the contrary, illegal, illegal, unlawful certain relations (institutions, organizations) in society, allowing or forbidding them. In turn, the state power itself also needs to be legalized.

The legalization of state power is a legal declaration of the legitimacy of its emergence (establishment), organization and activity, its bodies, the procedure for its activities, and the implementation of the constitution.

Legalization is carried out in various ways, including by means of a referendum (for example, the Russian Constitution of 1993, which legalized the state power that took shape after the actual dissolution of the Congress of People's Deputies and the Supreme Council and the creation of the State Duma and the Federation Council), as well as other legal acts, for example, laws on parliamentary elections, presidential elections, and on the judiciary.

After state and military coups, revolutionary events, the new government, its emergency bodies, in an effort to create a legal basis for their activities, adopt temporary basic legal acts (decrees of the Soviet government of 1917-1918)

Legal acts legalizing state power must correspond not only to the interests of the people of the country, to express their will, but also to universal human values ​​and humanistic principles of law, including international law. Concentration, seizure of state power, appropriation of power (including by any party) are illegal. As the Russian Constitution of 1993 establishes, such actions are punishable (Article 3, Clause 4). .

Violation of the principle of legalization of state power implies legal liability. This responsibility extends both to persons encroaching "from the outside" on state power, and to bearers of state power itself (for example, responsibility for abuse of authority).

The term "legitimation" comes from the same Latin word (from Latin lex - law), but reflects the actual state.

Legitimate state power is the power that corresponds to the ideas of the people, society of a given country about its justice, correctness, validity, moral legitimacy.

The degree of legitimacy of state power finds its expression in the support of this power by the population. Support or lack thereof may be evidenced by the elections of the parliament and the president, a survey of the population, questionnaires, holding various meetings with the population and public events (for example, organizing a nationwide discussion of the draft of a new constitution). The consequence of legitimacy is the authority of state power among the population, the recognition of the right to govern and the voluntary consent to obey. Legitimacy increases the effectiveness of state power, since its activities rely on the support of the majority of the population.

There are extraordinary (extraordinary) and ordinary, traditional ways of legitimizing the new state power. Extraordinary are social and political revolutions that express the true interests of the people, overthrow the oppressive state power and establish a new power, which, however, does not always justify the aspirations of the people.

The German political scientist, lawyer and sociologist M. Weber (1864 - 1920) introduced a distinction between three main forms of legitimation of state power: traditional, charismatic and rational.

The traditional one is associated with the customs, traditions of the population, with personal class, tribal dependence, often with the special role of religion, as is the case, for example, in the countries of Muslim fundamentalism ( Saudi Arabia, Kuwait, UAE, etc.).

Charismatic legitimation is due to the special qualities of prominent personalities (less often, groups of people), to whom qualities are attributed that can determine people's behavior. Charisma was possessed by the great conquering commanders (Alexander the Great, Genghis Khan, Napoleon, etc.), Hitler, Stalin, de Gaulle, until a certain time, and B.N. Yeltsin.

Rational legitimation is based on reason: the population supports or rejects state power, guided by a rational assessment of this power. The basis of rational legitimation is not slogans and promises, not the creation of the image of a successful and wise ruler, often not even fair laws (they are sometimes not implemented, for example, in Russia), but practical work organs of the state for the benefit of the people of the country.

The loss of legitimacy by state power does not entail direct legal responsibility. The low rating of the parliament, the president, the government does not in itself cause its change. The fall in legitimacy is manifested in elections, when one or another party loses power, the president is defeated, certain deputies are not elected. It manifests itself in mass unrest of the population, collective protests directed against state power. In the most acute cases, the loss of legitimacy by the authorities leads to revolution.

3. Union and separation of powers

3.1 Supervisory bodies of state power in the system of separation of powers

In science, there is a point of view according to which not all state bodies can be classified as legislative, executive and judicial, and there is a fourth - control branch of power. It should be emphasized that the existence in countries with underdeveloped statehood of such bodies that do not fit into the separation of powers into legislative, executive and judicial, indicates that in these countries either there is no separation of powers at all, or it is fundamentally violated.

There is also the concept of "constituent power", but it does not apply to the characteristics of the apparatus of state power. Usually, “constituent power” is spoken of as “power of the people”, expressed in the adoption of a constitution by referendum. Or it means the competence of a special representative body - the constituent, or constitutional, assembly, which adopts the constitution and thereby, as it were, establishes a new state. The concept of "constituent power" is not on a par with the concepts of the legislative, executive and judicial branches of power, which explain the structure of the "established" or already existing apparatus of state power.

If the mechanism of the state is built on the basis of the separation of powers, then there are only legislative, executive and judicial authorities. At the same time, such a ratio of these bodies is possible, which deviates from the strict separation of legislative and executive powers in presidential republics (for example, the United States). But such a deviation does not give rise to new branches of state power along with the legislative and executive.

Where there is no separation of powers (despite the fact that within the framework of the “division of labor in public administration” there are legislative, executive and judicial bodies), the real head of state (monarch, dictator, “super president”, etc.) really plays an independent role. But the figure of such a real head of state is not on a par with other state bodies, but above them. Here, the separation of powers can be imitated, despite the fact that the head of state has a decisive set of powers in the legislative and executive spheres and, possibly, even the powers of the highest cassation or supervisory court.

If special control (supervisory) bodies play an independent role in the apparatus of the state, even stand on a par with parliament, government bodies and courts of general jurisdiction, this does not yet mean a special “control” branch of power. Thus, the prosecutor's office, which oversees the rule of law, together with government-administrative bodies, belongs to the executive branch. To control the constitutionality of laws and actions of the highest state bodies, a special branch of state power is not required. In essence, constitutional control is a check of the legal nature of laws, and such control is included in the task of the judiciary, which resolves disputes about the law. Constitutional control is exercised by courts of general jurisdiction or special constitutional courts. In those cases, constitutional control is carried out by quasi-judicial (quasi-prefix corresponding in meaning to the words "imaginary", "not real", "almost"), the powers of such control are limited and do not allow the body of constitutional control to stand on a par with the legislator.

Control powers can also be exercised by subsidiary bodies under the legislator, for example Accounts Chamber, Ombudsman (commissioner for human rights). Of course, such subsidiary bodies do not form an independent branch of state power.

3.2 Unity of state power and separation of powers

The unity of state power is connected with the emergence of the state itself. It matured as an integrated power, eliminating the tribal system with its particularism (separation by clan). The unity of state power means, first of all, that there cannot be two, three or more different powers in the state, which are not the same in nature, fundamental goals and have their own separate means of state coercion. The government is one. Therefore, in recent years, in Russian and foreign literature, instead of the term “separation of powers”, more and more often it is said about the separation of powers, about the separation of the branches of a single state power, about the “separation” of powers. The last concept in connection with the analysis of the concept of separation of powers, Russian lawyers B.A. Kistyakovsky and V.M. Hesse was offered eight or nine decades ago.

In modern times, a collectivist approach to the unity of state power has been established, according to which all power belongs to the people. In Marxism-Leninism, the collectivist interpretation took on a different character: power should belong to a certain class (the working class), and organizationally - to the system of Soviets from top to bottom. Such an interpretation of the unity of power is now accepted in the surviving countries of totalitarian socialism.

The idea of ​​the unity of state power is unequivocal. It has three different aspects:

1) social unity, which stems from the common nature of the state (dominant) social groups in society;

2) the unity of the main goals and activities of all state bodies, which is due to the need for coordinated management of society, without which it can be plunged into a state of anarchy and decay, and different goals in the activities of the highest state bodies can lead to their armed confrontation (Russia, October 1993 G.);

3) organizational and legal unity, which means the creation of a system of state bodies with their hierarchy and delimitation of powers.

The emergence of the idea of ​​separation of powers is associated with the struggle of the young bourgeoisie, which expressed the political (but not always economic) interests of the general population against absolutism. In an effort to limit royal power, the ideologists of the bourgeoisie (especially the French lawyer C.-L. Montesquieu, 1689-1755) put forward the thesis of the division of state power into three branches: legislative (parliament), executive (at that time - the king and his ministers) and judicial (independent courts with the participation of juries). This idea was then included in almost all the constitutions of the countries of the world (including the Russian one of 1993), along with the idea of ​​the power (sovereignty) of the people. The thesis about the separation of powers reflects the organizational and legal approach to the structure of state power, the articles of the constitution on the power of the people - a sociological one.

Separation of powers does not imply Chinese wall between its branches. In practice, this is neither possible nor practical. The branches of power interact, and often one of them penetrates the other (for example, the president issues acts that have the force of law, and the constitutional court has the right to recognize the laws of parliament as unconstitutional and thereby actually cancel their effect). Therefore, in modern conditions, the thesis on the separation of powers is supplemented in the constitutions with provisions on the system of checks and balances, the balance of powers and their interaction.

In some new constitutions, in scientific research, along with the three traditional authorities, others are also called: - Constituent (in particular, the adoption of a new constitution that changes the state system);

Electoral (in some countries of Latin America);

Control (bodies exercising state control, as well as supervisory activities of the prosecutor's office in the Russian Federation).

As for the power of the media (the fourth power), party power (the power of specialists), the power of technocrats, etc., sometimes called in the literature, these phenomena do not represent branches of state power.

In some of the newest constitutions of post-socialist countries, the idea of ​​separation of powers is no longer given such exaggerated importance as before. This approach is understandable after decades of totalitarianism, when there were united party-state structures. But he distorts the real situation. Therefore, now in individual constitutions of post-socialist countries, the theses on the unity and separation of powers are combined in one formulation: state power is unified, but is exercised on the basis of the separation of its branches, their interaction using a system of checks and balances.

4. Forms and methods of exercising state power

4.1 Forms of exercise of state power

The concept of a form of government explains what basic institutions make up the organization of state power, how they are formed and how they interact with each other. In the form of government, first of all, monarchies and republics differ.

In a monarchy, the highest powers of state power (real or nominal) are acquired by the sole ruler, usually by inheritance and, as a rule, are exercised for life. But the dynastic principle of succession to the crown is not always respected:

Dynasties can change as a result of the seizure of power.

Elective monarchies are known, in which the fate of the crown was decided by the aristocracy. The power of the monarch (and the very institution of the monarchy) is legitimized by its divine origin. Even in a nominal monarchy, the monarch is not subject to legal liability. The monarch, exercising real power, does not bear legal political responsibility for his activities.

Monarchies are absolute and constitutional. In absolute monarchies there are no representative institutions of the people, the sole bearer of sovereignty is the monarch. In constitutional monarchies, along with the monarch, other supreme state bodies - parliaments - act as carriers of sovereignty.

Constitutional monarchies are divided into dualistic and parliamentary.

In the republic, the highest powers of state power are exercised by officials (president, members of parliament, etc.) who are elected for a fixed term. Signs of a real republic are electivity, collegiality of one or several higher state bodies, legality, short-term replacement of the highest positions of executive power.

For modern developed countries, three forms of government are characteristic: a presidential republic, a parliamentary republic, a mixed (semi-presidential) republic.

In a presidential republic, the president is elected independently of parliament, either by the whole people or by an electoral college. He is both head of state and head of government. The president himself appoints the government and manages its activities. Parliament cannot bear a vote of no confidence in the government, and the president cannot dissolve parliament.

In a parliamentary republic, the government is formed by the parliament and is responsible to it. Parliament can express a quota of no confidence in the government and send him to resign, either as a whole, or only the head of government. The official head of state is the president, who is elected either by parliament or by an electoral college, sometimes by direct popular vote. However, it occupies a modest place in the system of state power. The real head of state is the head of government.

A feature of a mixed republic is the dual responsibility of the government to both the president and parliament. In such republics, the president is elected directly by the people. He is the head of state. He appoints the head of government and ministers, taking into account the alignment of political forces in parliament.

According to the 1993 Constitution, Russia looks like a mixed republic, but the president has significantly more powers than, for example, the French one. The President of the Russian Federation is, first of all, a constitutional and legal institution of executive power. He has decisive powers in the sphere of executive power, in comparison with which the figure of the prime minister turns out to be weak and dependent. He forms the government of the Russian Federation, is the supreme commander in chief. But the President of the Russian Federation has constitutional powers that take his power beyond the boundaries of executive power, upsetting the balance of the legislative and executive branches of power. The powers of the President of the Russian Federation in the field of legislative power include: the right of legislative initiative; the right to issue decrees on any matter not regulated by law, i.e. not by-laws; the right of suspensive veto over federal laws. Taken together, these powers create a competing rule-making competence of the Parliament and the President of the Russian Federation.

4.2 Ways of exercising state power

Ways of exercising state power explains the concept of "state regime". This is a category that expresses the extent and nature of the participation of subjects of state generalization (citizens and subjects, social groups, public associations) in the formation and exercise of state power. There are regimes and authoritarian (dictatorial) and democratic.

Authoritarianism means such a way of public-powerful, state management of social relations, in which feedback signals showing the reaction of society to management are blocked and not perceived by the organization of power. Under conditions of authoritarianism, there is no freedom of expression, free elections, freedom of association and other political freedoms (or they are significantly limited). There are no legal opposition political parties here, trade unions not controlled by the authorities, or the authorities obstruct the activities of opposition organizations. The mass media are controlled by the authoritarian government, depending on the severity of the authoritarian regime.

In the twentieth century There are two types of authoritarian state regimes: progressive and conservative. The goal of progressive regimes is to catch up with industrial development based on economic coercion (for example, Pinochet's regime in Chile). Conservative regimes (for example, Muslim fundamentalist regimes) arise in the conditions of the destruction of traditional society and represent the reaction of the traditionally ruling political elite to the weakening of its dominance.

Totalitarianism is not just an extreme version of authoritarianism. This is a kind of despotism, a relapse of despotism in the twentieth century. in the era of industrial development. Despotism is unlimited power, power over the not free, based on violence or the threat of its use. Under totalitarianism there is no freedom political, economic, spiritual, etc. This regime creates a society based on non-economic, i.e. purely force, coercion.

Democracy in the modern sense of this concept means the formally equal participation of full-fledged citizens in the formation and exercise of state power. The principle of democracy is formal equality in politics, formal equality of political ideologies and associations, parties, formally equal opportunity for all subjects of state-legal communication to participate in the formation of state will.

A sign of modern democracy, first of all, are political freedoms - ideological and political pluralism, multi-party system, freedom of expression, freedom of the media, freedom of association, assembly and demonstration, universal and equal suffrage, the right to petition. In a democracy, free elections are regularly held for the highest state bodies, i.e. elected bodies are politically responsible to the voters. All full-fledged citizens and their associations are allowed to participate in elections, with the exception of those who pursue the goal of overthrowing the democratic regime and establishing a dictatorship, as well as other anti-legal goals.

It is customary to distinguish between direct (direct) and representative forms of democracy.

Democracy is usually explained as "rule by the people". This refers to the people as a kind of abstract subject of power. Democratic power claims to express the will of the people. But in reality, in a modern democratic state there is no “power of the people”, especially “direct power of the people”, but there is a democratically organized state power.

The “democracy effect” in modern constitutions is achieved in the following way. Firstly, the people are declared to be the only sovereign source of power in the country and the bearer of some sovereignty, this position is recognized as an indispensable feature of democracy in the sense of "people's power". Secondly, it is proclaimed that the people are not only a source of power, but also exercise their power directly, as well as through state authorities and local self-government. Thirdly, the referendum - free elections are called the highest direct expression of the power of the people.

In reality, in a pluralistic democracy, the source of power is not the people (an abstract collective whole), but the majority (often a relative majority) of politically active citizens who participate in the formation of state power and constitute a minority of the people. In the elections of the highest bodies of state power, parties compete, backed by organized groups; each of which represents the interests of a part of the people - often a very small part. Parties that have great resources of influence on voters win elections. The electorate of the winning party is usually a minority of the people, but the ruling elite always claims that they received power "from the people" or "by the will of the people."

Thus, elections are a state-organized process of electing representative bodies. This is participation in the formation of state power, and not the implementation of "the power of the people."

The widespread use of elective principles in the formation of public authorities and local self-government has led to the active development of the electoral system in the Russian Federation, electoral legislation and relevant practice.

However, a big and yet unresolved problem for us is that "the electoral system is turning into a means of generating and reproducing corruption." In the absence of sufficient state funds for elections, election campaigns are financed mainly from private sources. Elections have turned into competitions of moneybags. Representatives of the capital support candidates for deputies and for elective positions in government and local self-government bodies, or even strive for power themselves.

Money is spent recklessly. The winner is expected to respond adequately. There is a skillful game. Outwardly, it is necessary to play before the voters an ardent fighter for their aspirations, but in reality - to ensure security and all sorts of blessings for patrons.

Today, deputies and elected officials have only rights, and no legal obligations to voters. Many deputies and elected officials do not cope with their duties, and deputies often simply do nothing, using the mandate for selfish purposes.

The responsibility of a deputy should be understood not so much as sanctions, but as the awareness of each chosen one of his duty to the people. But there must also be a threat of early loss of the mandate. This will stimulate the participation of voters in the elections.

An important guarantor of a democratic society, first of all, is fair elections, and the methods of combating election fraud should be, first of all, more thoughtful legislative regulation; the introduction, as, for example, in France, Canada and a number of other countries, of a system of predominantly state funding of election campaigns; as well as strengthening the control of society, the creation of public structures that will disseminate information in the struggle for fair elections.

Conclusion

Based on this study, we can conclude that today the state power and its structure operate in democratic states, in particular in the Russian Federation. State power is the organ of exercising power in the country, which is carried out through the system of government. From this work, it can also be distinguished that at the moment the state power is not so developed and is not yet able to fulfill all the tasks, duties and properties that the Constitution of the Russian Federation has assigned to it. It can also be noted that in other states of the Romano-Germanic family, state power is exercised to the fullest extent possible to protect the legal rights and obligations of a person and citizen of a given state.

Today there is a lot of controversy on the topic of state power. Many scientists, legal theorists and practitioners are engaged in endless discussions on the topic of state power, but no new ways to solve problems have been found. This topic is presented in different ways in educational publications of different authors and scientists. From this we can conclude that the topic of state power has not yet been fully studied.

In a modern democratically oriented society, it is necessary to achieve the steady implementation of the laws of the state. This requires a clear separation of powers into legislative, executive and judicial branches. State power allows you to clearly manage the country, adopt laws and other regulatory legal acts designed to regulate relations both in the state itself and at the international level. State power also ensures the freedom and equality of citizens.

Bibliographic list

1. Russian Federation. Constitution (1993). [Electronic resource]: (taking into account the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ and of December 30, 2008 N 7-FKZ)

2. Alekseev, S.S. Theory of state and law: a textbook for universities / S.S. Alekseev. - Moscow: Norma, 2012. - 484 p.

3. Glazukova, N.I. The system of public administration: a textbook for universities / N.I. Glazunov. - Moscow: UNITI-DANA, 2011. - 551 p.

4. Gomerov, I.N. State and state power: textbook / I.N. Homer. - Moscow: YuKEA, 2012. - 830 p.

5. Levakin, I.V. Modern Russian statehood: problems of the transitional period / I.V. Levakin // State and Law: a monthly magazine. - 2011. - No. 2. - S. 5-12.

6. Matuzov, N.I. Theory of state and law: a textbook for universities / N.I. Matuzov. - Moscow: Jurist, 2012. - 511 p.

7. Syrykh, V.M. Theory of state and law: a textbook for universities / V.M. Raw. - Moscow: Yustitsinform Legal House, 2009. - 587 p.

8. Perevalov, V.D. Theory of state and law: a textbook for universities / V.D. Passes. - Moscow: Norma, 2010. - 496s.

9. Talyanina, L.N. Separation of powers in the state /L.N. Talyanina // State power and local self-government: a practical and informational journal. - 2012. - No. 5. - S. 6-7.

10. Chirkin, V.E. Modern state: textbook / V.E. Chirkin. - Moscow: Knorus, 2011. - 412 p.

Hosted on Allbest.ru

...

Similar Documents

State power and its main properties. Signs of state power and principles of organization and activities of the state apparatus. Forms of implementation of state power. Legitimacy and legality of power. Unity and separation of powers.

term paper, added 01/23/2014


The concept, features and properties of state power. Forms of government. Classification of methods of exercising state power. Legitimacy and legality of power. Control bodies of state power in the system of separation of powers.

term paper, added 05/19/2009


The concept and essence of state power as the embodiment of a social connection that ensures the unification of the political community. Components of state power, its legality and legitimacy. Methods of exercising state power in Russia.

abstract, added 07/18/2015


The concept, properties and signs of state power. Principles of organization and activity of the state apparatus. Unity and separation of powers, control bodies in this system. Features of the exercise of state power in the Russian Federation.

term paper, added 05/01/2016


The concept of state power. Power structure, connection and separation of powers. Features and methods of exercising state power, the role of ideology. The relationship between persuasion and coercion. Features of the exercise of state power in the Russian Federation.

term paper, added 06/10/2011


Legitimacy as recognition by members of the community of the existing social order, endowment with prestige that dictates norms and sets patterns of behavior. Ways of understanding state power and legality. The ratio of legality and legitimacy.

term paper, added 07/09/2011


The concept, structure and mechanism of state power, its relationship with the state. Legislative, executive and judicial power. Legitimacy of state power, legal forms of its implementation. Modernization of the concept of separation of powers.

term paper, added 10/04/2010


The essence of the supremacy of the Constitution and federal laws. Features of the system of state power. The delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the subjects.

term paper, added 12/15/2008


The concept and signs of state power. Forms and methods of its implementation. The concept and types of social power. Legalization and legitimization of state power. Its unity and separation of powers. The main types of state power and their relationship.

term paper, added 04/18/2010


The structure of state power in the Russian Federation. General characteristics of the legislature, the role of the Federal Assembly in lawmaking. The role of the government in the implementation of state power. Judicial branch, President of the Russian Federation in the system of state power.

The essence of the concept of "state power" is currently not fully understood and therefore is the subject of study of such sciences as sociology, philosophy, history, theory of state and law.

Obviously, this concept consists of two multifaceted and up to now debatable terms - "state" and "power", each of which must be considered.

Power is a category that almost all researchers have addressed, starting from Ancient Greece, Rome, China, India and up to the present day. However, the duration of the study did not affect the uniformity of approaches to the definition of this concept. According to V.G. Ledyaev, this is due to the fact that only a few researchers turn to the analysis of the scope and limits of the application of this concept, its content specificity and place in the overall conceptual structure 1 .

The concept of "power" is interpreted ambiguously even by philologists. In the dictionary of the Russian language S.I. Ozhegov's power is the right and opportunity to dispose of someone or something, to subordinate to one's will, as well as political domination, state administration and its bodies 2. In other sources, power is defined as the right to govern the state, political domination, and at the same time it is the organs of state administration, the government. There is a dualism of concepts 3 . As you know, most concepts are considered in a broad (philosophical, general sociological) and narrow senses, and the concept of "power" is no exception to this rule.

Practically in all definitions of power given by Soviet scientists, the idea of ​​domination of one subject of power relations over another, the forced subordination of the latter to the will and interests of the former, carried out with the help of coercion, dominates. The basis of such conclusions was the views of the classics of Marxism-Leninism, who considered power as a relationship, the dual content of which, on the one hand, means the imposition of the will of the ruling on the subject, on the other hand, the subordination of the subject to the will of the ruling.

Currently, in foreign and domestic literature, the concept of "power" is associated with the concepts of power relations, created on the basis of a certain philosophical or general sociological doctrine.

The relational approach in defining the concept of "power" includes three areas: the theory of resistance, the theory of resource exchange and the theory of division of zones of influence. The common point of all three theories is the interpretation of power relations as the relationship of two partners influencing each other in the process of interaction.

After analyzing all the above theories, we can summarize the signs of power listed in them 4:

power relations are characterized by the presence of two subjects with unequal rights and responsibilities; in addition, the ruling one forces the subject to commit actions or inaction to the extent that it satisfies his interests and needs, using all possible methods for this;

has a program-targeted character due to endowing one of the subjects of the power relationship with an individual or group consciousness that plans and predicts events in order to achieve a specific result;

is a variety and mechanism for regulating those resources and needs, forces and opportunities that each particular society has;

directly depends on the level of socio-cultural development of society;

is political in nature, structured and hierarchized to the extent that social relations in a given society are structured and hierarchized.

Thus, power is a mechanism for the existence and development of any social community, corresponding to the achieved character and level of social life, characterized by the subordination of the will of individual subjects of power relations and their associations to the governing will in this community, supported by the possibility of its enforcement.

To define the concept of "power" in the narrow sense (through the concept of "state"), many approaches have also been developed (normativist, theological, natural law, cultural studies, etc.) 5 . Some scholars define the state as “the main political organization of a class society that manages it, protects the economic and social structure”, as “a political organization of society headed by the government and its bodies, as well as a country with such a political organization”, or as a “socio-political an organization operating in a certain territory and possessing supreme power on it” 6 .

An analysis of the above definitions shows that the existence of a state is unthinkable without the presence of power, the concepts of "state power" and "political power" are organically linked, and the terms "state power" and "political power" are synonymous (although there are opponents of this statement).

Thus, the state is an organization of public power, necessary both to achieve the satisfaction of the interests and needs of individual classes, and to carry out common affairs arising from the nature of any society.

In the course of the development of world and domestic history, the process of the emergence of the state, and with it the state power in different regions, proceeded differently. Under the influence of these features of the origin of the state and state power, as socio-economic formations, political regimes changed, and due to the peculiarities of the form of government and state structure, different points of view on the essence of the concepts of “power” and “state power” were formed.

In our country, the concept of "state power" is constitutionally personified, i.e. contains an active subject - the state represented by its bodies, to which the people delegate their power 7 .

In modern domestic scientific literature there is at least four approaches to the definition of the concept of "state power" 8:

as a system of government bodies;

as a special volitional relationship (in which one of the parties is a special political subject - the state, its body or official);

as a system of powers (confirmation of the characteristics of state power as a set of powers is the practice of implementing federal relations in the Russian Federation. The division of power at the federal level is nothing but the division of competence);

as functions (the authorities themselves and the acts adopted by them are functions of power, just as in general all the functions carried out by individual organs of a living thing. Power is considered as a necessary function for directing, managing and coordinating the volitional actions of people of any collective).

The use of the term "state power" in rule-making indicates that the legislator also ambiguously interprets the content of this concept. For example, in the context of Article 10 of the Constitution of the Russian Federation, it is obvious that state power is identified with the exercise of power, but not with the authorities themselves. The general logic of constructing constitutional norms allows us to talk about the ambiguity of the consideration of power. Thus, part 4 of article 3 of the Constitution of the Russian Federation contains a provision on the prohibition of the appropriation or seizure of power in the country (“power” = “authority”), article 18 means authorities by power, indicating that the activities of power are determined by the rights and freedoms of man and citizen 9.

Various scientific definitions cannot always be formalized and used in the categorical apparatus of the legislative process. It seems that the most correct way to formalize the concept of "state power" is to identify it with the property of state bodies that have a set of state powers, since it is through the implementation of this property of the state apparatus that the people exercise their power. In turn, the concept of "authority" in a broad sense is considered in close connection with such terms as "subject of jurisdiction" and "competence".

In addition to the term "state power", there is also a concept derived from it "system of state power", considered by a number of scientists on the basis of part 3 of article 5 of the Constitution of the Russian Federation, according to which the federal structure of the country is based on its state integrity, the unity of the system of state power, the delimitation of subjects of jurisdiction and powers between state authorities of Russia and its subjects 10 .

In the scientific literature, the terms “legislative power”, “judicial power”, “executive power” are used to designate the system of state bodies and the system of state power 11 .

When defining the system of state power as a set of three branches of power through the prism of the principle of separation of powers, it must be taken into account that in such a case there is a holistic structure for building organs, and in this case the branches of power do not represent a set of interrelated elements.

State power is a system of relations of will and subordination, a concentrated expression of the will and power of the dominant stratum (class, nation) or people in society. It is called upon to ensure stability and order in society, to protect its citizens from external and internal encroachments through the use of such means as encouragement, state coercion and military force.

The structure of state power:

2. power relations;

   means and resources that provide power.

State power is divided into representative (legislative), executive and judicial powers. This follows from its nature, from the nature of the administration of society, the nature of a just public order 12 .

Representative power in modern legal states stems directly from the population and exists in the form of parliaments - elected state bodies (Duma, Legislative Assembly, assembly of representatives, etc.). The task of the parliament is the adoption of laws, control over their implementation; often the parliament has control powers in relation to the government, its individual ministers.

The executive state power is called upon to execute laws and decisions of parliament. As a rule, it is quite independent in prompt decision-making, within the framework of the current legislation, and in spending financial resources.

The judiciary is an independent branch of public authority. Its task is the administration of justice in criminal, civil, administrative and other cases in the manner prescribed by the laws of the state, as well as the protection of the rights of citizens, organizations, including the authorities of the state itself.

Forms of implementation of state power. Ensuring the unity and interaction of all elements of the state mechanism for managing social life is carried out by methods of persuasion, coercion and encouragement.

Belief- invitation of citizens and other subjects of law to certain activities corresponding to their will, without force pressure, ensuring freedom of choice; is based on the interest of the population in the legality and expediency of conscious behavior that meets the rule of law.

Compulsion- declining people to certain activities through force pressure, limiting the freedom of choice. It can be carried out through such legal means as preventive measures, punishments, etc.

promotion- encouragement through the system of rewards for actions in which society and the state are interested; stimulates socially useful activity.

Thus, the state power of the slave-owning society in its majority was reduced to violence. The functions of performing common affairs in the activities of the state occupied an insignificant volume. In a feudal society, the feudal-dependent peasant becomes freer than the slave, so the method of violence becomes less significant. Early bourgeois state, until about the 50s. The 19th century was also characterized by a desire for violence and coercion, despite the fact that the worker was free to sell his labor. The bourgeois state of a later period (late 19th - early 20th centuries) is still an instrument of class government.

The state is a complex mechanism for managing society, diverse social spheres and processes, representing a system of state bodies and the corresponding material resources necessary to fulfill its tasks and functions.

A specific feature of the bodies that in their totality form the state mechanism is the state-imperious nature of their powers, which is associated with the mandatory legal consolidation of the formation and activities of these bodies, and the ability to issue legal acts based on this and protect them from violation.

The functioning of this specially created state mechanism presupposes the presence of a special detachment of people - civil servants, whose main purpose, taking into account the division of labor that has developed in society, is to manage, ensure state power, and guarantee it.

Thus, having considered from various points of view all the components of the concept of "state power", we can draw the following conclusions 13:

state power in the Russian Federation is a property of state bodies that have a set of state power powers;

in current legislation The Russian Federation does not contain a unified understanding of state power, which indicates the debatability and complexity of this category;

the division of state power into legislative, executive and judicial is rather conditional;

the Constitution of the Russian Federation mentions only the systems of executive and judicial power, which do not include a number of subjects of power, including local governments, which have enormous powers, and the judiciary is divided into separate organizational and legal sections;

the system of state power in Russia has a sign of unity, which does not exclude, however, the independence of various state bodies, with strictly defined powers that can be redistributed between subjects, but in their totality constitute an invariable set and regulate the entire scope of social relations.