structures; isolations of it as relatively independent sphere of public life and at the same time isolation from state of some public relations (the law for all; the right to property; legislative recognizing of equality of people, as allocation of them with rights and duties is the main feature and basis of the civil society). The category civil society has become the subject of study in XVII - XIХ centuries. and was in detail considered in Gegel Philosophy of law laquo ;. The civil society is the relation of persons through the system of needs and division of labor, justice (legal fundamentals and law and order), external order (police and corporation). In philosophy of law legal essence of the civil society is equality of the people as subject of the law, their legal freedom, intellectual legal property, impeccability of agreements, protection of rights from their infringement, ruled legislation, authoritative court (Gegel considered modern to him bourgeois society the civil society) [1]. It was undoubtly, breakout in development of public sciences.study of the civil society was also made by sociology, politology, theory of state and law, theory of constitutionalism and other public sciences. The notion civil society has got its recognition only in modern time.- Why? First of all, because it was torn away from the main mass of the people (in ancient times, in the Muddle ages privileges of the class and state authorities were realized on their behalf). Accordingly there existed the following states: class, despotic, slave-owning, feudal, monarchist, republican, and theocratic and others.coincidence of the organizing structures of the society and state was recognized by existence at that historical time of different patterns of property and division of labor, when (according to K. Marks and F. Engels) due to liberation of private property the state has gained the right of independent existence close to the civil society and outside it ... [2]. , Strictly, conditioned the possibility of the separate study of the problems of the society and state, appearance and development of sciences, examining structures of the society and state as independent phenomena.notion civil society is often used, strictly, in correlation with the notion state [3] .Professor of Bonn University says that: the state exists in the type that withstands the society" .of the state from society and isolation of the society from the state is expressed in differences of the structures, principles of organization and legal regulation.fact is that the state is the organization, rules by the united centre (the vertical system): hierarchy of state bodies and officials, connected with the uniform discipline. This system is kept on account of the society (taxes, collections). The constant and the major purpose of the state, its justification and legitimacy are the protection of the society and management of it.the state the civil society is the system of varied relations of the citizens, their associations, alliances, collective relations. These relations are based on equality and personal initiative. The purpose of the citizens and their associations is varied and changes depending on their interests.difference of structures of the civil society and state provides different ways of legal regulation of private and public relations, and therefore imprints the system of the law.
1. State bodies and positions are created by the stateand activity of the civil society is not conditioned by the law, its formation can be regulated by the law, but appear organizations on goodwill of their participants
. The citizens have legal ability (to do all what is not forbidden in different spheres) bodies and officials, are allocated with competence (which determines narrow parameters of their activity, conditioned by their purpose, subject)
. Rights of the citizens are guaranteed possibilities to use any good, which they realize or do not realize at their own discretion and desireand state bodies are allocated with authorities, which they must use at realization of their own functions, for decision of problems, facing them
. Relations between the citizens, their associations (and inwardly these associations) are based on agreements, contracts, equality, freedom, co-ordination, horizontal relations of equal persons, o bodies of state management are connected by subordination - that is vertical relations
. Citizens are allowed to do what is not forbidden by the laware allowed to do what is determined by their competence or is specified in the corresponding prescription
. In relations between private persons or associations, which are regulated by the private law, the law installs the rules only for the futurethe public law the law can have return the force if the state perf...
