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





d remember that individual acts of barriers of imperious authorities (state bodies and officials), who contradict the acting law is quite dangerous for stability of the law, legality and law and order.fact is that public order in the states of incomplete legality can be based on such acts. However the state of public order depends on the degree of distribution of free orders, commands, which do not satisfy the acting norms of the law.reasons of this discrepancy are arbitrariness of state officials; insufficient certainty, unclear competence of officials, corruption.contradictions between the state and the law appeared in command-administrative regimes, when the law lost the possibility to be an arbitrator in disputes between leaders and subordinated. It certainly blasted the essential features of the law: stability, authority (let s remember +1965 and the following failures of economic reforms in the USSR, when the enterprises were ostensibly given the right determined economic initiative, but actually everything was decided by the dictate of ministries and departments) .existed the arbitrariness of local bodies of power (sometimes it even prevailed over instructions central bodies of power) .to the historical experience, the state of law and order depends on the whole vertical of bodies of state authorities. The important role in realization of the law belongs to the supreme power (the monarchy - in monarchy, collective bodies - in republics). It determines the contents of the state discipline, the 1of compulsion of the law for all (competency, limits of the liberty of bodies of authorities). Weak and feeble supreme power of the state is unable to create the real law and steadfast law and order. The supreme power influences the contents of the law, its efficiency, and authority. It s bad when the state itself violates norms established, for example, unauthorized additional collections, duties, violation of customs and traditions.by the supreme power of illegal laws is one of the sharp political-legal problems of modern history. The possibility of arbitrariness of the supreme power to the law grows, when the main source (form) of the law become the laws and other statutory-legal acts (one law contradicts the other, acts of the government, ministries, departments, do not always correspond to each other, contradict the Constitutions of the country) .are some additional difficulties in development of the law which are overcome by the legislative activity of the state bodies.texts of the laws the law quite often is substituted by its ideological motivation, which does not have any legal contents (by the way, any law or any other source of the law belongs to the sphere of literary creative activity) [10]. This creative activity can have political ideological nature instead of legal (for instance, after +1917 the decrees were the form of propaganda) .By the way, the English do not perceive the European norms, they consider them general principles, concerning the wish of the moral plan or, installing the corresponding political program instead of the norm (David Rhenium) [11] .to remember the Soviet Union, the role of the law in this state played the political decisions, administrative instructions, orders, instructions, revolutionary conscience. was the result of such activity? There existed the growth of the authority of the law. The principle of realization of the law was legality. In some totalitarian states there acted not only the total legal regulation, but there was allowed invasion in private life of the person. The General justifications were the reference to practicability of the acts of arbitrariness, their correspondence to the principles of barriers of high authorities. Attitude of the state to legal norms, which it has created, gains the urgent importance at the period of development of the civil society., Urgency of the given article is conditioned, first of all, by the necessity of overcoming of contradictions between the state and the law, analysis of the problems of state-legal phenomena and improvement of methodology.


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