ects the legal position of the persons, the law softens punishment or in general does l not recognize illegal actions
The Isolation of the civil society from the state has brought to a number of state legal effects, which have conditioned these particularities of the modern state, distinguishing it from the state caste-class epoch. In modern time the Constitution, in which there are stipulated the fundamental rights and freedoms of a person, is considered as agreement on division of authorities between the society and the state. If for the European constitutionalism as political theory it is inherent extremely vague interpretation of the constitution as the fundamental law of any society and realization of ideas of restriction by the society of authorities of the state [4], the evolution of constitutionalism has brought sharp narrowing of this notion. And we can see that today it gains the contractual nature and recognizes actually the constitution as the agreement on distribution of authorities between the society and the state. The idea of ?? public agreement has gained spreading in XVII-XVIII centuries. What was this idea based on? First of all, on realization by the state of positions of the universal equality of people and categories of private law, which have special significance for relations in the civil society? Development of the constitutional legislation includes not only fixing of rights and freedoms of the members of the civil society, but also in granting the citizens with facilities of influence on the state power. Strictly formation of the civil society has given the possibility to comprehend theoretically the problem of political estranging and created the premises for its overcoming.structure of bodies of the state of modern time there appear constant, general-national representative institutions of the parliamentary type, allocated with the right of installation of taxes and collections, as well as adoption of the most important statutory-legal acts (laws) .and development of the representative democracy is the phenomenon, inherent to the epoch of the civil society. The representative institutions have always realized the legislative function on behalf of the people (nation) .encroachment of the representative bodies (institutions) on participation in the state power (on behalf of the society) in a number of countries has brought to the revolutions ( misunderstandings), and this has conditioned the origin of the ideas of the distribution of authorities for the purpose of ensuring rights and freedoms of the members of the society.the same time there has appeared the notion the legal state and legality as political and legal idea, directed against despotism laquo ;, against the police state .is well known that the important factors of the civil society are freedom of personal initiative, independence of the people in reception of facilities of existence., such freedom sharply formed the contrast to class-caste limitations of the sort and type of occupations (there was the fear to forfeit all). For instance, Kant confirmed that freedom is revealed, when each person searches for his happiness on that way, which he thinks correct if only it does not limit freedom of the others [5]. Developing this thought, the philosopher has noted that management, which is based on the principle of praising the people, is similar to the father, who deifies his own children (management parental, under which all are related as to minor, who unable to differentiate what is useful for them, and what is harmful, have to remain passive, expecting from the head of the state advice what to do to be happy, and wait alms from him). Such ruling is the despotism (any freedom is destroyed, and there no rights exist) .thoughts of Kant exactly and fully express the essence of the legal state.essence of the legal state is in how it :) provides law and order;) provides freedom and equality of the members of the society;) guarantees the correlation of the right and state in the civil society, which is based on legality of actions of the state, its bodies and officials.this context we should specify G. Hayek: raquo ; The essence of the legal state is not in the fact that everything is regulated by the law, but in the fact that the state structure of enforcement is applied only according to the law so that facilities of its application could be in good time foreseen [6]. The similar notion of legality has been motivated by some domestic scientists.has been defined as the mode of existence of state authorities, as the principle of activity of the state structure.instance NG Aleksandrov confirmed that an offense, made by the citizen, does not strengthen legality (the offender is punished, measure of the punishment is determined by the law and right) [7] .and order as a result of realization of legality is violated under inefficient activity of law-enforcement bodie...
