ing priorities of the government in development of a civil society, the Marxist theory considered the state as the political organization economically a ruling class for suppression of resistance of its class opponents. According to K. Marx (1818-1883) and F. Engels (1820-1895), the state has arisen on a certain level of development of productive forces when the public division of labor has led to occurrence of a private property, property inequality of people and to society split on antagonistic classes. p> The Marxist concept of the state consists that economic basis of a society - set of public relations - admits primary and defining, and the political and ideological superstructure urged to follow it. p> The basis of development of socioeconomic structures is made by Asian each other Asian, slaveholding, feudal and bourgeois ways of manufacture to which there correspond certain types of a state system. The higher socially economic formation proclaimed communism at which achievement the state dies off, being replaced by public self-management. p> The Lenin version of the Marxist state as republics of Councils has received the fullest embodiment in the former USSR. Councils represented elective state bodies, but the defining and directing role of the CPSU was thus proclaimed. In the Soviet state acceptance of all state decisions occurred at level of the higher political management, there was a state ownership on the basic means of production, the state participated directly in management of activity of leading enterprises, the institute of state planning (State Planning Committee) defining the price both tariff policy and prospects of development of all branches of economy developed. p> The Soviet system assumed concentration of all three branches of the power in hands parties (CPSU) which possessed the right of distribution of key posts in the legislative, executive and judicial device. Disintegration of the USSR in 1991 has served as the beginning of transition from the Soviet system of the government to formation of the modern democratic state. p> Substantive provisions of the classical theory of a lawful state have been formulated in XIX century by German philosopher I. Kant (1724-1804). They have kept the force and value up to now. According to an edging, the right витті the state, unlike despotic or police, limits itself to a certain complex of constant norms and rules. p> Here attributes of a lawful state on I.Kant:
- Freedom based on the law of everyone not to obey other law, besides, on which it has given the consent;
- Civil equality - to recognize as standing above itself only that as a part of the people on whom it has moral ability to impose the same legal duties what this can impose on it;
- Attribute of civil independence - in legal affairs the civil person should not be presented anybody to another. p> In a lawful state only the duly elected government has the right to apply force as compulsion. The governmental monopoly for force means a uniform, obligatory order for all, destruction of an inequality and a variety of the rights which would depend on social, hereditary or other status. Under the fair remark of the German jurist of R. Eringa, the right never can replace or supersede the basic elements of the state - forces. В«Weakness of the power is a deadly sin of the state В». p> However force of the state is lawful only in the event that it is applied in strict conformity with the right. The political power should realize the right. What does it mean actually? p> The state which has published the law is obliged to respect this law until it exists and continues to operate, though it is lawful to reconsider it and even to cancel. It also is a legality mode. Thus to the right the basic role in freedom delimitation is taken away. I. Ilyin defined the law and order as В«live system of mutually recognized rights and duties В». Defending the rights, the person wishes their recognition and observance from other people. At the same time it makes also to itself (himself) a duty to recognize and observe the rights of others. p> The lawful state is cemented not by threat of application of sanctions, namely the consent of the majority of citizens voluntary to execute instructions of laws. The lawful state assumes certain conditions for the statement: the people as a whole and each citizen separately should ripen for perception of idea of leadership of the law in all areas of a human life. It is important, that everyone has realized not only limits of the interests and the rights, but also limits of the responsibility and a duty to self-restriction that is not as a result of long historical experience. p> The Russian philosopher and historian P. I. Novgorodtsev has noticed: if democracy opens wide open space to free game of the forces shown in a society it is necessary that these forces subordinated themselves to some higher beginning obli...
