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Реферат Aspects of the analysis of methdological problems of correlation of state and law





s of these ideologies exaggerated the social role of bureaucracy for the harm of class, patriotic approach to estimation of the state. It came from ideas of Dzhilas, Vaslenskiy and other foreign critics of the party-state nomenclature, which formed in administrative command system. The result is that instead of clarification of essence of the state, we have begun to study its forms, functions. It complicated mastering the theory of the state as a whole interfered objective determination of its place in the society, in the system of labor, in the social structure, in ideology of the society, in attitude to law. It is well known, that various points of view on essence of the state were formed even in antique times, and as a whole had very appreciable influence upon the European civilization, on formation of political-legal ideology.we analyze all types of the state , we shall certainly come to the conclusion that any state preserves the structure of the ideal state according to Platon., Platon has selected the objective bases of the state and reasoned about its ideal forms.has described the forms of ruling and showed them as types of the state [6]., rapt attention to the forms of the state (in counterweight of its essence) has brought about that there were studied mostly the structure and composition of the supreme authorities (of the republic - aristocracy and democracy, monarchy -limited, absolute and so on), and the forms of the state unity (unitary, federal, confederate state, special and real unions and so on), and later - the forms of political regimes, finally, under social-class approach - purposes , tendencies of development of the states., as a rule, we don t speak of what the state is but how it is made what its purposes are to whom it finally serves laquo ;. The description of quality of the state is complicated by the holistic-ideological orientation, which is quite often identified with the country, Motherland, Fatherland, the place of residence of the corresponding nations, is considered as good to civilization, embodiment of culture, and so on.we have a great number of definitions of the state (republican, monarchist, federal, totalitarian, unitary, democratic, legal, social, mundane, imperial, slave owning, police, public, democratic, multinational, transitional and etc). , none of them expresses the essence of the state. The essence does not express the wide-spread definition of the state as the political organization of the society laquo ;. Why? Since it is not the definition of the state, but totalitarian party, which tries to seize the power over the society according to its interest, ideology, and program.here follows enough doubtful idea of ??delimitation of the state authorities and political authorities laquo ;, which justifies the reduplication of the number of persons, allocated with the power, and reduction of their responsibility for the state of affairs of state control.civil society does not require that someone should organize and direct it. It is the self regulating system that should be protected, supported with the order, in which there should be developed the public structures, realizing social functions.state is not organization of the society, but organization in society, called to protect it. It is the centralized system of persons, allocated with imperious authority, the monopoly and right of the taking general decisions. It acts as wrought from society power.corporative interests of agents of authorities do not always coincide with the interests of the society and are not identical to them. But the society can not dispense without systems of public services, which exactly create the state although there existed societies (ancient totalitarian state of the 20th century), in which the state was considered as the purpose, in which the individual is subordinated as the facility. Let s recall the fascism; the main idea of ??its leaders was supremacy of the fascist state over the society, longing for the power (Mussolini, 1932). The fascist concept of the state is all-embracing: outside of it there exists neither a person, nor spiritual valuables. The state is the syntheses and association, excluding all values.fascism considers the state as the absolute hierarchical centralism, state discipline, monopoly on enforcement, publishing compulsory norms. It provides the state with the power, which prevails over any other form in the given society. And here is the reason of cult of the state. It is considered not as a part of the society, but as the superstructure over it, as a powerful essence, which has the proper name, majestic palaces, and signs, hymns, which praise the country, people, and supreme values ??of the person. Since it is connected with identification of the state with its supreme authoritiestempt of the state to get over the society is emerged by the problem of overcoming political estranging laquo ;, which has been considered b...


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