3 . Functions of the state and the legal form of their implementation.

 Under the functions of the state is understood as the main areas of activity , which express the essence and social purpose , goals and objectives of the State to manage the company . Functions show that the state is doing , what his organs , which issues they address.

Each function has a certain content , which involves activities of the state in a particular field of public life . Formation of functions occurs in the making, strengthening and development of the state : the sequence of their occurrence depends on the sequence of tasks that face society in its historical development , the objectives which it pursues . These goals and objectives can not be arbitrary , but depend on the actual conditions in which there is a society , including the economic opportunities, needs and interests of the population, its moral and cultural level of the national structure , scientific and technological progress , and many other factors.

Functions of the state are distinguished by :

1) spheres of social life (political, economic , social, ideological , environmental, legal , etc.);

2) a territorial basis (internal and external );

3) runtime ( permanent and temporary ) .

State functions are carried out in certain legal forms , which are understood as homogeneous in its external characteristics ( nature and legal consequences ) activities of public bodies , mainly associated with the publication of legal acts. To the right legal forms include: law-making and enforcement activities .

Lawmaking - a form of the functions of the state through the development and promulgation of regulations , publications or authorization , amendment or repeal of legal norms .

 Law enforcement - is the activity of state bodies in the implementation of laws and regulations by issuing acts of application of the law . In law enforcement allocated operational executive ( executive and administrative work of the state bodies associated with everyday issues resolution versatile case management in the community, through the issuance of individual legal acts giving rise to the creation, change or termination of legal relations ) and law (the form of the functions of the state operational by the power of state bodies for the protection of the law violations , protection of subjective rights granted to citizens and ensure their assigned legal duties ) .

4 . Rule of law and its symptoms .

Ideas about the state of law have been developed since the days of antiquity. The idea of ​​unity of power and rights , fair laws , the rule of law and justice has developed such ancient thinkers as Solon , Plato, Aristotle . Large contribution to the theory of the state of law made ​​Kant , Hegel , John Locke . Among the famous Russian gosudarstvovedov reached AS Alekseev, VM Hesse , BA Kistyakovsky .

 Theoretical developments have allowed science to formulate legal signs of law, or the criteria to be satisfied by a state that claims to be called legal .

Legal state - a state in which the organization and activities of the government in its relations with individuals and their associations based on the right and his correspondence.

The idea of ​​state seeks to limit the power ( force) of the state law , and on the establishment of the rule of law and not of men , on human security in its interactions with the state

At the moment decided to allocate four main features of the legal state :

1) the rule of law in public and political life ;

2) the principle of separation of powers ;

3) the inviolability of human rights and freedoms , and their warranty and the reality of implementation;

4) the mutual responsibility of the state and the individual.

The rule of law involves the legal organization of the government, ie the creation and formation of all government agencies strictly on the basis of laws , the legal nature of laws , which, by their content should be fair , based on the natural , inalienable human rights and freedoms ; connectivity state laws created by him ; self-limitation of the state law , establishing the framework for the activities of the State and its organs ; rule of constitutional law in the system of normative legal acts of the state, the direct effect of constitutional norms.

The principle of separation of powers suggests a relatively independent existence and functioning of the three branches of government - legislative, executive and judicial , each of which serves as a counterweight to the other. This principle means that all disputes and conflicts between the branches of government are resolved by legal means .

Inviolability and warranty rights and freedoms means that legal state can be considered as such only if it sets , fixes and really ensures the equality of all human beings as subjects of legal communication , equality before the law . People should have equal legal rights , equal opportunities to achieve some not unlawful objectives or acquire any rights . In addition , the state must not only recognize , but also to ensure the full set of rights and freedoms recognized by the international community as natural rights , ie belonging to him from nature, from birth. Such rights include: the right to life, human dignity and integrity of the individual , the home , freedom of movement , freedom of conscience , etc. The state also aims to protect everyone from the arbitrary authorities and officials.

Mutual responsibility of the individual and the state is shown in the fact that in its relations person and the state act as equal partners and have reciprocal rights and responsibilities . State has the right to demand not only the personality of the implementation of statutory duty, but also the person liable to certain duties. Consequently , a person may require the State to reality enshrined rights and freedoms , to protect them from abuses. Such capabilities provides a judicial procedure for appealing against the actions and decisions , as well as acts of state bodies and officials, which were violated rights and freedoms of citizens.

Among these features is the core legal state sign the rule of law . Without it, there is no normal functioning of society .

An important condition for the formation of a legal state is a high legal culture of society, assert in society the supremacy of human values ​​, respect and support climate of democratic traditions .