Chapter I
LAW AND THE STATE

§ 3. The essence of the state

The state was often considered either as a public legal union, or as a political organization of society, or as an apparatus of public power. All these approaches characterize the nature and essence of the state from different angles, but at the same time point to the fundamental factors that together form the state organization - public (political) power and law . It is they who, uniting into one whole, require a special organizational form. Why was it formed? Can modern society do without the state? These are important questions, without answering which the worldview of a modern person cannot be formed.

State- the organization of political power exercised in society by properly formed bodies, elected and appointed officials who act within the framework of officially established powers. State appointment - conduct the "common affairs" of society, represent and organize it politically, ensure the peace and security of citizens, manage social processes, manage individual areas of life, taking into account the real potential of centralized management and public self-government in the field.

STATE AS PUBLIC (POLITICAL) AUTHORITY

Each state has a set signs . These include, in particular:

• public (political) power;
• territorial organization of the population;
• state sovereignty;
• collection of taxes, etc.

There was a time when the state was viewed as an organization population, occupying certain territory and subject to the same authorities . But this mechanistic formula (state = population + territory + power) did not exist for long, since it did not reflect many of the deep political and legal features of the phenomenon being defined. More acceptable in this respect was contractual interpretation the nature of the state, developed within the framework of some natural law doctrines.

The essence of this interpretation is that the state finds its justification in contract law, i.e. in a natural contract between members of society and the authorities, which exists conditionally. It assumes that people, sacrificing some of their rights, instruct the authorities to carry out the functions of managing society in the interests of the people, pledging, for their part, to financially support the state, pay taxes, and bear duties. The people recognized the right to terminate the contract if the government does not fulfill its obligations, or to replace it, to transfer the reins of government to another government. Supporters of contractual theories completely translated the relationship between the people and the authorities on the basis of rights and contracts , this was a major achievement of that time (XVII-XVIII centuries). These theories, since they had too many conventions, did not survive to our time, but they left a rich legacy of democratic ideas, without which it is difficult to imagine the modern doctrine of the state and modern constitutionalism.

It suffices to point out the clearly formulated idea that the state belongs to the people , which is source state power. All representatives of the state, legislators, judges, officials in the executive apparatus, persons carrying out military and police service - they are all just representatives of the people responsible to him. Here is what was said, for example, in one of the articles of the current constitution of the American state of Massachusetts, adopted in 1780, at the time of the heyday of contractual theories: “Government power is formed for the common good, for the protection, security, welfare and happiness of the people; but not for the benefit, honors, or special interests of any person, family, or class of people; therefore, only the people have the undeniable, inalienable and inviolable right to form governmental power and reform, change or completely abolish it when the interests of protection, security, welfare and happiness of the people so require ”(United States of America. Constitution and legislative acts / ed. O. A. Zhidkova. - M., 1993. - P. 51).

It is impossible not to see in these words the "credo" of a democratic state. Recognize the essential connection between public authority and law - means to take a position according to which the right, like power, comes from the people, belongs to them; the people are ultimately the supreme judge of law and the arbiter of its destinies, of course, to the extent that legal development is generally dependent on the human factor. The rule of the people is inseparable from the rule of the people, both of which are components of the sovereignty of the people, democracy. To overcome the alienation of man from political power means to end his alienation both from the state and from law. Based on historical experience, modern people see democracy, the fundamental principle of state development, as a set of rights belonging to the people, which they must responsibly use.

Historically, state power and law have one destiny, one roots. Who owns state power, from that comes legislation - the most important element of the legal system. As for law as a unified system of social relations, norms and values, it regulates and protects people's behavior means of state power . This is his specificity compared to other normative-regulatory systems, such as morality. The range of means in question is quite wide - means of achieving political consent in society, persuasion and coercion where it is indispensable. The means of political power in the legal sphere are used not only by state bodies, but also by public associations, collectives, and citizens. Moreover, this use is of a multidirectional nature - from the state to society, from society to the state, covers a wide range of social relations, from administrative to self-government.

When they say that the state is political organization of society , they mean mainly its position in the system of political relations that develop between different strata of the population, classes, social groups, between categories of people of different social status living in a certain territory and subject to the same authority.

Above, we talked about approaches for which the people (population) were an integral and homogeneous entity, acting as a party in relations with the authorities. In fact, society, and consequently, the people (population) are socially differentiated, divided into many large and small groups, whose interests and goals do not always coincide, often come into conflict. In the field of politics and political relations, the interests of groups come into contact, collide, differentiate, merge and combine, crowd each other out, fight, reconcile, and so on. Since the emergence of the state, it has always been and is at the center of politics, in it and around it the main political events of a particular era unfold.

Many theorists see in the state a special balancing device , which, thanks to its powerful organization, legal, social and ideological institutions does not allow political differences go beyond the law, controls political life in society, keeping it at some optimal level. But for this the state itself must obviously express the interests of the whole society rather than a separate part of it. Practically it is difficult to achieve ideal , the state rarely manages not to follow the lead of the economically strong classes, elite groups occupying advantageous positions in a particular area of ​​public life. It is the elites, and not the people, who most often act as a party in relations with the state, conduct a dialogue with the government, push their will and their own interests under the guise of public ones.

THE DIFFERENCE OF THE STATE FROM NON-STATE POLITICAL ORGANIZATIONS

In civil society, there are political organizations representing its individual parts, various social strata, classes, professional, age and other groups. These are known to all political parties, public associations, all kinds of unions and organizations with specific tasks - to promote the interests of a separate part of the people (population). But there is only one political organization representing the whole society in general, it is a state. It is the core of the political system of society, and the main governing functions fall on it, the largest of which are control social processes and regulation public relations. As a leading link in the political system, the state is endowed with several exceptional features that distinguish it from other political organizations of society. As a result of a long historical development, separate types and forms of social activity, certain functions, which no other political organization, except the state, can perform, have emerged.

The state is the broadest, most comprehensive political organization on behalf of the whole society, and not any part of it; by its political nature, any state is universal (performs versatile functions); the relationship of the state with each member of society is legally formalized by the institution of citizenship (citizenship), which is not equivalent to membership or participation in any other political organizations.

By virtue of its universality, the state is the only one in society sovereign political organization. This means that the state power is supreme in relation to any politically organized power (local self-government, party government, etc.) inside the country and is independent of any other power outside the country.

State owned monopoly to make laws and thus form legislation, a legal system. Through law and the principle of the rule of law and law, the state determines the boundaries of the behavior of all other political organizations and the political system as a whole.

State owned monopoly on legitimate(legitimate, justified) some form of physical coercion to persons (detention, arrest, imprisonment, etc.) in strict forms of judicial and administrative proceedings, while observing the constitutional and legal guarantees of individual rights.

Only the state has the right have an army and other military formations, maintain prisons and other penitentiary institutions, carry out legal repression, use armed force.

The State is the only political organization legally entitled to demand periodic payments from all citizens(taxes) from their property and income for state and public needs.

The state must prevent attempts by other political organizations to redistribute power in their own interests, to use the colossal possibilities of the state for the prosperity of any one part of the population to the detriment of society as a whole. At the same time, the state has the task of uniting all parts of the political system of society around itself, building correct relations that comply with the law with political parties, trade unions and other public associations, the media, non-profit and commercial organizations operating in civil society. The state must be capable of integrating society, successfully linking its parts into a single whole.

Among legal signs states are long-known, world-renowned democratic values, such as stability of constitutional order, rule of law in the hierarchy of normative acts, legal equality in the form of equality of citizens before the law and equality, broad system of rights, freedoms and duties citizens, well-adjusted mechanism of legal protection, personality , in particular judicial protection, the highest control over the observance of the constitution, oversight of the execution of laws .

The task of the modern state is to improve the democratic methods of ruling, relying on the entire experience of the existence of civilization. We are talking about the purposeful, systematic and theoretically conscious use of what has long and widely been present in the personal experience of talented leaders, natural organizers who know how to get along excellently with people and build beautiful interhuman relations . Their leadership is based on the ability to achieve a high degree consent between those who are called to exercise power and those to whom this power extends. In art find and strengthen agreement - the secret of power. Where it exists, power achieves its goals naturally and quickly, without any pressure, not to mention coercion, the need for which simply does not arise. The problem is to include the category of consent (consensus) in the concept of political power and seriously study the ways, the practical methods by which consent can and should be established between all participants in power relations.

Of course, political life in any society must be looked at realistically: there have been, are and will be conflicts, disagreements, clashes of opinions and actions in politics, there will always be people who are doubtful, distrustful or insecure, inert, unwilling to take on the burden of decision-making, etc. P. It is important to consciously and methodically ensure the priority of domination based on consent, cooperation, strengthening of creative amateur principles in collectives, in all social cells.

Ways to achieve broad agreement in politics are generally known: from a formal point of view, this improvement of legally binding procedures joint development of political decisions, absolute expansion of the circle of people involved in this development; from a content point of view, linkage, combination of diverse social interests adequately expressed in a political decision.

It is necessary to turn from pressure, command methods of ruling to methods based on in agreement , which does not arise from scratch, but on the basis of taking into account and linking the vital interests of all participants in power relations, the transition to management interests and through the interests . Therefore, when developing political decisions, it is necessary to seriously and deeply study various social interests, so that they can be combined so that a person, realizing his own goals, can thereby promote collective, social goals and, conversely, be personally interested in the fullest implementation of the interests of the collective, the state and society.

The people, exercising political power, makes the state legal, linking it with certain forms of activity to regulate and protect the free behavior of people. In modern legal understanding, the primordial meaning of law, which made its way through its historical development in spite of all obstacles and arbitrariness, must be expressed - ensuring and protecting human freedom , defining its capabilities, boundaries and guarantees. Almost all legal problems can be comprehended through the idea of ​​freedom; in its space, questions about responsibility, duties, discipline, the justified use of coercive measures, and many others arise and receive the only correct solution. Without turning law into an effective instrument of freedom and free creativity of people, without making it a factor in the protection of self-government, individual and collective initiative, it is difficult to count on the successful fulfillment of the tasks of the rule of law.

ACTIVITIES OF THE STATE APPLICATION AS A WAY OF EXERCISING PUBLIC POWER

The primary genetic feature of the state - centralized public authority (directed by a single will a special layer of people who professionally manage society) - is expressed in the activities of the state apparatus, which initially performs the functions regulation and management society. Regulation consists in the fact that the highest bodies of the state set standards , rules of conduct, laws for streamlining social relations on the basis of widely proclaimed goals and ideologies. There is a public administration organized expedient impact on social processes , involving the executive-administrative, control-supervisory, coordinating and other activities of state bodies. The entire volume of regulatory and managerial functions, their corresponding powers are distributed among the three authorities of the state (where such a division exists) - legislative, executive and judicial, as well as bodies that ensure the execution of power functions. Adapting to historical reality, the state apparatus is in a state of continuous rationalization through the distribution and redistribution of power, competence, structural changes, and the search for appropriate ways to solve state problems.

So under state apparatus understand organ system through which state power is exercised, the main functions are performed and the goals and tasks facing the state are achieved.

1) What are the characteristics of any state? 2) What is public authority? How does it manifest itself? 3) What does state sovereignty mean? 4) What is the essence and significance of the contractual theory of the origin of the state? 5) How are the state and law related? 6) What is the difference between the state and non-state political organizations? 7) What is the essence of the state? What is its main purpose?

1. Based on the studied knowledge of history and social science, determine how power in primitive society differed from state power.

2. Expand on specific examples the essential features of the state.

3. Based on the text of the paragraph, previously studied social science knowledge, draw up and fill in the table in your notebook "Distinctive features of the state from non-state political organizations."

4. Find in the text of the paragraph a fragment that reveals the connection between public authority and law in a democratic state. Please comment on this passage.

5. Based on the definition of the state apparatus placed in the text of the paragraph, identify the features of this concept and characterize them.

6. As a multilingual country, Switzerland has four official languages ​​(including Romansh).

Costa Rica does not have an army, and in Panama, a constitutional amendment in 1991 prohibited having an army for "eternal times."

Express your opinion: are the main features of the state, as sometimes claimed, a single language of communication and the presence of an army? Give arguments to support your answer.

"Only a strong state provides freedom to its citizens."

J.-J. Rousseau (1712-1778), French educator

"Everyone who thinks about the art of managing people is convinced that the fate of empires depends on the education of the youth."

Aristotle (384-322 BC), ancient Greek philosopher

On average, out of 75 flashlights sold, 15 are defective. Find in? The chance that a flashlight chosen at random in the store will be corrected

Answers:

15/75=1/5 - uncorrected 1-1/5=4/5=0.8 Answer: 0.8

Similar questions

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Probability theory

1. Petya chooses a three-digit number. Find the probability that it is divisible by 50.
2. Petya chooses a three-digit number. Find the probability that it is divisible by 11.
3. There are 10 pies on a plate: 2 with meat, 6 with cabbage and 2 with cherries. Petya randomly chooses one pie. Find the probability that he ends up with a cherry.
4. There are 30 pies on a plate: 3 with meat, 18 with cabbage and 9 with cherries. Vova randomly chooses one pie. Find the probability that he ends up with a cherry.
5. The taxi company currently has 30 cars available: 7 black, 6 yellow and 17 green. On a call, one of the cars left, which happened to be closest to the customer. Find the probability that a yellow cab will arrive.
6. In every tenth can of coffee, according to the terms of the promotion, there is a prize. The prizes are randomly distributed among the banks. Petya buys a can of coffee in the hope of winning a prize. Find the probability that Petya will not find the prize in his bank.
7. Igor and his dad decided to take a ride on the Ferris wheel. In total, there are twenty booths on the wheel, of which 3 are blue, 14 are green, and the rest are red. The cabins take turns approaching the boarding platform. Find the probability that Igor will ride in the red booth.
8. Petya and dad decided to take a ride on the Ferris wheel. In total, there are twelve booths on the wheel, of which 3 are blue, 6 are green, and the rest are red. The cabins take turns approaching the boarding platform. Find the probability that Petya rides in the red booth.
9. Grandpa has 10 cups: 7 with red flowers, the rest with blue ones. Grandpa pours tea into a randomly selected cup. Find the probability that it will be a cup with blue flowers.
10. Grandma has 20 cups: 4 with red flowers, the rest with blue ones. Grandmother pours tea into a randomly selected cup. Find the probability that it will be a cup with blue flowers.
11. There are 50 tickets for the exam. Petya did not learn 9 of them. Find the probability that he will get the learned ticket.
12. There are 50 tickets for the exam. Petya did not learn 1 of them. Find the probability that he will get the learned ticket.
13. The Parents' Committee bought 10 puzzles for gifts for children at the end of the year, 2 of them with cars and 8 with city views. Gifts are distributed randomly. Find the probability that Vova will get a puzzle with a car.
14. The Parents' Committee purchased 25 puzzles for gifts for children at the end of the year, 22 of them with cars and 3 with city views. Gifts are distributed randomly. Find the probability that Dima will get a puzzle with a car.
15. On average, for every 100 flashlights, there are seven faulty ones. Find the probability of buying a working flashlight.
16. On average, there are seven faulty flashlights for every 75 flashlights. Find the probability of buying a working flashlight.
17. On average, out of every 100 batteries sold, 91 batteries are charged. Find the probability that the purchased battery is not charged.
18. On average, out of every 80 batteries sold, 68 batteries are charged. Find the probability that the purchased battery is not charged.
19. Sasha randomly chooses a two-digit number. Find the probability that it ends in 6.
20. Determine the probability that an odd number of dice is rolled.
21. Determine the probability of rolling a dice with a 1.
22. Two symmetrical coins are tossed at the same time. What is the probability of getting heads and tails?
23. Three symmetrical coins are tossed at the same time. What is the probability of getting two heads and one tail?
24. There are 21 students in the class, among them two friends - Petya and Vasya. At the physical education lesson, the class is randomly divided into 7 equal groups. Find the probability that Petya and Vasya are in the same group.
25. Before the start of a football match, the referee tosses a coin to determine which team will have the ball first. Team A must play three matches - with team B, with team C and with team D. Find the probability that in all matches the first possession of the ball belongs to team A.
26. 6 athletes from Greece, 4 athletes from Bulgaria, 3 athletes from Romania and 7 athletes from Hungary participate in the shot put competitions. The order in which the athletes compete is determined by lot. Find the probability that the last competitor is from Hungary.
27. 4 athletes from Denmark, 8 athletes from Sweden, 4 athletes from Romania and 9 athletes from Hungary participate in the shot put competitions. The order in which the athletes compete is determined by lot. Find the probability that the last competitor is from Sweden.
28. In a random experiment, two dice are thrown. Find the probability of getting 9 in total. Round the result to the nearest hundredth.
29. In a random experiment, three dice are rolled. Find the probability that the total will be 10. Round the result to the nearest hundredth.
30. At the geometry exam, the student gets one problem from the collection. The probability that this problem is about "Triangles" is 0.5. The probability that this will be a problem on the topic "Circle" is 0.25. There are no problems in the collection that simultaneously relate to these two topics. Find the probability that on the exam the student will get a problem on one of these two topics.
31. At the geometry exam, the student gets one problem from the collection. The probability that this problem is on the topic "Circle" is 0.45. The probability that this will be a problem on the topic "Angles" is 0.5. There are no problems in the collection that simultaneously relate to these two topics. Find the probability that on the exam the student will get a problem on one of these two topics.
32. The shooter shoots four times at the targets. The probability of hitting the target with one shot is 0.5. Find the probability that the shooter hit the target the first 3 times and missed the last time.
33. The shooter shoots three times at the targets. The probability of hitting the target with one shot is 0.7. Find the probability that the shooter hit the target the first time and missed the last two.
34. The shooter shoots three times at the targets. The probability of hitting the target with one shot is 0.9. Find the probability that the shooter hit the target twice and missed once.
35. The shooter shoots three times at the targets. The probability of hitting the target with one shot is 0.5. Find the probability that the shooter hit the target twice and missed once.
36. There are 24 boys and 6 girls in the ninth economic class. By lot, they choose one duty officer for the class. What is the probability that it will be a boy?
37. There are 2 boys and 23 girls in the ninth mathematical grade. By lot, they choose one duty officer for the class. What is the probability that it will be a girl?
38. The probability that a new computer will last more than a year is 0.98. The probability that it will last more than two years is 0.84. Find the probability that it lasts less than two years but more than a year.
39. The probability that a new scanner will last more than a year is 0.96. The probability that it will last more than two years is 0.87. Find the probability that it lasts less than two years but more than a year.
40. What is the probability that a randomly chosen natural number from 25 to 39 is divisible by 5?
41. What is the probability that a randomly chosen natural number from 15 to 36 is divisible by 2?
42. At the Chemistry Olympiad, participants are seated in three classrooms. In the first two, 180 people each, the rest are taken to a spare auditorium in another building. When counting, it turned out that there were 450 participants in total. Find the probability that a randomly selected participant wrote the Olympiad in the spare room.
43. At the Mathematics Olympiad, participants are seated in three classrooms. In the first two, 120 people each, the rest are taken to a reserve auditorium in another building. When counting, it turned out that there were 300 participants in total. Find the probability that a randomly selected participant wrote the Olympiad in the spare room.
44. The probability that Petya will correctly solve more than 11 problems on a physics test is 0.65. The probability that he correctly solves more than 10 problems is 0.71. Find the probability that Petya correctly solves exactly 11 problems.
45. The probability that Vasya correctly solves more than 12 problems on a math test is 0.7. The probability that he will correctly solve more than 11 problems is 0.79. Find the probability that Vasya correctly solves exactly 12 problems.
46. A bus runs daily from the district center to the village. The probability that there will be less than 22 passengers on the bus on Monday is 0.86. The probability that there will be less than 9 passengers is 0.5. Find the probability that the number of passengers will be between 9 and 21.
47. A bus runs daily from the district center to the village. The probability that there will be less than 21 passengers on the bus on Monday is 0.96. The probability that there will be less than 11 passengers is 0.51. Find the probability that the number of passengers will be between 11 and 20.
48. The automatic line makes batteries. The probability that a finished battery is defective is 0.05. Before packaging, each battery goes through a control system. The probability that the system will reject a bad battery is 0.99. The probability that the system will mistakenly reject a good battery is 0.03. Find the probability that a randomly selected manufactured battery will be rejected by the control system.
49. The automatic line makes batteries. The probability that a finished battery is defective is 0.03. Before packaging, each battery goes through a control system. The probability that the system will reject a bad battery is 0.97. The probability that the system will mistakenly reject a good battery is 0.05. Find the probability that a randomly selected manufactured battery will be rejected by the control system.

Quest Source: Decision 3353.-20. OGE 2016 Mathematics, I.V. Yashchenko. 36 options.

Task 18. The diagram shows the age composition of the Austrian population. Determine from the diagram, the population of what age is more than 40% of the total population.

1) 0-14 years old; 2) 15-50 years; 3) 51-64 years old; 4) 65 years and over

Solution.

More than 40% is almost more than half of the population. The figure shows that this corresponds to the largest segment with an age of 15 to 50 years.

Answer: 2.

Task 19. On average, out of 150 flashlights sold, six are defective. Find the probability that a flashlight chosen at random in a shop is in good condition.

Solution.

Denote by the event A the choice of a working flashlight. The number of favorable outcomes for event A is 150-6=144 (average number of serviceable flashlights). There are 150 possible outcomes, so

.

Answer: 0,96.

Task 20. In the Rodnik company, the cost (in rubles) of a well made of reinforced concrete rings is calculated by the formula C \u003d 6000 + 4100n, where n is the number of rings installed in the well. Using this formula, calculate the cost of a well of 8 rings. Give your answer in rubles.

Solution.

Let's find the cost of the well at , using the formula for calculating the cost C, we get.