LawState and Law

Statehood is what? Definition and concept

In science, one of the debatable issues is the question of the correlation of such concepts as statehood, state and state power. Comparing the last two terms, Korelsky and Perevalova note that these institutions form a complex unity. In this case, the solution of the problem of their correlation can be approached from various positions.

Existing approaches

If we understand the state as an organizational and political social form, then the state power will be its most important sign. If it is regarded as a special apparatus (mechanism) for the exercise of powers, then the concepts are correlated as form and content. The first will be the state, the second, respectively, the power. In this case, the nature of the latter determines the specifics of the form. For example, in democratic conditions, the state and the bodies that they are educated serve the society. To the fore in the activity, thus, general social goals and functions will be put forward. In conditions of totalitarianism, the dominant position is occupied by coercive means of exercising power. At the same time, punitive organs come to the forefront, and powers belong to certain people. Through the state apparatus they carry out their interests and will, imposing them on citizens.

Nuances

As research shows, despite the close proximity of categories of state power and the state, the impossibility of their separate existence, these concepts are different. Without one there is no other, no less than the second can not exist without the first. At the same time, the government determines the goals, functions, tasks that will be carried out by the bodies, establishes the terms of reference and legal boundaries of activities. According to Protasov, genetically, power is the primary link. This is due to the fact that it is the need of the society at a specific historical stage in the mechanism that can manage a fundamentally new state of the social structure and is a prerequisite for the emergence of the state. It acts as the bearer of power. It is the force that is the base on which powers are exercised.

Statehood

понятие нередко отождествляется рассмотренным выше категориям. This concept is often identified with the categories discussed above. However, most often it is used in a more voluminous and broad sense. Understanding of this institution is not limited solely to state structures. However, in the legal science there is no clear definition of it.

Opinions of researchers

Analyzing the factors that influence the formation of statehood, Bachilo characterizes it as a form of expressing the imperious, organized will of people to create and provide adequate time for the methods of social life and joint activity within certain boundaries of the composition of the population, a particular territory, within the framework of observing the sovereignty of one's own and other Peoples. Vengerov notes that the position is not clear when considering the concept. The author points out that the functional characteristic of the state institution makes it possible to study not only the device of a particular type, but also the statehood of the people.

Works by Vedeneyev

The subject of this scientist's study is Russian statehood. In his works he does not reduce the understanding of the institution exclusively to the organizational and political structure. Moreover, Vedeneev does not attempt to clarify the notion of " statehood". In his works the scientist analyzes the processes of its creation. , он дифференцирует систему власти. At the same time, while studying the formation of statehood , he differentiates the system of power. First of all, he singles out the organizational mechanism, the socio-political, economic, spiritual integrity of the entire structure. He analyzes the states and processes that arise within the transition not just to a new system of power, but to a qualitatively new system of social relations of all kinds.

Characteristic

связано с прохождением обществом нескольких фаз. According to Vedeneev, the emergence of statehood is associated with the passage of several phases by society. Analyzing them, the scientist considers not only political processes, but also the phenomena accompanying them, and in some cases also social, economic and other factors prevailing at a particular stage. For example, he examines the liberalization of the economic complex, affecting the conditions of life and the very existence of key layers and groups of the country's population. в иное русло, приводящих зачастую к национальным, политическим, социальным конфликтам. Similarly, there is a study of opportunistic and situational factors that can turn the development of statehood into a different channel, often leading to national, political, social conflicts. Vedeneev gives a description of the process of creating a new device. институт, возникающий в процессе глобальной трансформации цивилизационных основ страны. He points out that statehood is an institution that arises in the process of a global transformation of the country's civilizational foundations. These authors do not limit it to political reforms and the reorganization of the system of power.

Specificity

достаточно широкое понятие. Statehood is a fairly broad concept. It includes many components. One of them is the state. It is connected with the concept of power, but it does not reduce to it, or to the bodies and structures that implement it. Taking into account different points of view, one can derive a general definition. сложнейший комплекс структур, институтов, элементов публичной власти, неполитических компонентов, связанных с самобытностью духовно-нравственных, социальных, экономических и прочих условий жизни и деятельности конкретного народа либо объединения народностей на том или ином историческом этапе. Statehood is a complex set of structures, institutions, elements of public authority, non-political components associated with the identity of the spiritual, moral, social, economic and other living conditions and activities of a particular people or the unification of nationalities at a particular historical stage.

Symptoms

Statehood is viewed as a property, a state of society at a certain historical stage. It expresses the qualitative characteristics of institutions and elements that make up a certain trait and the main content of the society. On the state of society, the structure of relations within it is influenced not only by authority, its bodies, but also by other institutions, including those that do not have a political character. For example, this is an information, spiritual, economic system, the international situation. Statehood, then, is a complex concept. It reflects the qualitative state of a politically organized society. This characteristic makes it possible to objectively and comprehensively illuminate the trends and stages of the historical formation of statehood. It allows to reveal the institutional stability of key laws and processes, to predict the subsequent movement. In addition, it provides an opportunity to develop a unified approach to understanding the national statehood.

National-Spiritual Nature

It is considered an integral element of statehood. The institution under consideration has a national-cultural orientation, as it reflects the spiritual and other social values accumulated by the people. In this capacity, the national statehood has a number of typological features, corresponding to the ethno-cultural uniqueness of the country. In turn, this circumstance requires the substantiation of the concept of organizational and legal transformation taking into account the national identity of the territory. Ignoring or forgetting the spiritual and cultural aspects can lead to incorrect choice of means and ways of society's reforming, disorganization of the vital activity of the population.

Historical element

Statehood characterizes the state of society at a certain stage of development. As Tikhomirov rightly notes, not only the change of organizational structure, power, regime and other institutions is an indicator of change. The author points out that the methods, values, attitudes of political associations, procedures and so on are also changing.

State of the CBD

In the Soviet period, only the Union republics had sovereignty. Autonomous entities, such as Kabardino-Balkaria, in particular, had no such status. The situation changed in 1991. It should be said that back in the early 1990s, the work of power structures, national and socio-political associations of Kabardino-Balkaria was aimed at acquiring a new status, liquidating the hierarchy of administrative-territorial division. The beginning of this process was laid at the end of January 1991. During this period, the Supreme Council adopted a Declaration on Sovereignty, and the official Statehood Day was approved on September 1. At the end of 1993, the Constitution of the USSR was abolished, and a discussion of the new Basic Law of the Russian Federation began. It proclaimed the equality of all actors within the country. On December 12, 1993 the Parliament of the CBD was elected. It included 2 chambers. Parliament began to develop legislation regulating the basis of the state structure of the Republic. At the same time, dramatic changes occurred in the political system. First of all, the structure of the SNM was abolished. On July 21, 1994, the attributes of the statehood of the CBD were adopted. It was established by the laws of the flag, coat of arms, anthem.

Conclusion

Pre-revolutionary researchers paid much attention to the history of the monarchy and its representatives. The development of the state administration was identified with the formation of the ruling dynasty. Karamzin and a number of other scientists used the monarchist approach. Along with this, some researchers tried to consider the history of power institutions, analyzing political and socio-economic phenomena, as well as the structure of government bodies. Over time, approaches to the study of the problem have changed. Modern scientists try to analyze statehood not only through the prism of political events, but also taking into account other important processes. This takes into account the specificity of the national system, the spiritual worldview of the people.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.