s or punishment for violation of the laws on the part of officials, bodies, assigned with imperious authorities. Legality is, certainly violated with adoption of illegal laws (the laws, which contradict the constitution) .understanding of legality by the soviet scientists caused disputes (they said that legality is uniform laquo ;, general and is reduced only to law-abiding, all must behave within the framework of the law) .nature of the civil society corresponds to the principle of legality as the severe correspondence of the law of activity of the state and its bodies.is it necessary to interpret legality ?, only at such understanding there appears the problem of legality of the laws, which are issued by the higher bodies of state authorities in understanding of their correspondence to universal and legalized rights and freedoms of the citizens (even in the societies, in which serfdom rights were legitimized, the privileges of clergy and nobility were canceled) that is any law was obligatory. In the civil society the law is not only the rule, installed by the sovereign power (the people), but is the norm, issued in accordance with the constitutional principles of the society and the state, which take into account rights and freedoms of the members of the society and are based on legal equality and autonomy of the free people., only such notion of legality forth on the first plan the problems of protection of officials interfering life and activity of the members of the civil society, originates the initiative at gaining the facilities of existence, to determine freely their own relations with other people and their associations, which live in a stable and safe country, where there rules the law, created by the state and equal for all .. Lokk emphasized: Freedom of the people in conditions of existence of the system of management means to live in correspondence with the constant law, general for all and installed by the legislative power, created by this society [8]., Only under such approach to the notion of legality the citizen in the event of violation of his rights pertains on one legal level with the state and its officials at consideration and settlement of the dispute about violated rights. According to Gegel The member of the civil society has the right to search for protection in court and is obliged to stand in court solely through the right, which he defends" . Certainly, in the epoch of feudalism outstanding persons ignored such principles, as court was nothing for them. In these situation realities of life contradicted declarations, which determined the place of such institute as the power.modern time the person who manages is obliged in private questions to recognize the power of court on himself. In free states he, as a rule, will lose the own processes (Gegel) [9] .eighteen years there have been published many works about the legal state. Some authors write about distant past, others confirm that it never existed and can never exist (G. Kelzen, expressed the opinion that, any state is legal since it is formed by law) .is well known, that for lawyers the right itself is subject of cognition. In this context they search for the answer to the question: what is it the legal state? And for this purpose they give such thesis:
the ideal type of ruling (which is confirmed by the philosophers of the law);
the programmed condition, which can not be completely realized (but provides wide scale functioning);
the idea for entailment of which the titanic efforts are necessary.state can not become to 100% legal (there always exists unconscious official, incomprehensive text of the article of the law). Besides, we think, the state declares it legal, but does not try to become legal. As the significant part of bureaucracy ignores thesis of the law about the legal state; and the bearers of the sovereign power do not want to realize thoughts of jurists scientist about the law as the clever policy of the power and that one norm changes for the authorities of the thousands of the individual requirements .some measure the state should be constructed so as it could become legal. In this is the essence of the division of authorities into branches, and organizations of the system checks and balances in organization of bodies of state authorities, is the guarantee of legal activity of any one of them. The structure of different states, which is based on the principle of division of the powers, is the subject of the constitutional law.to speak about correlation of the law and state, state bodies, the main thing in division of the powers is the creation of the state structure, which could safely prevent the legal system of the civil society.debates on reforming the perspectives of improvement of the society still go on. They speak on changes of the number of the subjects of the federation; the status of th...
