OF THE ANALYSIS OF METHDOLOGICAL PROBLEMS OF CORRELATION OF STATE AND LAW
The state and law have public bases, revealed in protection of interests and freedoms of the corresponding social layers. Consequently, there should be no contradictions between them.given statement is equitable though problems of correlation of state and law, thereby, are not exhausted. First of all, it is necessary to clarify essential features of the legal state as one of the most actual problems of modern time. If the state and law are united then G. Kelzen was mistaken when considered that any state should be legal. Could such position be deprived of logic? If it is so, then why for the jurist the state is not identified with the law and not each state is recognized legal [1]? legal state law social answer the given questions it is necessary to address to the social philosophy and historical experience. It is well known, that there existed and exist states, in which the society is managed with half-lawful or half-administrative methods. The norms created in them, were practically ignored, there acted only commands, orders, directives. At the directive method there always emerged instability in the society, and therefore the additional facilities were necessary, as well as there was realized supervision over all and over everything (it was necessary to have a rather great number of police, and it is even necessary to remind the statement of the Russian emperor Peter the Great: Police is the soul of the state and of all good orders, it is the fundamental bases of human safety and comfort ). the XVIII century in Europe there existed two types of the police state feudal (totality incredible); autocratic-serf (for example - the Russian empire) .in these police states the law was not cancelled completely. A part of norms acted and was protected by means of enforcement. I. Kant has exactly characterized such ruling as the state arbitrariness .a number of states in the 20th century such status was firmly established and deepened (for instance, the USSR), and in separate events still prevails the propaganda (Cuba, Korea). Here prevails the propaganda of ideology, legal norms have the declarative nature but in separate events functions of the law are realized basically by political decisions, party directives, department orders, instructions of official or party staff). The reality of contradictions between the state and law comes out their essential qualities (observance or non-observance by the state of the created law) .are the common rights in the society, divided into social layers? Provision of order (that is making the ambience, in which there dominates peace, consent, well-being). By the way, the similar ideas were offered by the classicists of Marxism in 19th century. They also considered that the state and law create the order, provide the consent, peace, and do not allow the class struggle to blast the society. Obviously, the whole history of the society (except the primitive) - is the struggle of the classes, and it is connected with the history of carrying out economic activity; otherwise there would have been neither classes, nor their struggle.F. Engels forewarned: that in order they did not devour each other, there should be the force, which stands over the society and restrains it within the framework of order [2] .essence of the state is not identical to the essence of the law. According to V.I. Lenin, the essence of the state is the separation of people, who control others, using the device of enforcement [3]. It completely responds to the definition of K.Marx, according to which officials, army, administration, judges are the management machine, creating its own organism separated from the society [4]. Yes, the state is the existing in the society social organism with its structure, statutory base, and professional structure, and interest, monopoly on the power, special professional ethics, legal conscience, specific thinking and psychology. Origin and existence of the state are conditioned: a) labor; b) separation of the people, whose profession is management and enforcement. These persons exist on account of taxes, received from the members of the society. The power of such persons spreads within the territory, limited by other states (mountains, deserts, epidemic deaths) .state is the centralized hierarchy of officials, the mechanism of enforcement and management, the power, possessing the right of passing compulsory decisions and realizing them. Here it is necessary to recall the thesis expressed by VI Lenin: the state is the mechanism of management, which stands out from the human society [5]., Such interpretation has not found motivation and development in the domestic publications and, finally, the scientific workers, follower...
