2 what is included in the concept of public power. Kucherenko A.V.


Public power- this is power isolated from society and does not coincide with the population of the country, which is one of the features that distinguishes the state from social order. Usually contrasted with public power. The emergence of public authority is associated with the emergence of the first states.

Types of public administration

  • international public administration.

It is carried out by bodies created by the world community (UN bodies, primarily the Security Council and the General Assembly) or regional international associations

  • public state control.

It is carried out within the state-organized society of a particular country (currently there are 200 states in the world).

  • a special type of public administration exists in subjects of the federation and autonomies
  • public administration exists in municipal formations representing a territorial collective.

[edit]Public authorities

Public power is exercised various organs. For example, in Russian Federation Public authorities include:

  • state bodies, including:
    • government bodies of the Russian Federation;
    • state bodies of the constituent entities of the Russian Federation;
  • local government bodies.

[edit]Public power and state power

State power is a type of public power. Last concept wider, since it includes not only state power, but also any other power isolated from society and exercised by special bodies or officials.

4. The state apparatus as a sign of the state. State structure apparatus. Government bodies: concept, types. State Face.

State apparatus (state mechanism)- system special bodies and institutions through which it is carried out public administration society and protection of its basic interests. Most common characteristic features state apparatus are expressed as follows:

  • The mechanism of the state consists of people specifically involved in management (lawmaking, execution of laws, their protection from violations).
  • The state mechanism is complex system bodies and institutions that are closely interconnected in the exercise of their direct power functions.
  • The functions of all levels of the state apparatus are provided by organizational and financial means, and in necessary cases And coercive influence.
  • The state mechanism is designed to reliably guarantee and protect legitimate interests and the rights of its citizens. Sphere authority government agencies limited by the law that maximally ensures harmonious, fair relations between the state and the individual.

The structure of the state apparatus is a combination of state authorities and management and civil servants employed in state bodies vested with authority to implement the functions of state power of all types - legislative, executive, judicial. In a broad sense, the state apparatus includes not only the bodies of state power themselves, but also such important instruments of power as the armed forces, law enforcement or other enforcement agencies. In a narrower sense, the state apparatus is often understood as a set of administrative bodies authorities performing executive and administrative functions of government.

A state body is a relatively independent, structurally separate unit of the state apparatus, created by the state in order to implement certain type government activities, endowed with the appropriate competence for this purpose and relying in the process of implementing its powers on organizational, material and coercive force states. Specific signs that distinguish state bodies from non-state structures are: - formation at the will of the state and the exercise of their powers on behalf of the state. State bodies are often called public authorities, implying that with their help, state sovereignty in the field of establishing and implementing government requirements; - fulfillment by each state body of strictly defined, established in legislative order types and forms of activity (legislative, executive, protective, etc.); in the system of power hierarchy, which determines the nature and scope of powers belonging to the state body, as well as the order of its relationship with other state (non-state) bodies and organizations; - the basis for the interaction of state bodies is a set of principles of unity of state power and separation of powers. The principle of unity of state power presupposes that state bodies, regardless of the scope of power, structural features and character professional activity act on behalf of the entire state and in the process of implementing the legal acts adopted by them can rely on state guarantees (including on state mechanism coercion). Separation of powers is only possible in democratic state . The essence this principle consists in dispersing power between single-level government bodies, which mutually balance and mutually control each other’s activities, using a system of “checks and balances”. Acting as subjects social and legal relations government bodies are characterized as legal entities of a public legal nature. Their existence does not depend on will and desire individuals that form certain government bodies (for example, the appointment or resignation of government members does not affect the process of existence of the government itself as a state body). While being components of the same state apparatus, state bodies differ from each other in the order of their formation, the types of state activities they perform, the nature and scope of their competence, and the peculiarities of their execution official powers: etc. The classification of government bodies can be based on the following criteria: 1. According to legal force -federal authorities (state power;- state bodies of the subjects. 2. By order of formation: -representative (elected) (President, Legislative Assembly);-derivatives (assigned) (Government, judicial authorities). 3. By the nature of the powers exercised: -the institution of the head of state (President, Monarch);- organs legislative branch (Federal Assembly, RF, Legislative assemblies subjects of the Russian Federation);, courts of subjects); - supervisory and control authorities ( General Prosecutor's Office , Customs Committee, tax police, etc.) 4. By duration of action: - permanent (President, Federal Assembly, Government, etc.);-temporary (

State Committee.

Defense of the USSR (a body created during the Second World War)). 5. Sovereignty as a sign of a state Sovereignty is perceived in two aspects: as supremacy in internal affairs(internal sovereignty) and independence in the international arena (external sovereignty). Depending on the form of government, the bearers of sovereignty may differ: in republics, as a rule, the only bearer of sovereignty is the people. In an absolute monarchy, the monarch is recognized as such; in a limited onarchy, the people and the monarch are recognized as such at the same time. Moreover, in this case, the sovereignty of one subject can be recognized as primary in relation to the sovereignty of another. So in parliamentary monarchies the primary popular sovereignty, and in dualistic ones - monarchical. Special place in terms of bearers of sovereignty, the Shoria countries occupy legal tradition and other states built on theocracy: here God is recognized as the sovereign. Territories may have sovereignty varying in scope. States are territories with the highest, absolute sovereignty. However, they can provide certain of its components to the territories that are part of them. Such states are called federal, and these territories themselves are called federal subjects. But in any case, the sovereignty of the subject of the federation cannot be higher than the sovereignty of the federation itself. There are also such supranational associations as confederations. The confederations themselves have almost no sovereignty, but their subjects, on the contrary, enjoy
absolute rights

, up to the right of secession (withdrawal from the confederation).

Public power. The term “power” means the ability to influence in the desired direction, to subordinate to one’s will, to impose it on those under one’s control, to feel dominance over them. Such relationships are established between the population and a special cohort (stratum) of people that controls it. The power of the political elite is exercised through bodies and institutions united in a single hierarchical system. The mechanism of the state allows us to ensure the normal functioning of society. Its most important components include legislative and executive bodies. The distinctive features of state power, in contrast to other types of power (political, party, religious, economic, industrial, family, etc.) are: its publicity, i.e. extension of prerogatives to the entire territory, to the entire population; its universality, i.e. the ability to resolve any issues affecting common interests; the universality of its instructions.

Public power in state and municipal administration. Any collective generates relations of power, dominance and subordination. This fact stems from various aspects of inequality between people and their groups in the team. Initially, this inequality is natural. Some people are physically stronger, smarter, more resourceful, have natural leadership qualities, etc. Other people submit to them voluntarily or by force. This personal element (the special qualities of a particular person), when creating certain groupings of people, in groups of a certain kind, can acquire public, social significance and becomes a prerequisite for the emergence of public power, which is separated from the collective. However, for the emergence of public power, the main importance is not the personal qualities of people or their groups.

Public power does not arise in every collective. Parental power in the family or the power of the leader of a criminal gang is not public, but personal, personal in nature. Public power arises in a public collective, whose members are connected not by family or other personal, but by social relations. Directly public power is associated with two factors mentioned above: common interests, which at a certain stage become public, and social (not personal) asymmetry. Due to the above reasons, state power arises in the society of the country, municipal power - initially in a collective of people who settled in place for common life. These two types of public authority share many common characteristics. They are separated from society (an exception is, for example, decision-making by village assemblies in small municipalities), public authorities have the right to establish general rules that are generally binding for a given collective (society, municipality) and to apply coercion. Both of them have a special apparatus - a collective of people, as if isolated from society and professionally engaged in management (and coercion) - state and municipal.

Public (state) power

As a sign public authority reveals the state primarily as an institutional system, a set of institutions of power, state apparatus, state authorities, law enforcement system, a system of military structures, punitive, repressive bodies. Public power also includes a special layer of people, i.e. civil servants, officials who, on a material and financial basis, carry out professionally governmental, managerial, law-making, judicial, military, diplomatic and other types of activities.

Public power especially clearly shows the discrepancy and non-identity of the state and society. At the same time, the scientific significance of the concept of the state as political form, a way of organizing society as a whole. Exactly this sign fixes the division of society into those in power and the ruled, those who govern and those who are governed. At the same time maintains its scientific and practical significance division of elements of the structure of society on property, ideological, religious, gender, age, national, class, estate, group grounds.

The division of society in connection with public power into those in power and those in power, those who govern and those who are governed should not be considered as a shortcoming, a defect, or a disease of society that needs to be gotten rid of as quickly as possible. This feature does not lead to understanding the state only and exclusively as good or evil. Both theoretically and practically, it reveals how complex, ambiguous, contradictory and even tragic the relationship between state and society can be. Society may have trust or distrust in the institutions of public power. Moreover, society's attitude towards power can take the most radical revolutionary forms. And history provides many examples of this. In other words, the state and public authorities can separate themselves, for example, from the church, but they will never be able to separate themselves from society, a person, even in a state of extreme alienation from their social base.

So, public power as a sign of the state is called public for the following reasons. Firstly, it is a subject-institutional embodiment, the implementation of objective public needs in the state. Secondly, she always acts and acts (even at the official level - monarch, president, parliament, government, court, army, even in cases of error) on behalf of society, people, nation. Thirdly, according to its purpose, goals, objectives, functions, it acts and is called upon to act in the interests of society. Fourthly, it is open and accessible to society in one form or another (political parties, electoral systems, public organizations, social movements up to revolutionary uprisings, uprisings, etc.).

It should be noted that power existed in pre-state society, but it was directly public power, which came from the entire clan and was used by them for self-government. She did not need any officials or any apparatus. The fundamental feature of public (state) power is that it is embodied precisely in officials, i.e. in the professional class (category) of managers, from whom the governing and coercive bodies (state apparatus) are staffed. Without this physical embodiment, state power is only a shadow, an imagination, an empty abstraction.

Personified in state bodies and institutions, public power becomes state power, that is, the real force that ensures state coercion, violence. The decisive role in the implementation of coercion belongs to one or another security forces and special institutions.

3. State sovereignty. The concept of “state sovereignty” appeared at the end of the Middle Ages, when it was necessary to separate state power from church power and give it exclusive, monopoly significance. Nowadays sovereignty - mandatory feature states. A country that does not have it is a colony or dominion.

Sovereignty as a sign of a state means the supremacy and independence of the state, state power inside and outside society, on the territory on which this state arose, exists and operates, and in relation to others foreign countries. As a political and legal phenomenon, sovereignty is characteristic of the state as a whole, but not of its individual institutions. officials, representatives - for example, the monarch, the president, the government, the head of government, parliament, a member of parliament, a judge.

Over the past few hundred years, various theories of sovereignty have emerged - the doctrines of "state sovereignty", "sovereignty of the people", "sovereignty of the nation", " limited sovereignty", "absolute sovereignty" up to modern avant-garde theoretical versions about the loss of sovereignty in the context of globalization processes of its scientific and political-practical significance.

As a sign of a state, sovereignty fixes the unique and only possible place that the state occupies in society. It is a direct expression of the independence (albeit relative) of the state in relation to society as a whole, its constituents social classes, groups, classes, nations, ethnic groups, political parties, public organizations, individuals. Without independence, without sovereignty, the state would not be able to effectively or even simply realistically realize its purpose and functions. True, such theoretical and political-legal constructs as “sovereignty of the people”, “the people are the only source of power”, “the right of the nation to self-determination”, “state formation” show the complex and contradictory nature of state sovereignty, which really depends on the form of government of the state , forms government system, socio-economic, political, national processes and movements in society, from the specific historical type of society.

The sovereignty of the state strives to be absolute, i.e. unlimited. However, in real life it is limited by factors of various properties - external, internal, objective, subjective. Among them are world system states, military seizure of all or part of the territory of a state by other states, objective economic laws, moral and spiritual world person.

So, sovereignty as a property (attribute) of state power lies in its supremacy, autonomy and independence.

The supremacy of state power within a country means: a) the universality of its power, which extends to the entire population, all parties and public organizations of a given country; b) its prerogatives (state power can cancel and invalidate any manifestation of any other public power if the latter violates the law); c) the presence of such means of influence that no other public authority has (army, police or militia, prisons, etc.).

The autonomy and independence of state power from any other power within the country and outside it is expressed in its exclusive, monopoly right to freely decide all its affairs.

In the Soviet Union and former socialist states, state power was neither supreme, nor independent, nor independent, because above it was party power. The state implemented party directives and was the executive instrument of the ruling party. All this weakened state power and became one of the reasons for the deep crisis of society and the state.

State - an organization of political power that governs society and ensures order and stability in it.

Main signs of the state are: availability certain territory, sovereignty, wide social base, monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbols.

The state fulfills internal functions, among which are economic, stabilization, coordination, social, etc. There are also external functions, the most important of which are ensuring defense and establishing international cooperation.

By form of government states are divided into monarchies (constitutional and absolute) and republics (parliamentary, presidential and mixed). Depending on the forms of government allocate unitary states, federations and confederations.

State

State - This special organization political power, which has special apparatus(mechanism) for managing the company to ensure its normal activities.

IN historical In terms of plan, the state can be defined as a social organization that has ultimate power over all people living within the boundaries of a certain territory, and has as its main goal the solution common problems and ensuring the common good while maintaining, above all, order.

IN structural In terms of government, the state appears as an extensive network of institutions and organizations representing three branches of government: legislative, executive and judicial.

Government is sovereign, i.e. supreme, in relation to all organizations and individuals within the country, as well as independent, independent in relation to other states. State - official representative the entire society, all its members, called citizens.

Loans collected from the population and received from them are used to maintain the state apparatus of power.

The state is a universal organization, distinguished by a number of unparalleled attributes and characteristics.

Signs of the state

  • Coercion - state coercion is primary and has priority over the right to coerce other entities within of this state and is carried out specialized bodies in situations determined by law.
  • Sovereignty - the state has the highest and unlimited power in relation to all individuals and organizations operating within its historical boundaries.
  • Universality - the state acts on behalf of the entire society and extends its power to the entire territory.

Signs of the state are territorial organization population, state sovereignty, tax collection, lawmaking. The state subjugates the entire population living in a certain territory, regardless of administrative-territorial division.

Attributes of the state

  • Territory is defined by the boundaries separating the spheres of sovereignty of individual states.
  • The population is the subjects of the state, over whom its power extends and under whose protection they are.
  • The apparatus is a system of organs and the presence of a special “class of officials” through which the state functions and develops. The publication of laws and regulations that are binding on the entire population of a given state is carried out by the state legislative body.

Concept of state

The state appears at a certain stage of development of society as a political organization, as an institution of power and management of society. There are two main concepts of the emergence of the state. In accordance with the first concept, the state arises in the course of the natural development of society and the conclusion of an agreement between citizens and rulers (T. Hobbes, J. Locke). The second concept goes back to the ideas of Plato. She rejects the first and insists that the state arises as a result of conquest (conquest) comparatively small group warlike and organized people (tribe, race) significantly superior in number, but less organized population (D. Hume, F. Nietzsche). Obviously, in the history of mankind, both the first and second methods of the emergence of the state took place.

As already mentioned, at first the state was the only political organization in society. Later, during the development political system society, other political organizations (parties, movements, blocs, etc.) arise.

The term "state" is usually used in a broad and narrow sense.

In a broad sense, the state is identified with society, with a specific country. For example, we say: “states that are members of the UN”, “states that are members of NATO”, “the state of India”. In the examples given, the state refers to entire countries along with their peoples living in a certain territory. This idea of ​​the state dominated in antiquity and the Middle Ages.

In a narrow sense, the state is understood as one of the institutions of the political system that has supreme power in society. This understanding of the role and place of the state is substantiated during the formation of institutions civil society(XVIII - XIX centuries), when the political system becomes more complex and social structure society, there is a need to separate the actual state institutions and institutions from society and other non-state institutions of the political system.

The state is the main socio-political institution of society, the core of the political system. Possessing sovereign power in society, it controls the lives of people, regulates relations between various social strata and classes, and is responsible for the stability of society and the safety of its citizens.

The state has a complex organizational structure, which includes the following elements: legislative institutions, executive and administrative bodies, judicial system, security authorities public order And state security, armed forces, etc. All this allows the state to perform not only the functions of managing society, but also the functions of coercion (institutionalized violence) in relation to both individual citizens, and large social communities(classes, estates, nations). So, in the years Soviet power in the USSR, many classes and estates were virtually destroyed (bourgeoisie, merchant class, wealthy peasantry, etc.), political repression entire peoples were subjected (Chechens, Ingush, Crimean Tatars, Germans, etc.).

Signs of the state

The state is recognized as the main subject of political activity. WITH functional point of view, the state is the leading political institution that manages society and ensures order and stability in it. WITH organizational point of view, the state is an organization of political power that enters into relations with other subjects of political activity (for example, citizens). In this understanding, the state is considered as a collection political institutions(courts, system social security, army, bureaucracy, authorities local authorities etc.) responsible for the organization social life and publicly funded.

Signs that distinguish the state from other subjects of political activity are as follows:

Availability of a certain territory- state jurisdiction (the right to hold court and decide legal issues) defined by it territorial boundaries. Within these boundaries, the power of the state extends to all members of society (both those who have citizenship of the country and those who do not);

Sovereignty- the state is completely independent in internal affairs and in conducting foreign policy;

Variety of resources used— the state accumulates the main power resources (economic, social, spiritual, etc.) to exercise its powers;

Striving to represent the interests of the entire society - the state acts on behalf of the whole society, and not individuals or social groups;

Monopoly on legitimate violence- the state has the right to use force to enforce laws and punish their violators;

Right to collect taxes— the state establishes and collects various taxes and fees from the population, which are used to finance government bodies and solve various management problems;

Public nature of power- the state provides protection public interests, not private ones. When implementing public policy Usually there are no personal relations between the authorities and citizens;

Availability of symbolism- the state has its own signs of statehood - a flag, coat of arms, anthem, special symbols and attributes of power (for example, a crown, a scepter and an orb in some monarchies), etc.

In a number of contexts, the concept of “state” is perceived as close in meaning to the concepts of “country”, “society”, “government”, but this is not so.

A country— the concept is primarily cultural and geographical. This term is usually used when talking about area, climate, natural areas, population, nationalities, religions, etc. The state is a political concept and means political organization of that other country - the form of its government and structure, political regime etc.

Society- a concept broader than the state. For example, a society can be above the state (society as all of humanity) or pre-state (such as a tribe and a primitive clan). On modern stage the concepts of society and the state also do not coincide: public power (say, a layer of professional managers) is relatively independent and isolated from the rest of society.

Government - only part of the state, its highest administrative and executive agency, an instrument for the exercise of political power. The state is a stable institution, while governments come and go.

General characteristics of the state

Despite all the variety of types and forms state entities that arose previously and currently exist, we can distinguish general signs, which to one degree or another are characteristic of any state. In our opinion, these signs were presented most fully and convincingly by V.P. Pugachev.

These signs include the following:

  • public power, separated from society and not coinciding with social organization; the presence of a special layer of people who carry out political administration society;
  • a certain territory (political space), delineated by borders, to which the laws and powers of the state apply;
  • sovereignty - supreme power over all citizens living in a certain territory, their institutions and organizations;
  • monopoly on the legal use of force. Only the state has “legal” grounds for limiting the rights and freedoms of citizens and even depriving them of their lives. For these purposes it has special strong structure: army, police, courts, prisons, etc. P.;
  • the right to collect taxes and fees from the population that are necessary for the maintenance of government bodies and material support state policy: defense, economic, social, etc.;
  • mandatory membership in the state. A person acquires citizenship from the moment of birth. Unlike membership in a party or other organizations, citizenship is a necessary attribute of any person;
  • claim to represent the whole of society as a whole and to protect common interests and goals. In reality, no state or other organization is able to fully reflect the interests of all social groups, classes and individual citizens of society.

All functions of the state can be divided into two main types: internal and external.

By doing internal functions The activities of the state are aimed at managing society, at coordinating the interests of various social strata and classes, and at preserving their powers of power. Carrying out external functions, the state acts as a subject international relations, representing a specific people, territory and sovereign power.

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