Modern Democratic state presupposes a developed civil society in which various public organizations, political parties in which no ideology can be established as the official state ideology. Political life in a democratic state is built on the basis of ideological, political diversity, multi-party system, etc.

The Russian Federation is now on the path to becoming a democratic state.

IN Lately Many legislative acts have been adopted that create the basis for further development our state as a democratic one. This is the Declaration of state sovereignty Russian Federation, Declaration of Rights and Freedoms of Man and Citizen, Law on Citizenship, Law on Property, etc. On December 12, 2008, the Constitution of the Russian Federation was adopted by popular vote, which laid down legal basis for further development and improvement legal system Russia.

Unfortunately, the norms enshrined in these and other legislative acts, are not fully realized in practice. Therefore, this question is more relevant today than ever, which was the reason I chose this topic. This work examines the ways of formation and development of a democratic state, its concept and essence, as well as democratic principles constitutional order Russian Federation.

1. THE CONCEPT AND ESSENCE OF PEOPLE’S POWER

A democratic state is a state whose structure and activities correspond to the will of the people, the generally recognized rights and freedoms of man and citizen 1 . Democratic state - essential element democracy of a civil society based on the rights of freedom of people. The source of power and legitimation of all bodies of this state is the sovereignty of the people.

It is not enough just to proclaim a state democratic (totalitarian states also do this), the main thing is to ensure its structure and activities are appropriate legal institutions, real guarantees of democracy. The concept of a democratic state is inextricably linked with the concepts of constitutional and rule of law, in a certain sense, we can talk about the synonymy of all three terms. A democratic state cannot but be both constitutional and legal 2.

A state can meet the characteristics of a democratic state only in the conditions of an established civil society. This state should not strive for statism, it should strictly adhere to the established limits of interference in economic and spiritual life, which ensure freedom of enterprise and culture. The functions of a democratic state include ensuring common interests people, but with unconditional respect and protection of human and civil rights and freedoms. Such a state is the antipode of a totalitarian state; these two concepts are mutually exclusive.

The most important features of a democratic state: a) real representative democracy; b) ensuring the rights and freedoms of man and citizen; c) direct democracy.

The principle of democracy characterizes the Russian Federation as a democratic state (Article 1 of the Constitution of the Russian Federation) 1. Democracy assumes that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people(Article 3 of the Constitution of the Russian Federation), this is typical for a democratic state governed by the rule of law with a republican form of government. Each of the two categories “people” and “power” that make up the concept of “democracy” is a complex phenomenon and requires special consideration.

WITH legal point point of view, the word “people” is identified with the concept of “citizens” and is defined as belonging to a given, associated within the framework single state, a collection of people to the corresponding state.

“Power” is the ability to command or control someone or something, to subordinate others to one’s will. Power is a social category. It arises along with the emergence of human society and exists in every human society, since every human society requires management, which is provided by various means, including coercion 2.

In conditions of democracy, the exercise of power is constituted, legitimized and controlled by the people, that is, by the citizens of the state, for it appears in the forms of self-determination and self-government of the people, in which all citizens can participate on equal rights. Democracy, as a form of state and method of government, thus turns into organizing principle possession of power and its exercise, determining that the decision of any state tasks or implementation authority need legitimation (legitimation) emanating from the people or going back to them. The idea of ​​the people as the starting and ending point of democratic legitimation is basic in the understanding of democracy.

Popular sovereignty means that the people, without sharing their power with anyone, exercise it independently and independently of any social forces, using it exclusively for their own purposes. own interests. In a democratic state, the only source of power and its bearer is the people. Recognition of the people as the supreme bearer of all power is an expression popular sovereignty. Popular sovereignty is indivisible, has and can have only one subject - the people. The Constitution of the Russian Federation enshrines the prerogative of the multinational people of Russia for all power, their absolute power. It means that Russian people does not share power with anyone, and no one except himself can lay claim to power in the Russian Federation. “No one can appropriate power in the Russian Federation,” says Art. 3, paragraph 4 of the Constitution, “the seizure of power or the appropriation of power is prosecuted under federal law.”

2. MECHANISM AND FORMS OF IMPLEMENTATION OF democracy

a) system of representative institutions: concept, principles, structure, legal basis

Representative democracy- the exercise of power by the people through elected institutions that represent citizens and are endowed with the exclusive right to make laws 1. Representative bodies (parliaments, elected bodies local government) are vested with the right to decide the most important issues life of the people (declaration of war, adoption of a budget, introduction of a state of emergency and martial law, resolution of territorial disputes, etc.). Constitution in various countries empower representative bodies various powers, but the mandatory and most important among them are the functions legislative branch and adoption of the budget. Representative bodies are not necessarily designed to directly control the executive power - this is recognized only in states with a parliamentary form of government, but in any system these bodies are still vested with separate constitutional powers in this area. The effectiveness of representative bodies depends to a great, if not decisive, extent on cooperation with the executive branch. Other no less important condition— independence of the representative institution within the limits of its powers, absence of competing legislative power, non-interference executive power into the prerogatives of representative institutions.

Ensuring the rights and freedoms of man and citizen is another important feature of a democratic state. This is where the close connection between formally democratic institutions and political regime. Only in a democratic regime do rights and freedoms become real, legality is established and arbitrariness is eliminated security forces states. No lofty goals or democratic declarations can give a state a truly democratic character if they are not ensured universally recognized rights and freedom of man and citizen. The Constitution of the Russian Federation has enshrined the rights and freedoms known to world practice, but for many of them to be implemented, conditions still need to be created.

Representative democracy means the exercise of power by the people through representative bodies. Representative bodies are elected directly by the people and consist of their authorized representatives - people's deputies, play a huge role in the formation and expression of the state will of the people, personifying it. The Russian Parliament and the representative bodies of its constituent entities exercise legislative power and express state will people in the laws regulating the organization and activities of others power structures, the behavior of all people and organizations in the country. Representative democracy should promote the control of the state by the people.

b) referendum as a form of direct democracy

The political significance of the referendum institution is that with its help citizens acquire the opportunity effective impact on the formation of policies of state and other authorities, and the latter, in turn, have the opportunity to compare their decisions with the opinion of the people or a separate part of them. Thus, a referendum is an integral institution of a modern democratic state, an attributable element of a developed civil society.

A referendum is highest form direct democracy, the content of which is the expression of will established by law number of citizens for any social significant issue, except for those that cannot by law be submitted to a binding referendum.

Federal constitutional law dated October 10, 1995 “On the referendum of the Russian Federation” 1 referendum of the Russian Federation is fixed as a popular vote of citizens of the Russian Federation on bills, current laws and other issues of national importance 2 .

The same article enshrines, in the form of characteristics, the fundamental fundamental positions: “The referendum of the Russian Federation, along with free elections, is the highest direct expression of the power of the people.

The Federal Law of June 12, 2002 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” provides three definitions of a referendum:

“a referendum is a form of direct expression of the will of citizens of the Russian Federation on the most important issues of state and local significance for the purpose of decision-making carried out through voting by citizens of the Russian Federation who have the right to participate in a referendum;

local referendum (local referendum) - a referendum held in accordance with the Constitution of the Russian Federation, this Federal Law, other federal laws, the constitution (charter), the law of a subject of the Russian Federation, the charter of a municipal entity among citizens of the Russian Federation who have the right to participate in a referendum, place whose residence is located within the boundaries of the municipality;

referendum of the Russian Federation - a referendum held in accordance with the Constitution of the Russian Federation, the Federal Constitutional Law “On the Referendum of the Russian Federation”, this Federal Law among citizens of the Russian Federation who have the right to participate in a referendum, whose place of residence is located on the territory of the Russian Federation, as well as citizens Russian Federation, living or located outside the territory of the Russian Federation;

referendum of a subject of the Russian Federation - a referendum held in accordance with the Constitution of the Russian Federation, this Federal Law, other federal laws, the constitution (charter), the law of a subject of the Russian Federation among citizens of the Russian Federation who have the right to participate in a referendum, whose place of residence is located on the territory of the subject Russian Federation".

In Article 22 of the Federal Law of October 6, 2003 “On general principles organization of local self-government in the Russian Federation" 1 a similar position can be traced in the definition of a local referendum - it serves to directly resolve issues of local importance by the population.

Legislation of the constituent entities of the Russian Federation and in the charters municipalities definitions of referendums are given, mainly within the framework of the definitions given by the federal legislator.

TO constitutional foundations The referendum institution can be classified into three groups of norms: the first group is fundamental, general and special.

Fundamental norms include such constitutional provisions as:

Russia is legal, democratic, federal state with a republican form of government (Article 1);


the bearer of sovereignty and unity of sources of power in the Russian Federation is its multinational people (Part 1, Article 3);


the people exercise their power directly, as well as through state authorities and local governments (Part 2, Article 3).


The general ones include:


the highest direct expression of the power of the people is a referendum and free elections (Part 3 of Article 3);


citizens of the Russian Federation have the right to participate in
management of state affairs both directly and through
their representatives (Part 1, Article 32);


citizens of the Russian Federation have the right to vote and be
elected to government bodies and local self-government bodies, as well as to participate in a referendum (Part 2 of Article 32);


do not have the right to vote and be elected citizens, recognized by the court incompetent, as well as those held in places of deprivation of liberty by a court verdict (Part 3 of Article 32).


The third group of constitutional provisions, which the author conditionally combined into a special group, includes norms that establish elements of the mechanism for holding referendums in Russia:


local self-government is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other local government bodies (Part 2 of Article 130);


the obligation of the President of the Russian Federation to call a referendum (Article 84);


the absence of the right to call a referendum for the acting President of the Russian Federation (Article 92).


Thanks to the constitutional consolidation of the local referendum in Art. 130 of the Russian Constitution and the possibility of holding constitutional referendum(Article 135), we can talk about constitutional consolidation the following types referendums: by territory - all-Russian, constituent entities of the Federation and municipal. By legal force- imperative (adoption of the Constitution of Russia); according to the imperative nature of the appointment - optional (Article 135).


c) elections – as a form of direct democracy


Direct democracy is understood as the direct expression of the will of the people or part of them, their direct resolution of issues of state and public life or expressing opinions on these matters. The Constitution enshrines a number of institutions (forms) of direct democracy, including referendum and free elections as the highest direct expression of the power of the people. These institutions also include others: meetings, rallies, processions, demonstrations, picketing, individual and collective appeals to state bodies and local governments, public discussions of important issues state life, bills.


In the system of institutions of direct democracy the most important place belongs to elections - the form of the broadest participation of citizens in government state affairs 1 .


Elections mean the participation of citizens in the implementation of democracy through the selection from their midst by voting of representatives to perform in state bodies or local governments their functions of exercising power in accordance with the will and interests of citizens expressed in such elections.


The main thing about elections is that they are a form of citizens exercising their power. Most essential feature elections are the direct expression of the will of citizens and their nomination of representatives from among themselves to exercise the power that belongs to the people.


This is fully consistent with the rule according to which the right to participate in government, primarily active and passive suffrage, is granted to citizens of a particular state, i.e., persons with citizenship. Suffrage is the right not just of a person, but of a citizen.


Through elections, state bodies and local self-government bodies are formed, their personnel. Representative (legislative) bodies are elected: Federal Assembly(however, the Federation Council was elected by the population only of the first convocation), legislative bodies of the constituent entities of the federation. Representative bodies of local self-government are also elected. Currently, a number of officials: President of the Russian Federation, presidents of its republics, heads of administrations, mayors of cities.


Elections government agencies and local governments, provided for by the Constitution RF, are free and are carried out on the basis of universal equal and direct voting rights by secret ballot.


CONCLUSION


In conclusion, we can give the following definition of a democratic state: a democratic state is a state in which political rights and freedom, participation of the people in the exercise of legislative power (directly and through representatives). This implies high level legal and political culture, developed civic consciousness in society. In a democratic state, it is possible, within the framework of the law, to defend and promote individual and group views and beliefs, which is reflected in the formation and functioning of political parties, public associations, in political pluralism, freedom of the press, etc.


In accordance with the Constitution of the Russian Federation (Article 1), the Russian Federation is a democratic state. Its democracy finds expression primarily in ensuring democracy in it; separation of powers into legislative, executive and judicial; ideological and political diversity; local government. Unfortunately, the norms contained in the Constitution of the Russian Federation, which characterize the Russian Federation as a democratic state, are not fully implemented in practice, and are sometimes grossly violated. Thus, declared the bearer of sovereignty and the only source of power in the Russian Federation, its people are in fact increasingly removed from real power, since free elections, which are the highest direct expression of the power of the people, where they are held, cannot determine the will of the people, because they usually a small proportion of voters participate.


The principle of separation of powers is not fully implemented in practice. Today this division is characterized by the almost universal dominance of the executive branch, as well as the presidential power, which stands above all other powers.


The norms of the Constitution of the Russian Federation on local self-government, which, where it is created, are largely formal in nature, have not been implemented in practice in the proper form.


All this suggests that the establishment of a truly democratic state in Russia will require a lot of time and efforts of its people to create conditions in which constitutional norms, providing for the construction of a democratic state, could be fully implemented.


BIBLIOGRAPHY


1. Constitution of the Russian Federation. 12.12. 1993 // Russian newspaper. – 1993. December 25.
   

Question 1. How does the state appear, first of all, to every person?

1. structures; 2. substances;

3. forms of society;

4. matter; 5. sensations.

Question 2. What is the territorial organization of people?

1. community; 2. by the state;

3. community; 4. structure;

5. essence.

Question 3. How does the state unite people?

1. demographic;

2. material; 3. psychological;

4. legal;

5. moral.

Question 4. Which institution acts as a legal way of uniting people in the state?

1. Institute of Citizenship;

2. the institution of coercion;

3. institution of persuasion;

4. institution of violence;

5. institution of obedience.

Question 5. Name the form of society that acts as both a structure and a mechanism of public self-government?

1. parliament; 2. administration;

3. department;

4. committee;

5. state. Task 2. (score 5) Question 1. Who owns it?

supreme power

in a monarchical state? 1. people; 2. parliament; 3. feudal lords;

4. hereditary monarch;

5. bourgeoisie. Question 2. In what year was the phrase “we the people... establish and adopt...” written into the US Constitution? 1. 1786;

2. 1787;

3. 1788; 4. 1789; 5. 1790. Question 3. Which century is characterized by recognition of the merits and prospects of a democratic state?

1. XX century ;

2. XIX century ; 3. XVIII century ; 4. XVII century ;

Question 4. What is significantly influenced by the choice of form of government, functions, structure and other parameters of national government?

1. on forms of organization;

2. on public structures;

3. for public administration;

4. on types of organization;

5. on the form of power.

Question 5. What types of states are divided into administrative-territorial units governed vertically by a single system of state power?

1. federal;

2. parliamentary;

Question 1. Who owns the expression: “A function is an existence that we imagine in action”?

1. Ilyin I.; 2. Goethe I.;

3. Tikhomirov L.; 4. Shlesinger A.;

5. Popper K.

Question 2. What function of the state is aimed at ensuring the rights and freedoms of every person and citizen throughout its territory?

1. social; 2. political;

3. economic;

4. organizational;

5. internal.

Question 3. Who is the author of the conclusion: “Political and strategic motives, national power and national security have their own vitality and force regardless of systems of ideology and ownership”?

1. Ilyin I.; 2. Goethe I.; 3. Shlesinger A.;

5. Popper K.

4. Tikhomirov L.;

Question 4. In what society does pluralism exist?

1. in legal; 2. in social;

3. in feudal;

4. in slaveholding;

5. in civilian clothes.

Question 5. What structures should reinforce the relevance of public policy?

1. institutional;

2. universal;

3. material;

4. state legal;

5. foreign economic.

Task 4. (score 5) Question 1. What idea about the components, elements and their relationships is of fundamental importance for public administration?

1. methodical;

2. philosophical;

3. political;

4. systemic;

5. methodological.

Question 2. Name the defining dominant elements of public administration:

1. economic basis of the state;

2. socio-political nature of the state;

3. social essence of the state; 4. ontological nature of the state;

5. ethical basis of the state. 1. Wiener N.; 2. Peters T.; 3. Klaus G.; 4. Petrushenko L.;

5. Bertalanffy N. Question 4. How many types feedback

is it possible to distinguish in the public administration system?

1. one;

2 two;

3. three; 4 four; 5. five.

Question 5. What connections characterize the expediency and rationality of its own internal organization and activities of the subject of public administration as a whole, its subsystems, links and individual components?

1. object direct connections;

2. object external connections;

3. organizational and structural connections;

4. subjective feedback;

5. subjective internal connections.

Task 5. (score 4)

Question 1. What does typical mean in public administration?

1. unity of system elements;

2. unification of its elements;

1. complexity of the public administration system;

2. variety of relationships between managed objects;

3. variety of manifestations of public administration;

4. differentiation, specification and specialization of control actions;

5. level of the subject of government administration.

management should be disclosed in such typical areas as: construction of the apparatus; labor processes, service relations and relations with society:

1. T. Peters; 2. S. Kovalevski;

3. R. Waterman; 4. L. Tikhomirov;

5. W. Ashby.

Question 4. What determines the stability of the public administration system?

1. the variety of its elements;

2. uniformity;

3. centrism;

4. unification of elements;

5. formalism of management.

Question 5. The development of human potential in public administration contributes to:

1. dynamism of public administration;

2. the effectiveness of the public administration system with a decrease material costs at her;

3. implementation of the principles of federalism and self-government;

4. specialization and complexity of management;

5. variety of forms and types of ownership.

Task 6. (score 4)

Question 1. What is the essence of public administration?

1. hierarchy of public administration goals;

2. priority of the needs and interests of the development of society;

3. foresight, forecasting, programming, planning;

4. objective practical focus of public administration;

5. the subjective side of public administration.

Question 2. What goals are the “trunk” of the “tree of goals” of public administration?

1. tactical; 2. operational;

3. providing; 4. strategic;

5. organizational.

Question 3. Democracy is:

1. power of the people;

2. a system of self-organization of people’s lives based on their rights and freedoms;

3. organization of society that inspires people's trust in the authorities;

4. a society in which the individual is protected by a system of laws;

5. the form of the state in which innovation and tactics are revealed

possibilities of society.

Question 4. What resources are occupied? special place in ensuring public administration?

1. resource of law; 2. resource of the organization;

3. resource of democracy; 4. knowledge resource;

5. natural, financial and labor resources.

Question 5. What number of requirements for the goals of public administration are necessary and sufficient?

1. four; 2. three; 3. seven; 4. five; 5. two.

Task 7. (score 4)

Question 1. What is the function of public administration?

1. elements of the management process;

2. real, targeted, regulatory influence on the controlled phenomenon;

3. stages of the management cycle;

4. direct organization of managed objects;

5. internal hardware work.

Question 2. What expresses the meaning and nature of the control action?

1. subject of public administration functions;

2. method of implementing management functions;

4. scope of influence of functions;

5. means of implementing functions.

Question 3. Who identifies the general functions of public administration as planning, organization, leadership, motivation and control?

1. G. Kunz; 2. K. Killen; 3. R. Falmer;

4. S. O'Donnell;

5. Ch. Macmillan.

Question 4. What ensures the rationality and efficiency of the functional structure of public administration?

1. vertical of executive power;

2. level of self-government of managed objects;

3. form of government;

4. form of government;

5. social orientation of control actions.

Question 5. What is the meaning of legal registration of the management functions of government bodies?

1. in the correct combination of management functions;

2. in the description of goals and management functions;

3. in determining the competence of state bodies;

4. the ability to specify and clearly express the content of control actions;

5. in removing the managerial activity of government bodies.

Task 8. (score 5)

Question 1. What is the system-forming element of the organizational structure of public administration?

1. social and functional role of public administration;

2. state body carrying out control actions;

3. organization of technical and other means;

4. sustainable relationship of human resources;

5. social qualities of the state.

Question 2. The organizational characteristics of a government body reveal it as:

1. a group of people intended to perform government tasks;

2. a structure that performs certain functions of the state;

3. belonging of this structure to the state apparatus, its internal structure;

4. vesting this structure with state powers;

5. formation of state management influences.

Question 3. What is a government agency?

1. state organization in any area of ​​public life;

2. a state enterprise carrying out economic activities;

3. a government agency created to provide social services;

5. a single power structure created to implement the goals and functions of the state.

Question 4. What is the necessary and sufficient number of signs of local self-government?

1. four; 2. two; 3. six; 4. three; 5. five.

Question 5. The objective foundations of the organizational structure of public administration are:

1. human potential;

2. democracy of public administration;

3. public policy;

4. information support for public administration;

5. stable relationship of managed objects.

Task 9. (score 4)

Question 1. Vertical, unidirectional subordination of government bodies is characteristic of a structure based on:

1. functional;

2. linear;

3. linear-functional;

4. program-targeted;

5. matrix.

Question 2. What is the necessary and sufficient number of typical external relations of a government body?

1. four; 2. six; 3. three; 4. two; 5. seven.

Question 3. The subordination of government bodies to each other is a criterion for the classification of government bodies, according to which they differ in:

1. superior and inferior;

2. formed by the state and elected by the population;

3. general, sectoral and intersectoral competence;

4. federal, federal and local authorities;

5. collegial or individual management.

Question 4. How does it relate? judicial branch to the organizational structure of public administration?

1. courts do not participate in the implementation of control actions;

3. courts have the right to suspend or cancel management decisions;

4. trials shape public opinion in the state;

5. The judicial power in the state is more significant than the executive power.

Question 5. What is the main feature that allows government bodies to be classified as one or another link in the organizational structure of management?

1. status of a government body;

2. structure of the government body;

3. its function;

4. subordination to other government bodies;

5. coincidence of legal status, structure and external influences.

Task 10. (score 3)

Question 1. What is the necessary and sufficient number of provisions that determine the essence of federalism in different countries?

1. eight; 2. seven; 3. six; 4. five; 5. four.

Question 2. Who is the ideologist of the theory of state sovereignty?

1. J.-J. Rousseau; 2. J. Bodin;

3. F. Prokopovich;

4. I. Pososhkov;

5. V. Tatishchev.

Question 3. What is the essence of the idea of ​​national sovereignty?

1. every nation has its own unique culture;

3. each nation has its own state;

4. each nation is politically independent;

5. Each nation occupies a certain territory.

Question 4. State sovereignty determines:

1. rights of the state;

2. his duties;

3. rights and obligations of the state;

4. the will of the people;

5. territorial integrity.

Question 5. The bearer (subject) of the national are:

1. nations; 2. classes; 3. teams;

4. people; 5. government agencies.

Task 11. (score 4)

Question 1. Who owns the expression “Do not do to others what you would not want done to you”?

1. I. Cantu; 2. T. Hobbes; 3. J.-J. Rousseau;

4. Socrates; 5. Plato.

Question 2. The status of a citizen characterizes the relationship between a person and the state, first of all:

1. economic;

2. political; 3. moral;

4. legal;

5. practical.

Question 3. The channel of relationship between the citizen and the state is:

1. salary;

2. social benefits;

3. media;

4. public policy;

5. expression of the will of citizens.

Question 4. The system-forming factor in the formation and interaction of all power structures is:

1. level of power;

2. citizen status;

3. the will of citizens;

4. political regime;

5. organization of systemic relationships of society.

Question 5. Between human rights and freedoms and the rights and freedoms of peoples there is:

1. relative compliance;

2. correlation;

3. subordination;

4. lack of any connection;

5. tight relationship.

Task 12. (score 5)

Question 1. The introduction of what elements of management activity can make it rational and effective? 1. everyone;

2. separate;

3. some; 4. targeted;

5. exceptional. Question 2. At what quantity legal forms

Are management decisions recorded? 1. with one; 2. at two;

3. at three;

4. at four;

5. at five.

Question 3. What public administrative forms are associated with certain collective or individual actions (operational, organizational and material and technical operations)?

1. legal; 2. regulatory;

3. organizational;

4. directive;

5. control. Question 4. What is a management decision in most cases?

1. directive; 2. indication; 3. prescription; 4. legal act; 5. resolution.

Question 5. What is it called? scientific knowledge

about perfect activity?

1. Dianetics;

2. praxeology;

Question 1. Which of the listed methods for ensuring the implementation of the goals and functions of public administration in terms of content, as well as in terms of influence on the interests and motives of human behavior, should be excluded as erroneous?

1. moral and ethical;

2. administrative;

3. psychological;

4. socio-political;

5. economic.

Question 2. What methods of ensuring the implementation of the goals and functions of public administration are addressed to the dignity, honor and conscience of a person?

1. administrative;

2. psychological;

3. moral and ethical;

4. socio-political;

5. economic.

Question 3. What methods of public administration are determined by the role of economic interests in people’s lives and, accordingly, in management processes?

1. socio-political;

2. administrative; 3. psychological;

4. economic; 5. moral and ethical.

Question 4. Name the number of stages distinguished in management activities:

1. six; 2. seven; 3. eight;

4. nine; 5. ten.

Question 5. What is the name of a homogeneous, logically indivisible part of the management process, aimed at achieving a specific goal?

1. function; 2. disposition; 3. trend;

4. procedure; 5. operation.

Task 14. (score 5)

Question 1. How many interrelated and interdependent aspects can be identified in the problem of the principles of public administration?

1. one; 2. two; 3. three; 4. four;5. five.

Question 2. Which aspect helps to identify the grounds, objective prerequisites necessary for systematizing the principles of public administration?

1. epistemological; 2. ontological;

3. methodological;

4. practical;

5. theoretical. Question 3. Which aspect shows the role of principles in theoretical and practical activities

people in public administration?

1. epistemological; 2. ontological;

3. theoretical;

4. methodological;

1. 14; 2. 13; 3. 12; 4. 11; 5. 10.

5. practical.

Question 4. How many principles of public administration does A. Fayol name?

Question 5. What is the pattern, relationship or interconnection of socio-political nature and other groups of elements of public administration (systems of ontological elements), expressed in the form of a certain scientific position, mostly enshrined in law and applied in the theoretical and practical activities of people in management?

1. by the method of public administration;

2. degree in public administration;

3. a feature of public administration;

4. rules of public administration;

Question 1. Name the period of operation of the separation of powers system, estimated by an American scientist:

1. 100 years; 2. 200 years; 3. 300 years;

4. 400 years; 5. 500 years.

Question 2. What type of structural principles of public administration characterizes the patterns, relationships and interconnections of the construction of the functional structure of public administration?

1. structural and target;

2. structural and functional;

3. structural and methodological;

4. structural and organizational;

5. structural and procedural.

Question 3. What principle reveals the scope and content of subordination and managerial interaction in the organizational structure of public administration?

1. structural and procedural;

2. territorial target;

3. structural and functional;

4. linear-functional;

5. structural and organizational.

Task 16. (score 5)

Question 1. From whom does the difference between the concepts of “right” and “law” come?

1. from the ancient Greeks; 2. from the ancient Slavs;

3. from the Vikings; 4. from the ancient Romans;

5. from Finno-Ugric peoples.

Question 2. What is connected with the deep needs and interests of people in regulating their own, public and private life?

1. law; 2. theory; 3. behavior; 4. motive;

5. interest.

Question 3. What is the activity of the state (the bodies authorized by it) in publishing legal norms(rules) of people's behavior, mandatory, which are ensured by the capabilities of public opinion and the state apparatus?

1. management practice;

2. legal regulation;

3. management theory;

4. control method;

5. management style.

Question 4. What is the activity of the state in organizing government bodies and establishing rules for their functioning (activity)?

1. control method;

2. management style;

3. management methodology;

4. legal regulation of public administration;

5. structuring management.

Question 5. What is at the center of legal regulation of public administration?

1. legal status of the government body;

2. subordination of a government body;

3. the role of the government body;

4. powers of the government body;

5. functions of a government body.

Task 17. (score 5)

Question 1. What is the legal expression of the totality of management functions and powers of a government body in relation to individual managed objects?

1. status of a government body;

2. the competence of the state body;

3. subordination of a government body;

4. powers of a government body;

5. competence of the state body.

Question 2. Name the points that characterize the method of legal regulation of public administration:

1. subject (source) of legal regulation;

2. the possibility of legal regulation;

3. the nature of legal regulation;

4. limits of legal regulation;

5. the meaning and content of legal norms.

Question 3. Name the article of the Constitution of the Russian Federation that defines the jurisdiction of the Russian Federation:

1. 69; 2. 70; 3. 71; 4. 72; 5. 73.

Question 4. What determines the meaning and content of legal norms that determine behavior in management processes and relationships?

1. from protective regulations;

2. from definitions;

4. on the methods of legal regulation;

5. from regulatory standards.

Question 5. What legal rules govern the choice between rules?

1. conflict;

2. operational;

5. protective.

Task 18. (score 4) Question 1. In what year was it adopted? the federal law

“On the general principles of local government organizations in the Russian Federation”?

1. 1992; 2. 1993; 3. 1994; 4. 1995;

5. 1996 Question 2. What entities are the urban, rural population, several settlements united common territory

, part of the population, other populated territory within which local self-government is exercised, there is municipal property, a local budget and

elected local government bodies? 1. municipal;

2. territorial;

3. regional;

4. local;

5. administrative. Question 3. What kind of self-government is designed to ensure independent decisions by the population on issues of local importance, ownership, use and disposal of municipal property?

1. urban; 2. rural;

3. local;

4. territorial; 5. regional.

Question 4. The area of ​​authority of which bodies is unacceptable to be invaded by a local government body?

1. government;

2. state;

3. competent; 4. administrative;

5. directive.

Question 5. Based on the model of what entities are municipalities created?

1. regional;

2. local;

3. administrative; 4. regional; 5. state.

Task 19. (score 5)

Question 1. What is the date of adoption of the Resolution of the Supreme Council of the Russian Federation “On the division of state property in the Russian Federation into federal property of republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, the cities of Moscow and St. Petersburg into municipal property”: property objects, fully complying with the requirements of the Resolution Supreme Council RF dated December 27, 1997?

1. within five months;

2. within four months;

3. within three months;

4. within two months;

5. within a month.

Question 3. Since when did the distinction between state and municipal services occur?

1. since 1993; 2. since 1994; 3. since 1995;

4. since 1996; 5. since 1997

Question 4. What is the name of professional activity in permanent basis in local government bodies for the execution of powers?

1. administrative work;

2. civil service;

3. municipal service;

4. management work;

5. social work.

Question 5. By what principle are municipal employees classified according to the legislation on municipal service?

1. by class; 2. by rank;

3. by category;

4. by position;

5. by groups.

Task 20 (score 5)

Question 1. At what level are the general principles of legal regulation of local self-government established?

1. at the regional; 2. local;

3. at the state level;

4. at the federal level;

1. 13; 2. 12; 3. 11;

5. at the regional one.

1. 8; 2. 9; 3. 10; 4. 12; 5. 14.

Question 2. Name the article of the Constitution of the Russian Federation that recognizes and guarantees local self-government in the Russian Federation:

Question 3. Which article of the Constitution of the Russian Federation is entirely devoted to local self-government?

The term “democracy” was first used in the work of the Greek historian Herodotus. American President Abraham Lincoln defined this concept as the power of the people, which he elects and in whose interests it is exercised. To understand what a democratic state is, one should consider its main features, principles and functions. Definitions of the term "democracy" To date

1. legal science and political science give several definitions to the concept of “democracy”:

Special shape

3. organization of the state in which power belongs to all its citizens, who enjoy equal rights to govern. 2. The design of any structure. It is based on the principles of equality of its members, periodic election of governing bodies and decision-making by majority vote.

Social movement with the aim of establishing the ideals of democracy in life..

4. A worldview based on the principles of freedom, equality, respect for human rights and national minorities A democratic state is the embodiment of the power of the people. At the same time, citizens have

equal rights

1. Recognition of popular sovereignty. Citizens of democratic states are the supreme bearers of power.

2. The possibility of participation of the entire people (and not part of the population) in managing affairs in society and the country directly or through representative bodies.

3. The presence of a multi-party system. Competitive, fair and free elections in which all citizens participate. At the same time, the same people should not for a long time be in power.

4. Recognition and guarantees fundamental rights person. For this purpose special legal institutes, preventing lawlessness.

5. Political freedom and equality of citizens before the courts.

6. Availability of self-government systems.

7. Mutual responsibility of the citizen and the state.

1. Pluralism in all spheres of public life. In economics, it is embodied in the presence of various forms of ownership and economic activity. In politics, pluralism manifests itself through a multi-party system, and in the field of ideology - through the free expression of thoughts, concepts and ideas.

2. Freedom of speech. This principle includes transparency of the activities of all political subjects. All this must be ensured by freedom of the media.

3. A democratic state presupposes the subordination of the minority to the majority when making any decisions.

4. Selectivity of state and local authorities.

5. Guarantees of the rights of national minorities, prevention of discrimination on any basis.

6. Existence and free functioning of the political opposition.

7. Power in a democratic state must necessarily be divided (legislative, executive and judicial).

What is the rule of law?

For the first time, R. von Mohl was able to analyze and justify this concept from a legal point of view. He determined that a democratic rule of law state is based on enshrining in the constitution the rights and freedoms of citizens and ensuring their protection by law and court. It should be noted that initially not all scientists recognized the reality and possibility of implementing this concept. Until now, some researchers have noted the weakness of the foundations for this form of statehood, in particular in the post-Soviet space.

This concept is characterized by the recognition of the supremacy of law over power. It is recognized that:

1) priority of the individual and society over the state;
2) the reality of the rights and freedoms of every citizen;
3) mutual responsibility states and individuals;
4) independence and authority of the court;
5) the connection of power with law.

What is a welfare state?

In the history of the formation of the concept of a social state, three main stages can be distinguished. The first is characterized by the adoption in various countries of political decisions that paved the way for its formation. At this stage, in the works of Prance and Shershenevich, the concept of “democratic welfare state" Its definition was formulated by Heller in the 20th century. Moreover, at this time in the region domestic policy the state begins to highlight the social.

The second stage is the beginning-middle of the 20th century. This period is characterized by the emergence of two traditions of affirmation social model states. The first as a collective concept was implemented in Germany, the second as fundamental principle constitutional system - in France, Spain.

The third stage - formation social law. At this time they appear special documents regulating relations in this area.

Signs of a welfare state

1. A democratic state with a developed civil society. Availability of an effective legal system.

2. Availability legal basis. She performs in uniform social legislation, which meets the principles of justice and quickly responds to changes in society.

3. Having a balanced economic basis. It appears in the form of a developed socially oriented market economy.

4. The state takes care of the protection of fundamental civil rights.

5. Warranties social security population of the country. At the same time, citizens, thanks to their activity, provide themselves required level financial situation.

Monarchy. On political map There are several states in the world with this form of government. These are constitutional (parliamentary) monarchies: Great Britain, Belgium, Spain, Norway, Japan and Sweden. They are democratic states. The power of the monarch in these countries is significantly limited, and parliaments deal with the main issues of public life.

Republic. There are several types of states with this form of government.

Parliamentary republic characterized by the priority of the highest legislature. Among such countries are Germany, Greece, Italy. The government in these states is formed by parliament and is responsible only to it.

IN presidential republic the head of state is elected by the people. He himself forms the government with the consent of parliament.

Implementation of the principles of a democratic state using the example of Russia

Russia is a democratic state. This is stated in the country's Constitution. Representative democracy in Russia is ensured by elections State Duma and legally determined by the formation of the Federation Council. In addition, the country implements such a feature of a democratic state as guarantees and recognition of fundamental human rights and freedoms.

Russia by its structure is a constitutional and legal federation. This means that individual parts of the country (territory) have a certain independence. The subjects of such a federation have equal rights.

Russia is a democratic state that provides guarantees of human rights and freedoms, implements the principle of ideological and political diversity, etc.

Question a la theorist and discussion.

Let's figure it out first what is the rule of law.

Its first fundamental feature follows from the name - i.e. in such a state there is the rule of law. All processes in the state take place on the basis of the law, and the law “binds” the state itself (it cannot go beyond its framework).

The second sign is the inviolability, guarantee and reality of human rights and freedoms (in other words, the rights and freedoms of man and citizen are recognized and protected, and all people are equal before the law).

The third feature is the mutual responsibility of the individual and the state (both the individual and the state bear in relation to each other mutual rights and responsibilities).

And the last one is very important sign- the principle of separation of powers into legislative, executive and judicial. Without observing this principle, the state cannot be legal.

Now let's move on to a democratic state. I will not delve into the theory and highlight the types of democratic regimes, but will only highlight the main features of a real democratic state:

1) Democracy, i.e. recognition of the people as the only source of state power;

2) Personal freedom in economic sphere, i.e. freedom of enterprise and recognition of private property;

3) Real guarantee of human and civil rights and freedoms;

4) Exercise of state power based on the principle of separation of powers;

5) Election and turnover of government bodies;

6) Decentralization of government power (i.e. separation of powers);

7) Availability of mechanisms ensuring real opportunity participation of citizens in the formation, activities of state bodies and control over them;

8) Taking into account the interests and opinions of the minority, using the coordination method when making decisions;

9) Political pluralism, i.e. the absence of a single, universally binding official ideology; multi-party system, freedom of opinion, belief, presence of legal opposition.

In other words, it is clear that the characteristics of a rule of law state and a democratic state correspond to each other.

In a democratic state, the people rule for the people, they make laws (directly or through representatives); government is divided into three branches; there are mechanisms real participation citizens in government, etc.

On what basis do all these processes occur? Based legal law. The rule of law is a fundamental feature of the rule of law, and, in my opinion, democracy in illegal state it can not be. Violation of any of the principles of the rule of law can lead to the usurpation of power by one subject (person or any authority), to arbitrariness, to lawlessness, to violation of human rights. Under such circumstances there can be no real democracy.