Institutes state power- these are social formations associated with the exercise of power and management of society. The institutions of state power in modern society include parliament, the government, the head of state (the institution of the presidency), the court system, as well as local government and self-government bodies.
Parliament is the highest representative and legislative body of state power and administration, formed, as a rule, on an elective basis.
Direct implementation of legal norms adopted by parliament is carried out by institutions executive power- government.
In the system of executive power institutions, the role of local government and self-government bodies is high.
The exclusive right to administer justice belongs to the institutions of the judiciary - a system of courts, including general and special courts. The institutions of state power are unified system, have various powers and have an independent field of activity. They closely cooperate with each other in order to effectively implement the tasks facing the state.
Power is a defining element (attribute) of the state. The state makes its decrees binding on the entire population. These orders are expressed in the form of legal norms (laws) adopted by authorized state bodies. It is through the legislative bodies of the state that the ruling political group conveys its will to the governed. The obligatory observance of legal norms by the population is ensured by the activities of executive and administrative government bodies, courts, other legal institutions, as well as special apparatus coercion. The latter consists of detachments of people deliberately organized for this purpose and having the appropriate material resources.
As you can see, the mechanism for organizing state power is institutional in nature, that is, the power of the ruling political group is exercised through a set of special bodies and institutions. The system of such institutions in political and legal science is usually called bodies of state power and administration. The structure of this system is extremely complex. Its main elements are the institutions of the legislative, executive and judicial branches of government, which have different designs and names in different countries. Important place The structure of the executive power includes bodies for the protection of public order and state security, as well as the armed forces. Through these bodies, the state's monopoly right to use coercive measures is ensured.
Due to its manifestation in the form of organizational institutions subject to established rules and norms of activity, state power in each country has specific certainty and relative stability. This means that the appearance of a particular state is determined not so much by specific policies as by the peculiarities of the structure and functioning of its power institutions.
Finally, the state is a sovereign organization of power, i.e. state power on the territory of the country acts as the highest power, and in the world community - as an independent, independent power. This means that state power is legally superior to the power of any other institution located on the territory of a given country. In international relations, the sovereignty of a state is expressed in the fact that its authorities are not legally obliged to carry out orders or commands of other states.
In the Russian Federation, the state power is exercised by:
1. President of the Russian Federation - The role of the president in parliamentary republics comes down to coordinating the actions of the three branches of government; he performs the functions of the head of the state. (Italy: formally the president has great powers, but in fact, in accordance with the constitution, no act of the president of the republic is valid unless it is counter-authorized by the ministers who proposed it, who are responsible for this act. Acts having the force of law are counter- are also allocated by a representative of the Council of Ministers. Counter-signature - signature of the minister).
In a presidential republic, the president is not only the head of state, but also the executive head. authorities (USA: the US president is not accountable to any bodies in his activities, the cabinet consists of ministers appointed by the president, they are accountable to him).
In Russia, the institution of president was introduced in March 1991. The legal status of the president of the Russian Federation is the head of state. The President of the Russian Federation is not directly included in any of the branches of government; his role is defined. track.:
Guarantor of the Russian Federation Consciousness;
Guarantor of human and civil rights and freedoms;
State guarantor integrity, independence and sovereignty of the Russian Federation;
Coordinator of activities of state government structures;
Representative of the Russian Federation within the country and internationally. relationships.
2. Federal. assembly - parliament of the Russian Federation - Feder. the meeting will present. and legislator. organ of the Russian Federation. Feder. The assembly is a bicameral body. It is believed that the two-fingered structure is reflective. federate. RF device. The Federation Council includes 2 representatives from each subject (1 - executive power, 1 - representative power). Maksim. Number of senators: number of subjects *2.
Basic F-tion Federal. meetings: the function of legislation, here the main role is played by the state. thought. A draft law is submitted to it, it undergoes readings, and it is adopted. state Duma, then the Federation Council.
3. Government of the Russian Federation - Representative of the executive branch, appearing collegial body. In comp. rights include the heads of ministries and center departments. In different In countries, the law is called: Council of Ministers, Cabinet of Ministers, Federal. government... The status and role of government depends on the form of government. The order of government formation also depends on the form of government: parliamentary and extra-parliamentary. Parlam. way used in countries with a parliamentary form of government. In this In this case, the government is formed by that watered. party, cat has a majority of seats in parliament. The traditional way of forming rights is concluded in: 1. Head of state. appoints the head of government (president, queen...), 2. The head of government forms the composition of the government and submits it to parliament for approval.
4. Courts of the Russian Federation -Judicial branch- this is the right, opportunity and ability of specialists. created by state institutions - courts influence the behavior of people and social. processes specifically defined by legal. measures established laws. 1.Only the courts can exercise judicial power. 2. These state establishment beings inherent. only they have a method of action, namely judicial proceedings in the adoption of a generally binding court. solutions. 3. Courts use specifically defined means of punishment, fixed in law. F-ii court. authorities: 1. Justice, 2. Limitation and control over government activities. bodies for the execution of laws (restraint, balance of 2 other branches of government), 3. Interpretation of legal norms. The form of interpretation of law is the decision. constitutional court, the guiding clarification of the supreme court, as a rule, take the form of a resolution and are binding. 4. Official certification of facts of legal significance (only a court can declare a person dead who has been absent for a long time).
Institutions of state power are social entities associated with the exercise of power and management of society. The institutions of state power in modern society include parliament, the government, the head of state (the institution of the presidency), the court system, as well as local government and self-government bodies.
Parliament is the highest representative and legislative body of state power and administration, formed, as a rule, on an elective basis.
Direct implementation of legal norms adopted by parliament is carried out by executive institutions - the government.
In the system of executive power institutions, the role of local government and self-government bodies is high.
The exclusive right to administer justice belongs to the institutions of the judiciary - a system of courts, including general and special courts. The institutions of state power constitute a single system, have various powers and have an independent sphere of activity. They closely cooperate with each other in order to effectively implement the tasks facing the state.
Power is a defining element (attribute) of the state. The state makes its decrees binding on the entire population. These orders are expressed in the form of legal norms (laws) adopted by authorized state bodies. It is through the legislative bodies of the state that the ruling political group conveys its will to the governed. The obligation of the population to comply with legal norms is ensured by the activities of executive and administrative government bodies, courts, other legal institutions, as well as a special enforcement apparatus. The latter consists of detachments of people deliberately organized for this purpose and having the appropriate material resources.
As you can see, the mechanism for organizing state power is institutional in nature, that is, the power of the ruling political group is exercised through a set of special bodies and institutions. The system of such institutions in political and legal science is usually called bodies of state power and administration. The structure of this system is extremely complex. Its main elements are the institutions of the legislative, executive and judicial branches of government, which have different designs and names in different countries. An important place in the structure of executive power is occupied by public order and state security agencies, as well as the armed forces. Through these bodies, the state's monopoly right to use coercive measures is ensured.
Due to its manifestation in the form of organizational institutions subject to established rules and norms of activity, state power in each country has a specific certainty and relative stability. This means that the appearance of a particular state is determined not so much by specific policies as by the peculiarities of the structure and functioning of its power institutions.
Finally, the state is a sovereign organization of power, i.e. state power on the territory of the country acts as the highest power, and in the world community - as an independent, independent power. This means that state power is legally superior to the power of any other institution located on the territory of a given country. In international relations, the sovereignty of a state is expressed in the fact that its authorities are not legally obliged to carry out orders or commands of other states.
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More on topic 28. Institutions of state power:
- a) The relationship between state power and social power; state power and political power
- 2. The main features of the state executive power; its place in the system of separation of powers. The relationship between executive power and public administration.
- 13. SYSTEM OF PUBLIC AUTHORITY IN THE RF: CONCEPT, TYPES OF GOVERNMENT BODIES, PRINCIPLES OF SEPARATION OF POWERS
In Russian federation
The nature of power
Approaches to understanding the essence of power Sources, resources of power Political power and state power: the relationship of concepts Evolution of public power Principles of organization of state power in modern times democratic society
When everything is going well in a country, we think little about the extent to which this is related to power. But in times of adversity, society is overwhelmed by anxiety. Some are convinced that all troubles come from power as such and let there be less of it, while others consider strong authoritarian power to be the norm.
Instead of extreme mutually exclusive judgments, it is necessary to thoughtfully understand what power is in general, and political and state power in particular, what is the objective role of state power in society and who exercises it in Russia.
What is power in general, what is its nature, the essence of the phenomenon - these questions, obviously, have not been fully clarified. The essence of power can be represented by the formula: A has power over B if A determines the behavior of B. But why A has power over B is the question.
Attempts to study the phenomenon of power have been made throughout the history of human civilization. Among the outstanding minds of mankind who dealt with the problems of power are Plato, Aristotle, T. Hobbes and J. Locke, N. Machiavelli and C. Montesquieu and many other scientists. In the Bible alone, the term “authority” is used more than 160 times. From ancient times to modern times, the main problem for scientists and politicians was the question: who should govern society, for power is the basis of governing influence. Plato's answer was simple and naive: “the best” should rule. In the Middle Ages, the answer to this question was: God rules through his legal representatives on Earth. The Reformation and the English Revolution proclaimed the divine right of the people to rule. The irony of history was that already during the revolution itself, this “right of the people” was used to establish the dictatorship of Oliver Cromwell. Within the framework of the Marxist approach, a “class” answer was proposed: the class that produces the basic material goods, must organize its power and distribution of benefits. The absolutization of the class approach has led to absurdity, such as: every cook can learn to rule the country. The collapse of Soviet statehood was accompanied by the discrediting of power in general. Now the time has come, in the language of the Bible, to collect (and not just scatter) stones, i.e. calmly reason, analyze the essence of power, the exercise of power.
When analyzing numerous interpretations, two can be noted methodological approach. The first is an attempt to present power as an independent entity, given to a person(or an entire nation) by God, nature - it either exists or it does not, and depending on this, a person behaves accordingly from childhood (equally, entire nations are characterized as militant or peace-loving). Based on this approach, the theories of behaviorism and social Darwinism arose.
Another approach is an attempt to explain the nature of power through the dichotomy: “subject - object”, i.e. as a system social relations, asymmetrical in nature, where one of the participants - the bearer of power has the ability to influence the other - the object of power (Fig. 8.1).
Rice. 8.1. Approaches to understanding the nature of power
Regardless of which of the two approaches the reader shares, it is necessary, when comprehending the nature of public power, to see two interrelated sides of the issue:
a) the source of power, or rather the primary source, the beginning - to understand where and why it comes from;
b) resources of power as a process - explain what constitutes the supporting parts on which power is built, maintained and implemented. Becoming power and being it are not the same thing. Sources of power can turn into its resources, like a spring into a lake; or they can dry up - and then the power decreases, shrinks, like “shagreen skin.”
Let us highlight the groups of the most recognized sources and resources of power.
Sources of power. Traditions, myths that sanctify the bearer of power (the king is God’s deputy on earth, the sovereign father). Traditions public consciousness and existence can feed and support the supreme power for a long time (like, say, the Romanov dynasty in Russia for more than 300 years), but modern myths, especially those “launched” from above (say, about the indispensability of a particular leader, president), turn out, as a rule, to be unreliable resource. “You can deceive the people, but a short time“You can deceive part of the people for a long time, but it is impossible to deceive all the people for a long time” (A. Lincoln).
Authority, prestige, charisma (Greek charisma - divine gift, grace), i.e. exceptional personal qualities of the ruler, political leader. This source is also unreliable, because it is transitory. There may be a separation of authority from state power without any change in state system, at full preservation formal government power. This is the situation when the carrier supreme power has the right to order and issue decrees, but his orders and decrees have no force; they can arise in any state, regardless of the type, nature of the state and regime (law without force).
Often the sources and resources of power are interpreted through the category of force, i.e. physical, economic, military power. Real life, however, suggests that there is not always a direct connection between power and strength. Force does not guarantee the process of domination, because while the object resists and does not obey, it is not subject, but opposing side, and there is no power, but there is a struggle for power. Today there is no point in replicating the idea of domination (the authority of force) as a source and reserve of state power.
The nature of power is often defined through the category of will, i.e. through the effective consciousness of subjects (carriers political will), striving to master reality, subjugate objective existence, and actively shape the life of society. The volitional interpretation is essentially complementary to the understanding of power as a manifestation of force (power as willpower).
The volitional interpretation united many seemingly irreconcilable concepts, which differ only in that they designate the subject differently. In one case, this is the will of the ruler, the state as such (positivist theory); in the other - the will of the ruler ethnic minority(the theory of social Darwinism by L. Gumplowicz), in the third - the will of the economically dominant class (the theory of scientific communism by K. Marx), in the fourth - the will revolutionary class(the doctrine of the dictatorship of the proletariat by V. Lenin), in the fifth - the will of the people (the theory of popular sovereignty of J. J. Rousseau), etc.
The concept of “the will of the people,” widely used in the modern political and legal sphere, essentially implies the opinion of the majority, revealed through voting. The majority are classified as: absolute (50% + 1 vote of the number of voters), relative (more “for” than “against”) and qualified, i.e. established (by a legal act, say, 2/3 or 3/4 of the votes).
So, correcting the volitional interpretation, we recognize the will of the necessary majority of citizens who have made their rational, legal (legitimate) choice as the source and most important resource of public power. The mechanism for identifying the will of the majority is referendums on the most important state issues, democratic elections representative branch of government, state political officials.
Rational choice the majority, respectively representing the united strength and will, is the source of power that gives it the right to become and be in the most concentrated, truly expressed state form.
Sources of origin allow us to distinguish between power as traditional, charismatic and rational-legal.
Power resources. To understand the nature of power, the question of power resources is important. Resources are a set of methods and means, the use of which provides, maintains and implements power. According to the definition of the modern American political scientist M. Roger, a resource is “an attribute, circumstance or benefit, the possession of which increases the ability of its owner to influence other individuals”1. The arsenal of power resources may include: coercion, violence, persuasion, encouragement, law, traditions, fear, myths and other methods and means of influence; economic, financial, human, informational, ideological resources; natural and acquired resources - all objectively existing and subjective factors that determine the possibility and ability to rule, to exert a controlling influence on society, social processes and relationships.
The arsenal of the most important resources of public power includes law, which provides the opportunity for normative and regulatory control influence; knowledge, competence that determines the ability of persons vested with relevant authority; such methods and means of influence as reward and punishment, stimulation and coercion, fear and persuasion, etc.
It should only be emphasized that a democratic rule of law state is incompatible with the use of coercion and violence as key resources of political power. Moreover, it can and should be said that political power really ends where violence begins.
In political power and state power, there is the following relationship of concepts (Fig. 8.2).
Rice. 8.2. Elements of power
In the literature, these concepts are sometimes identified and the question requires clarification.
Of course, these concepts are very close, because both political power and state power are socially necessary, socially significant, both are public authority. However, the concepts are not identical. State power is exercised on a state scale, extending to the entire territory, all regions of the country, to the entire population living and staying in the state (with the exception of employees of the diplomatic corps of foreign states). Political power may not coincide in scale of influence with state power, since it is carried out within the state within the framework of any party, other public organization, as well as outside the state within international organizations. And state power manifests itself not only as political, but also administrative, administrative, and judicial. In addition, state power has characteristics unique to it.
The features that distinguish state power are the following:
Official character, regulated by the Constitution and laws;
The structure of the power apparatus, i.e. the presence of specially created and interacting institutions of power;
The generally binding nature of its decisions;
Availability of the right to legitimate coercion and use of intelligence services;
The ability to cancel regulations and decisions of non-state political organizations;
Possession of a number of exclusive rights, for example, the legal withdrawal of part of the income of citizens and organizations through taxation.
State power, being social and public in its essence, has gone through a complex development path together with society, taking on various forms. During its inception (prehistory) it was anonymous, dispersed among members of the clan and tribe, manifested itself in a set of beliefs and customs, regulating human behavior. Later took the form personalized(individualized, personal) power of leaders, elders, kings, emperors, and finally - institutionalized, with reliance on government institutions.
The institution of power as a concept means education, institution:
Not something that arose naturally, but something specially created by people;
To satisfy general (public) needs and interests;
Based on official political (public) legal decisions, regulations;
Having the ability to exert power and control influence on society, individual social groups, relationships and processes. So, public power, separated from society, receives expression in a network of specially established state bodies.
It is important to emphasize that state power and bodies (institutions) of state power are not the same thing, not synonyms. Authorities and officials use (do not own) a certain amount of power, putting it into circulation.
So, state power is:
1) the right, opportunity and ability of the state (through state bodies and officials) to influence the destinies, relationships and activities of people through various means and methods;
2) the system of relevant institutions and government bodies that make government decisions;
3) persons vested with appropriate authority.
To understand the place and role of state power in modern society, it is advisable to highlight its essential features.
1. State power is an objective necessity; it is a product of the internal development of society, when, in response to the need of people to solve generally significant matters, special institutions, bodies and a layer of professional managers appeared. Yes, subjects of state power at a certain stage monopolized the right to establish generally binding rules, norms of behavior, the legal use of violence and began to determine what the common will and common good are, formulate the basic “rules of the game” for everyone, monitor their implementation, receiving disposal of appropriate resources and the ability to influence processes occurring in society. Realizing the constructive and negative role of state power in society, the search should be carried out not in terms of destruction, but in terms of rationalization and optimization of government bodies, increasing the efficiency of management of the activities of government bodies and officials.
2. State power is not just a necessary reality, but a value, a natural-historical achievement of the human community. In relation to practical implementation, this is a rational resolution, regulation of contradictions or discrepancies between the people (universal), their in separate parts(corporate, group) and a specific person (individual). Society can lose more from anarchy, statelessness, than from the state, the state apparatus. Of course, anti-people actions by the authorities cannot be justified on this basis; it is necessary to recognize the people’s right to change public policy, power structures. But when people begin to realize this right, it is appropriate to talk about a crisis of state power, its depreciation.
3. State power has supremacy. It means that:
a) all other power forces in society act within the framework of laws adopted and controlled by the state government;
b) it is designed to ensure a single political and legal space on the territory of Russia, the supreme legal force of the Constitution of the Russian Federation and federal laws anywhere in the country and for all citizens, legal entities; a single economic space with equal opportunities for all citizens for economic activity, entrepreneurship, a unified state monetary system; common information space: common standards, network, public language, etc.;
c) it must support local authorities, bodies of self-government, because both state and municipal authorities - both have a single social foundation - the people, and will exist as long as they are supported by the people.
4. State power has the legitimate right to use coercive measures. No society is immune from excesses of violation of laws and order. Therefore, the state, through its bodies and officials, has the right to use legal and forceful means to ensure the effectiveness of the rights and obligations of participants in public relations,
So, state power as a whole, and not any of its branches, has supremacy in society, is based on opportunity, unlike other types social power, public coercion using special legal means.
State power in institutional terms- is a system of structures, bodies, institutions that implement the functions of the state.
State power in procedural expression - this is a purposeful management activity (controlling influence) of all state bodies to streamline, organize public life, ensuring stability and development of society in strict accordance with the constitution.
State power in sociological In other words, it is a system of targeted interaction between the state apparatus and social forces and citizens in the implementation of state functions.
The principles (basics) of the organization of power in a democratic state governed by the rule of law come down to the following.
1. In legal and political practice ideas about a democratic rule of law state are inseparable from the principle separation of powers.
I would like to immediately warn about the danger of a simplified and dogmatic interpretation of this principle as a mechanical division of state power into three branches: legislative, executive, judicial.
The meaning of the idea of separation of powers is to prevent the abuse of power, its monopolization, and concentration. The content of the principle of separation of powers in different eras and was interpreted ambiguously by different thinkers.
In Aristotle's works on government we find many of the principles of political organization of modern constitutional state, including the principle of restraining authorities. Speaking about state tasks, Aristotle divides them into “consultative”, “administrative” and “legal”. He reflects on a “mixed government system,” which involves combining elements of various government forms in order to involve general issues if possible, all socially significant groups of society.
The idea of a “mixed state system” was also shared by Western European political theorists of the 18th century. Montesquieu, in his famous “On the Spirit of Laws” (1743), describing the English state structure, contrasted the despotic rule of absolutism with a concept of state structure based on the idea of human dignity and freedom, where freedom primarily presupposes “limited government.”
Project limited government Montesquieu did not envision a system of strict separation of branches of government, but rather how they intersected and interacted with each other. But he placed greater emphasis on the necessary participation in government power of all major social groups.
J. Locke also did not advocate the division of state power into three branches, but sought to balance power between the king, the nobility and the people, he believed that the legislative power should be concentrated in the bourgeoisie, parliament, the executive power - in the courts and the army, and the supreme power - left to the monarchs, who, however, they can also participate in the legislative branch and have additional powers in the field foreign policy.
Creators American constitution faced the same problem: how, through a differentiated system of checks and balances, to soften the contradictions between the majority and the minority, to attract, if possible, all social groups of the population to participate in government affairs. American legislators built their concept based not on the separation of powers from each other; on the contrary, according to the American Constitution, no body performs exclusively the function that is assigned to it, but all bodies participate in the performance of different functions: the president participates in legislative activities using veto rights, Congress participates in legal proceedings, etc. Control and limitation of power lies in common participation, in the totality of power. In addition, American legislators developed the federalist idea of vertical separation of powers.
Thus, the classics of the theory of separation of powers, even if they divided the branches of government according to their functions and associated this division with organizational and structural characteristics, their goal was not to outline clear lines of separation of powers, but rather to balance and restrain the powers , ensure social control over them. Just as it is impossible to unambiguously divide state tasks into legislative, executive and judicial, these tasks themselves cannot be solved only by the relevant bodies. The very principle of separation of powers is general scheme and can be implemented differently in different countries depending on the form of the state (government, political-territorial structure, regime).
The principle of separation of powers in the Russian Federation, as in most modern states, enshrined in the current Constitution of the Russian Federation (Article 10). The task is to ensure its implementation by creating at the legislative level a resultant system of checks and balances, so that no branch of government has an absolute preponderance, an effective mechanism of public control over all power structures, in order to avoid abuse and overconcentration of power.
So, the modern content of the separation of powers, the principle of organization and functioning of state power includes:
A clear distribution of functions, subjects of jurisdiction and powers of public authorities - legislative, executive, judicial, their structural divisions and officials, regulated by laws, decrees, resolutions, regulations and other legal acts.
Independence and autonomy in the operational activities of each branch of government, each body and official within the boundaries of law and competence.
Providing in the system of state power a mechanism for mutual balancing of all branches of power and control, containment.
The real involvement of public associations and organizations in the process of making political and managerial decisions and their implementation is guaranteed by the constitution, laws, and administrative legal acts.
Social (socio-civil) control over all branches of government, ensured by legal and organizational-structural mechanisms.
2. Other, no less significant principle organization and functioning of state power - its subordination to law, regulated by laws and legal relations.
Legal relations ensure organization and accuracy in power relations based on a clear definition of rights and responsibilities, competence and scope of authority, rules of behavior, etc. Only in this way can the moral and legal equality of all members of society, declared for decades, be realized, and power and law will take a normal relationship, where law is the goal, power is the means.
Lawmaking and law enforcement, as the most important components of state influence on society, must become a practice that is understandable, recognized, and accessible to a wide range of the population. And this requires certain conditions:
Elimination of contradictions in legislation;
It is important that legislators and law enforcers work together, professing a single concept social development, fundamental principles democracy and rule of law;
Meaningful respect for the legal requirements of all members of society.
The rule of law is ultimately the result of the entire mechanism of ensuring the rule of law by the forces of state power and civil society, but power plays a decisive role. The well-known formula seems cynical: society has the government it deserves. People go to power voluntarily, moreover, they strive, fight for it, those in power become political elite and therefore are obliged to represent examples of lawful behavior and actions.
3. If state power is organized and exercises its powers by virtue of (and on the basis of) legal norms, then another important principle follows - its impersonality. Russian society has yet to overcome a personalized attitude towards power and politics - a kind of traditionalism of political culture.
In a legal democratic state, not individuals, but legal norms should rule, general rules. Persons endowed with power are subject to these rules in the same way as those who do not have power; they are the executors of the regulations that are reflected in the constitution, laws and codes. Power for those in power is not so much their subjective right as their legal duty, and they must bear this duty as a public service.
The uniform of a policeman, the black robe of a judge force a person to obey. People dressed in this dress seem to be objectified, connected with public office, and not with a name, a face.
This impersonality and abstraction of power is a characteristic feature of modern legal states; it is reflected in the official terminology: “in the name of the law”, “in the name of the people”, “in the service of the law”, “in the service of the state”, used in international agreements, domestic political declarations, acts.
4. Among the fundamental principles of a legal democratic state, there is also such a principle of organizing state power as limitation, limiting influence on society, outlining the scale of government tasks and functions, the number of government structures and state apparatus.
The specific implementation of this principle depends on the state form and its correction, the prevailing ideas in society about the role of the state and civil society, and the maturity of the latter. World public administration practice has revealed the range of tasks and functions that are continuously and internally inherent, in other words, permanently and immanently form the core of the existence of the state and the activities of its employees.
The question of the number of organizational and structural units of state power, the scale of the state apparatus, its relationship with the quantitative parameters of society is one of those that has been poorly studied in the theory and practice of public administration and, undoubtedly, awaits the attention of domestic researchers.
5. The integrity of Russia, its parts, the unity of internal and external strategy is impossible without conceptual and structural integrity state power itself is another fundamental principle of the organization and functioning of the entire structure of state power. Our management pyramid has not yet been justified, not calculated, and after the next campaign to reduce the state apparatus, it is being revived in traditional ways: first, structural units, officials appear in them who define their own functions, then they impose goals and objectives on society, or the latter are not announced at all. As a result, carried out today by the authorities political course and the policies resulting from it (economic, social, regional, military, foreign, etc.) are devoid of long-term prospects, long-term and current actions are poorly linked in them, and development programs in various functional areas are poorly coordinated.
The functional commonality of federal government bodies and their varieties is determined by the fact that they collectively participate in the implementation of state functions. Of course, taking into account the specifics of the legislative, executive and judicial authorities, each of them participates in the performance of state functions to a certain extent and in its inherent forms. But it is precisely this participation of state bodies in the implementation of the tasks and functions of the state that is a system-forming factor that connects and unites into a single whole the totality of federal bodies of legislative, executive and judicial power. The system-forming factor is the organizational and legal principles of the activities of government bodies. Only joint interaction and interconnection ensure the consistency of state power and normal and effective state management influence. Of course, recognition of the totality of state bodies as a system does not mean the identity of the nature, specific functions and powers of the organizational structure of the bodies included in the main components of the system of state power and management.
6. The principle characterizing state power in a democratic state of law is its support in practical activities on universal modern social technologies developed by humanity.
Social technologies, when included in power, act as an intellectual resource, the use of which will make it possible to predict social results, predict social changes, promptly identify emerging social conflicts and contribute to their resolution.
The basis for technological improvement of state power is science, its products - programs, projects, technological developments, expert assessments, etc. The inclusion of science in the mechanism of functioning of power, independent examination is a necessary component of the process of ensuring the conceptuality and feasibility of measures in relation to regions, national-territorial and municipal self-governing entities, information and analytical study of the situation in society. More than ever before, the authorities in Russia and all bodies need a general understanding of their actions, scientific support and the correct use of innovative potential. Spontaneous measures taken by the authorities are futile, cause rejection in society, and lead to destabilization of the management system in the country as a whole.
7. A concentrated expression of all these principles of organization and administration of state power, a kind of beginning, condition and criterion for the viability of power is principle of legitimacy which is unlawful to identify only with the legality (legos) of the origin of power, election, and occupation of a position on the basis of law. There are no words - this is a very essential component of legitimacy. However for modern man the legal origin of power cannot serve as a permanent argument in its favor. Power must justify itself, be necessary, and authoritative. Two aspects determine the real significance in society and the state of state power: the first is the extent to which power embodies the general needs and interests of citizens, the second is how it practically manages social processes, ensures the development and quality of life of society, a decent lifestyle for a citizen. Therefore, addressing the needs, interests, expectations of people, the desire, opportunity and ability to satisfy certain needs of a person, family, ethnic group, group of people, population are an essential feature, the resource basis of the legitimacy of power.
Consequently, legitimacy in its modern understanding is realized in the presence of three conditions:
1) the people form state power from their ranks;
2) the people recognize the government and voluntarily follow its regulations;
3) the people show readiness to defend their power if necessary.
Questions for self-control and reflection
1. Describe the essence, the nature of power as a social phenomenon.
2. What gives rise to power? Systematize your sources of power.
3. What allows power to exist in time and space? Name the resources of power.
4. What is the relationship between the concepts: political power And State power?
5. Describe the essential features of state power and the features that distinguish it from political power.
6. On what principles should power be organized in a democratic state governed by the rule of law?
Presidential Institute
Constitutional status of the head of state in republics with different forms of government Institute of the President in Russia
In the Russian Federation, state power is exercised by the President of the Russian Federation, Federal Assembly- Parliament of the Russian Federation, Government of the Russian Federation, courts of the Russian Federation.
Characterizing each of these institutions of power, it is necessary to comprehend their constitutionally established:
Status (lat. status - position), i.e. a socially significant place, a role in society, legally formalized and defining in the establishing legal act the competence, functions and powers of a given institution of power (official);
Competence (lat. ia - belonging by right, proportionality) - a range of competent issues, subjects of jurisdiction that a given institution of power (body, official) has the right and is able to resolve, a set of legally established functions and powers;
Functions (lat. functio - departure, activity), i.e. types of activities filled with specific content that a given institution of power (body, official) is called upon to carry out within the framework of its competence (meaningful activity in the process, in time and space);
Authority (I have the right and can), i.e. a set of rights and obligations implemented within the established competence in the implementation of specified functions; measure of proper behavior, radius of possible actions.
Presidential Institute how a form of government functions long term historical period- more than 200 years. The process of electing the president, his powers, relationships with legislative bodies, presidential terms and other features are not identical in different countries; they depend on political traditions, the balance of power between the president and other branches of government, between opposing political and class groupings, and other factors.
The history of the presidency, taken on a global scale, does not at all indicate that this is a criterion of democracy. There are many examples when openly dictatorial, totalitarian regimes were hidden under the shadow of the presidential form of government. And yet, presidential uniform authorities are usually associated with democratic institutions government controlled. The emergence of this institution in our state determines the growth of increased interest in this form of government.
The United States became the birthplace of the presidential institution. The first president was George Washington (1788-1797), the formation of an independent republic is associated with his name. It is known that Washington rejected the offer to become monarch. He argued his position by saying that all anti-American actions in London were in the name of the king, that the English king reigns, but does not rule, and the president must rule the country.
Over the course of its history, the institution of the president has clearly evolved in the direction of strengthening its role in the life of the country, but not in a smooth process, but with ups and downs, jerks and stagnation, experiencing dependence on real ratio forces in the country, economic conditions, international situation, an important personal factor.
The president is the head of state, an official (as opposed to the monarch), elected by citizens or parliament (or an electoral college with the participation of parliament) for a term established in the constitution (usually from 4 to 7 years).
The head of state is elected by citizens through direct or indirect elections in presidential and mixed forms of government.
The Constitution of the Republic of Belarus enshrines the fundamental ideas, values, principles and goals of a unitary democratic social state of law, various public associations, the main parameters of individual rights and freedoms and guarantees for their implementation, oriented towards international benchmarks and standards.
The Republic of Belarus has supremacy and full power on its territory, independently implementing 1 domestic and foreign policy.
The only source of state power and bearer of sovereignty in the Republic of Belarus is the people. He exercises power directly and through his representatives in government bodies (Constitution of the Republic of Belarus, Art. 3).
Republic of Belarus - Democratic state. Democracy in the republic is carried out on the basis of a variety of political institutions: the institution of parliamentarism, institutions of executive power, the institution of civil service (regulating the professional activities of people belonging to a special status group), the institution of the head of state, and judicial institutions. This is consistent with the principle separation of powers(Constitution of the Republic of Belarus, Art. 6). State power is distributed between three independent branches - legislative, executive and judicial. Government bodies within the limits of their powers, they are independent: they interact with each other, restrain each other ((Constitution of the Republic of Belarus, Art. 3).
The effectiveness of the functioning of the branches of government is achieved with the coordinating role of the Head of State. The political and ideological platform of their activities is the values of legal statehood and democracy.
The essence of the political and ideological orientation of the institutions of state power was expressed by the President of the Republic of Belarus A.G. Lukashenko: “The government cannot rise and dominate society, but on the contrary, it must be subordinate to society, controlled by it.” (Message from the President of the Republic of Belarus A.G. Lukashenko to the National Assembly of the Republic of Belarus. - Mn., 2001. - P. 35).
Political institutions also structure the field of political power relations. To ensure that public authorities do not go beyond their legal framework, do not penetrate into the area of someone else’s competence, and have the opportunity to mutually limit, balance, complement and control each other’s activities, the so-called mechanism of checks and balances. In the system of modern state political institutions, along with their specialization, the share of structures that control and monitor the activities of politicians has noticeably increased. These include judicial institutions. The judiciary is independent of the Head of State, Parliament, and Government and performs the function of monitoring the constitutionality of their normative acts.
Thus, the independence of authorities, the curbing of omnipotence, the prevention of abuse of power, the formation of equilibrium and balance of powers is ensured by their separation, the functioning of the mechanism of checks and balances and an independent judiciary.
Please note that the state regulates relations between different communities of people on the basis of the principles of equality before the law, respect for their rights and interests.
The most important political institutions societies are political parties and numerous public associations that help identify and express the political will of citizens, their social, national and other communities.
The president is the Head of State, he is the guarantor of the Constitution, the rights and freedoms of citizens, personifies the unity of the people, ensures the implementation of the main directions of domestic and foreign policy, represents the country abroad, is a symbol of the unity of the nation, the supreme arbiter in disputes, guarantees the national security and territorial integrity of the country.
The institution of the presidency is over 200 years old. On July 10, 1994, the first president of the Republic of Belarus was elected. The President of the Republic of Belarus is elected directly by the people for a 5-year term. The powers of the President depend on the form of relationship between the President and Parliament, the President and the Government, and the Parliament and the Government.
The President of the Republic, not being the head of the Government, is actually the head of the executive branch. He determines the structure of the Government, independently forms it, agreeing with Parliament only on the candidacy of the Prime Minister, dismisses ministers, presides over Government meetings, has the right to cancel Government acts, and forms local executive power.
The President of the Republic of Belarus is vested with significant powers in the field of legislative power. He has the right of legislative initiative, the right to sign laws, and return them to parliament for reconsideration. Powered to issue decrees having the force of law.
The powers of the President are quite broad in the judicial and legal sphere, formation judicial system. The President proposes for election or directly appoints and dismisses the chairmen and judges of the Supreme Court, the Supreme Economic Court, the Constitutional Court, the Prosecutor General, has the right of pardon, and carries out mediation (the function of an arbitrator) between government bodies.
The President is given broad powers in the implementation of foreign policy. He negotiates and signs international treaties, grants citizenship, political refuge, appoints and recalls diplomats, accepts credentials and letters of recall, and is the Commander-in-Chief of the Armed Forces. When military threat or in other emergency circumstances introduces military or state of emergency, full or partial mobilization. He has the right to announce a referendum, which is an important instrument of political influence.
The power of the President also depends on the length of his tenure in this post. The President of Belarus has the right to be re-elected to his post an unlimited number of times.
The procedure for the election and competence of the President, his release and removal are enshrined in Chapter 3 of Section IV of the Constitution of the Republic of Belarus (Articles 79-89).
IN individual countries, where authoritarian tendencies are very strong, a transformation of the presidential republic into the so-called super-presidential republic took place. In super-presidential republics (Bolivia, Colombia, Honduras), the president has ultimate control over all the highest powers of all branches of government and almost single-handedly decides many issues of public administration.
Legislature- this is a system of powers and representative bodies of state power that develop and adopt laws that have direct effect on the territory of the state.
Legislative power is embodied and concentrated in parliament. Parliament (from the French parler - to speak) is a legislative and representative body. It was first formed in England in 1265, which gave reason to consider the first parliament of the world to be the mother of all parliaments.
There are bi- and unicameral structure of parliament. The structural units of parliament are also commissions (permanent, temporary, specialized), elected by parliament from among its members to conduct legislative work, preliminary review other issues; party factions; ethnic, territorial and corporate representations (territorial associations, groups of deputies). Internal organs of the parliament are the chairman, his deputy, the Presidium, the Council, the Secretariat, the counting commission, etc.
Parliament sessions last throughout the year (with holidays). A significant place in the activities of the deputy corps is given to work in constituencies. Deputies receive salaries, i.e. are professional parliamentarians and enjoy immunity when exercising their powers.
The highest body of representative and legislative power in the Republic of Belarus: Parliament - National Assembly of the Republic of Belarus(since 1996) . Parliament consists of two chambers - the House of Representatives and the Council of the Republic.
The election of deputies of the House of Representatives (110 people) is carried out on the basis of universal, free, equal, direct suffrage by secret ballot in single-mandate electoral districts. The second chamber of parliament - the Council of the Republic - is a chamber of territorial representation, consists of 64 members, 56 of whom (8 people from each region and the city of Minsk) are elected by secret ballot at meetings of the basic level Councils; 8 parliamentarians are appointed by the President. The term of office of parliament is 4 years. The powers of the House of Representatives may be terminated early in the event of a gross violation of the Constitution and in case of refusal of confidence in the Government. Decisions on these issues are made by the President of the country.
A deputy of the House of Representatives exercises his powers in Parliament on professional basis, may simultaneously be a member of the Government. The House of Representatives elects a Chairman and a Deputy Chairman from among its members. The Council of the Republic also elects a Chairman and a Deputy Chairman from among its members. These leaders of the Parliament conduct meetings and are in charge of the internal regulations of the chambers. The House of Representatives has a Chamber Council and permanent commissions; temporary commissions and deputy groups can be created. The Council of the Chamber is a permanent body reporting to the House of Representatives. The Council of the Republic has a presidium and permanent (and temporary) commissions.
The legislative power represented by the Parliament is vested with the following main powers: lawmaking, examination of bills, adoption of laws; development of the main directions of development of society, determination of its structure and content political system; approval of the state budget and government report on its execution; implementation of foreign policy, ratification and denunciation international treaties, declaration of war and conclusion of peace; amnesty; participation in procedures for the appointment of key executive officials, constitutional and judicial oversight; legitimation of the President, the Government or their actions; control over the implementation of laws, the activities of officials and authorities.
In relation to parliament they apply various mechanisms checks and balances. In the Republic of Belarus, legislative power is limited by a referendum, the presidential right to return a law to Parliament for re-examination and voting, the President's right to dissolve Parliament, and the Constitutional Court. The Constitutional Court can give an opinion on the inconsistency of a law adopted by Parliament with the Constitution, after which it loses force. Internal limitations of legislative power are the bicameral structure of Parliament and the presence of regulations that determine strict adherence to the lawmaking procedure.
The powers of Parliament, the procedure for introducing and considering bills, adopting laws, the main forms of activity of the House of Representatives and the Council of the Republic are enshrined in Chapter 4 of Section GU of the Constitution of the Republic of Belarus (Articles 90-105).
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