Читать статья по основам права: "Aspects of the analysis of methdological problems of correlation of state and law" Страница 3


назад (Назад)скачать (Cкачать работу)

Функция "чтения" служит для ознакомления с работой. Разметка, таблицы и картинки документа могут отображаться неверно или не в полном объёме!

more numerical institution. It is obvious that the public division of labor generates the necessity of mastering especial professional skills in the spheres of management, enforcement, and justice. In a small ancient town (city-state) of the times of Platon for protection and control it was necessary to have a number of warriors, who were led by the board of smart philosophers. However there existed large ancient states, which needed a greater number of rulers, warriors, and other officials. Now let’s speak about modern state?! Their functioning is connected with the multiple amount of people, - army, justice, police, and intelligence, financial, social and the other services, personnel of state establishments and so on).quality, inherent state, according to V.I. Lenin, is "presence of the specific class of people, concentrating the power" [8]. This class (as well as its representatives) should be considered "state officials". They live among us, they know their own professional duties, some of them execute their duties well, and some of them do it badly, they have different status, personal features, family status, as well as other members of the society. And they convince common citizens that they are not the special class.system forming bases of this class is the hierarchy of persons, allocated with imperious authorities (ordinary officials, advisors, assistants). They can be talented and genius people. Outstanding state and political figures are called "leaders". State officials are distinguished on volume authority; human features; criteria of qualification and dignity.contradictions between the state and the law exist even in the states where the law dominates, and the supreme power tries to keep the legal norms. There appear contradictions between actual activity of the state and working norms of the law.state is the corresponding bodies, officials, their actual activity, and interrelation between people and between bodies, international relations.law becomes real in rules of behavior (norms) and specific public relations, in the corresponding procedure of consideration of life situations and, finally, in the specific form of public consciousness, whose estimating character is expressed in legal notion and category.’s try to specify differences between the legal norm and state institutes.

№ &The Legal norm &The State institute

. &The component of the law is the norm of the law and legal relations. &Consists of persons and institutions, allocated with authorities.

. &The norms of the law are classified in different categories. &State bodies and officials are distinguished on their place in the state hierarchy, range, volume of authorities.

. &The legal norms concern abstract most general public relations. &State officials see the life in its whole variety and estimate public relations and situations, coming from corresponding party, personal sympathy or antipathy.

. &The legal norms are the specific model of public relations, supposed to be ordered and changed. &Officials sometimes try to leave the limits of these frames, to make relations not according to the model (but coming from their own understanding, life experience, corresponding interests, and motives).

. &The legal norms are valued according to their legal force, accuracy of formulations, efficiency, and fairness. &State bodies and officials according to the volume of authorities, discipline , competence, degree of honesty and other moral, personal and business features.

. &A number of legal norms can not be realized without the decision made by the state body or an official unless there are examined the circumstances of the case having legal value and corresponding proves. & Some officials try to perform their own duties more simply and faster, than it is determined in the law, to make decision without complex legal procedures, without examination of all circumstance and proofs.

. &The norm of the law is the sample of the decision of the case. &Persons authorized to pass the norms of the law are not always principle, responsible.

. &The legal facts generate legal relations. &Duty of the officials is recognition of the legal fact.

. &In the law there are sometimes non-acting rates which interfere examination and application of the law. &In the state hierarchy there are unnecessary positions, a number of privileges, privilege, and imperious authorities.correlation of essential features of the law and the state gives first of all possibility to determine deeper and concretely relations and oppositions of two social regulators, which can not dispense without each other.for these contradictions, there are such, which are conditioned by individual, subjective features of public figures. Such contradiction between the government and the people, society and state, were specifies by the well-known thinkers, in particular, by K. Markx who noted: "The society creates the bodies for protection of its own interests from internal and external aggressors. This body is the state power. As soon as such state body appears, it gains independence before the society" [9].opposition between the state and society sometimes greatly influences the contents of the law, and its realization. Obviously, the state and society are not enemies. But their interests are not identical, but sometimes opposite. For instance, it is much easier for state to provide the struggle with offenses and guard of social order.the other hand, dignity and freedom of a person in the civil society will be on the proper level if citizens are not covered with surplus taxes, will be free from military service, excise and customs restrictions.normal, comparatively calm periods of the social development these and other contradictions are discussed in representative institutions.contradictions between the state and society during the crisis periods, especially when authorities are the persons,



Интересная статья: Основы написания курсовой работы