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





ials are distinguished on their place in the state hierarchy, range, volume of authorities.

. amp; The legal norms concern abstract most general public relations. amp; State officials see the life in its whole variety and estimate public relations and situations, coming from corresponding party, personal sympathy or antipathy.

. amp; The legal norms are the specific model of public relations, supposed to be ordered and changed. amp; Officials sometimes try to leave the limits of these frames, to make relations not according to the model (but coming from their own understanding, life experience, corresponding interests, and motives).

. amp; The legal norms are valued according to their legal force, accuracy of formulations, efficiency, and fairness. amp; State bodies and officials according to the volume of authorities, discipline, competence, degree of honesty and other moral, personal and business features.

. amp; A number of legal norms can not be realized without the decision made by the state body or an official unless there are examined the circumstances of the case having legal value and corresponding proves. amp; Some officials try to perform their own duties more simply and faster, than it is determined in the law, to make decision without complex legal procedures, without examination of all circumstance and proofs.

. amp; The norm of the law is the sample of the decision of the case. amp; Persons authorized to pass the norms of the law are not always principle, responsible.

. amp; The legal facts generate legal relations. amp; Duty of the officials is recognition of the legal fact.

. amp; In the law there are sometimes non-acting rates which interfere examination and application of the law. amp; In the state hierarchy there are unnecessary positions, a number of privileges, privilege, and imperious authorities.correlation of essential features of the law and the state gives first of all possibility to determine deeper and concretely relations and oppositions of two social regulators, which can not dispense without each other.for these contradictions, there are such, which are conditioned by individual, subjective features of public figures. Such contradiction between the government and the people, society and state, were specifies by the well-known thinkers, in particular, by K. Markx who noted: The society creates the bodies for protection of its own interests from internal and external aggressors. This body is the state power. As soon as such state body appears, it gains independence before the society [9] .opposition between the state and society sometimes greatly influences the contents of the law, and its realization. Obviously, the state and society are not enemies. But their interests are not identical, but sometimes opposite. For instance, it is much easier for state to provide the struggle with offenses and guard of social order.the other hand, dignity and freedom of a person in the civil society will be on the proper level if citizens are not covered with surplus taxes, will be free from military service, excise and customs restrictions.normal, comparatively calm periods of the social development these and other contradictions are discussed in representative institutions.contradictions between the state and society during the crisis periods, especially when authorities are the persons, who try to use the state for their own purposes.we see, the state of law and order and legality in any country depends not only on the quality of the statutory-legal system and requirements of the supreme state power, but also on relations to the law of the state officials.of the most complex problems of the legal regulation is the correlation of the legal norm and individual instructions (order) of a person, allocated with authorities.Order (instruction on the concrete case, event) differs from the norm as it must be executed (the order is executed). The norm unlike the order, acts till it is cancelled in the established order. On a number of features the order is similar to the norm of the law: order is the command of the state (the agent authorities), which prefixes the proper behavior. The order entails using sanctions. A number of legal norms are impossible to realize without acts on application of the law, passed by the authorized state bodies and officials (assignment to the position, accountment of the pension, all court decisions and so on) .of application of the law or individual acts (orders, decisions) depend on subjective features of agents of authorities, and therefore can not contradict on their contents to norm of the law or to make exception on it.the legal states there always exists legal and organizing guaranties to not to allow such contradictions and exceptions.shoul...


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