Лекции по "Политологии"

The basic signs of the modern state are:

- Presence of the public power allocated from a society, materialised in specific compulsory establishments and extending on all territory of the country and people living on it;

- Compulsion of membership in the state. The person receives citizenship from the moment of a birth;

- System of taxes, taxes, the loans necessary for material maintenance of a state policy, for the maintenance of machinery of state;

- Territorial division of the population (the state unites the power and protection of all people occupying its territory);

- The sovereignty (leadership inherent in the state in the territory and independence in the international relations);

- The right (the state cannot exist without the right as the last legally makes out the government and does its legal);

- Monopoly for legal application of force, compulsion (possibility to deprive citizens of supreme values whom life and freedom is);

- Claims for society representation as whole and protection of the general interests and general welfare.

III. Display of specific properties and state functions actually always depends on the form of the organisation of the power and character of interrelations of the higher state structures with the population. The state form - the difficult public phenomenon which includes three interconnected elements: the state system form, the form of government and the form of the state mode. From the point of view of the administrative device of the state are subdivided on unitary, federal and confederative:

- In the unitary state all administrative units represent single whole parts, and state structures - parts to the uniform political system functioning on the basis of the uniform constitution and within the limits of a homogeneous right field. It is characterised by following signs: assumes existence of uniform higher executive, representative and judicial bodies; in its territory one constitution, uniform system of the legislation, one citizenship operate; components of such state do not possess the sovereignty; all external interstate relations carry out the central bodies which officially represent the country on international scene; has uniform armed forces, a management with which it is carried out by the central public authorities;

The federative state is free association of the separate states (regions, areas, the earths), each of which possesses a certain autonomy and has special relations with the centre. Now about 2 billion persons lives in 23 federations made approximately from 500 subjects, each of which can be compared to 191st politically sovereign state. Federations differ following signs:

- Presence of two levels of the management possessing the different competence of questions of representation of interests of citizens;

- The constitutional distribution executive and legislative powers of the centre and subjects of federation;

- Maintenance of representation of regional interests at federal level;

- Leadership of the federal constitution which cannot change односторонне and demands the consent of the majority of federated members;

- Presence of the arbitration (independent) court, different level resolving disputes the authorities;

- Presence of institute of the intergovernmental cooperation regulating problems, entering into joint conducting the parties.

Federations are under construction to territorial or national signs that substantially define character, the maintenance, state system structure. Territorial federations are characterised by considerable restriction of the state sovereignty of subjects of federation while national federations are characterised by more difficult state system. The basic distinction between them consists in various degree of the sovereignty of their subjects;

- The confederation represents the union of the independent states which temporarily transfer a part of the powers for realisation of the joint purposes to allied bodies. Confederates almost completely keep the internal and external sovereignty, possessing the right of free unilateral secession of the union. In confederation there is no uniform citizenship. The general governing bodies have no right of the direct taxation of citizens of the countries-participants. Versions of the state associations of confederative type concern:

- кондоминимумы, the representing political unions exercising the general administration two or great number of external territories but in such a manner that the population of these states (Andorra) has the big freedom of self-management;

- ассоциированные the states functioning on the basis of the contractual unions which can be suspended on in advance stipulated conditions (Cook islands and New Zealand, Marshall Islands and the USA);

- The contractual unions representing a political system at which the big state operates smaller, not having almost any return influence on it (Butane and India).

IV. According to the forms of government by which mean certain structure and a legal status of the supreme bodies of the government, in a political science it is accepted to allocate monarchy and republics. Monarchy (from греч. monarchia - autocracy) represent such form of a state system a source and simultaneously the higher expression of the power in which is one person inheriting conferred powers and consequently not dependent on choice of the population. They happen absolute where the higher executive and legislative functions entirely belong to individual heads of the state (Saudi Arabia, Oman, Qatar), and also constitutional where the power of the governor, the real mechanism of the power operates within the limits of the constitutional norms limiting powers of monarchs by functions of other authorities. Constitutional monarchies, in turn, share on дуалистические where the monarch is allocated basically executive and partially by legislative functions (Jordan, Kuwait, Bahrain, Morocco) and parliamentary where monarchs basically possess representation functions (Great Britain, Spain, Sweden).

Republics (from an armour. res publica - public business) is meant by the forms of government, different elective character of the supreme bodies of the government. Republics happen parliamentary and presidential, different special relations between executive and legislative branches of the power. So, in parliamentary republics (Germany, Italy, Greece) the president is the head of the state, but thus possesses basically representation functions. The government led by the prime minister plays a paramount role in political life, is formed by parliament before which bears responsibility for the activity. Head of the governmental office is the first person in the state. In presidential republic (the USA, Brazil, Mexico) parliament and the president occupy independent under the relation to each other position. The president is the chief executive, the head of the state, is selected all population and consequently does not bear responsibility before parliament. It appoints the government, possesses the major prerogatives in the field of a management of armed forces, civil authorities. The parliament in such countries is deprived possibility to send the government in resignation, but also the president cannot dismiss parliament, basically possessing only отлагательным the veto on bills of parliament which can be overcome the qualified majority of members of parliament at repeated voting.

Along with these settled models of the organisation of the government in the world there were also such forms which cannot be carried unequivocally to this or that type of board. Among the similar mixed forms it is possible to note superpresidential (Bolivia, Colombia, Honduras) where the presidency institute extremely concentrates all higher powers of the basic branches of the power and occupies almost uncontrolled position in the state. Other form of the mixed board is the prezidentsko-parliamentary or semipresidential republic (Ireland, Portugal, France, Finland). Here the government has a double system of responsibility before the president and parliament, the leader to volume that the strong presidential power incorporates to control over the government from parliament.

V. The Modern political science prefers to consider the states from the point of view доконституционного and the constitutional periods of their development. Started to be formed during an epoch of Education the constitutionalism system has solved the major historical problem - it has given the due legal form of activity of the state, having distributed powers and functions of its various branches and bodies and having made the law the major reference point of activity of the authorities. The state functioning according to the public contract-constitution, from могущественнейшего the centre of compulsion and violence over the person began to change in the most reliable defender of its rights and freedom. Under the influence of liberal constitutions the lawful state which qualitative basis was orientation of all its bodies to values of human rights, and the law, the right, system of steady norms and behaviour rules as state structures in the West began to develop, and separate persons and the private organisations have turned to the basic regulators of political conflicts, intergroup contradictions.

The basic signs of a lawful state are leadership of the law in all spheres of life of a society, the reality of the rights and personal freedoms, maintenance of its free development, mutual responsibility of the state and the person, a strong mode of legality and stability of a legal order. One more major characteristic of a lawful state is real division of the authorities. Orientation to division of the rights and powers of various levels of the authorities, an establishment of their rights and prerogatives in influence on the government means creation of system of controls and the counterbalances, the stability of a political order directed on preservation, on maintenance of balance of forces and a constant finding of the compromise between them.

The state which in the actions submits to the law and only the law, can exist only under a condition, when the civil society - the human generality developing in the democratic states presented by a network of voluntary formed not state structures (association, the organisation, association, the unions, the centres, clubs, funds) in all spheres of ability to live of people becomes its social basis. It shows real level of self-organising of society, fixes that is minimum sufficient level of restrictions which designates prerogatives as citizens, and state structures.

In Russia process of formation of a civil society has appeared difficult and inconsistent. Public amateur performance and finding by people of the civil rights and freedom it was historically carried out by association of individuals within the limits of local government, distribution on all society регулятивных community functions. It not only gave national specificity to process of formation of a civil society, but also its development braked, having caused its big dependence on the state. The essential factors which have predetermined the Russian specificity of this process, were also low popularity of liberal values in a society, and that the social leader of formation of a civil society was not the layer of businessmen, as in the West, and intelligency. It has not simply narrowed economic possibilities of rooting of a civil society, but also has given to the given process character a little torn off from social structure. At the same time formation of a civil society in Russia proceeded and proceeds at high level of interethnic integration that smoothes many conflicts taking in due time a place in the West. Overcoming of difficulties on a way of creation of a civil society - pledge of strengthening of the Russian democracy.

VI. The lawful state Statement as political reality did not mean end of historical evolution of statehood. Depreciation to a certain extent is formal-legal equality of individuals within the limits of a lawful state has led to occurrence in the developed countries of the social state. It at the expense of the address help provided realisation of the individual rights of representatives of the weakest levels of population for the account redistribution in their advantage of the state budget, change of a policy of employment, retraining of personnel, maintenance of inhabitancy favorable for the person etc.

Development in a direction of creation originally democratic, a lawful state acts as a leading world tendency which characterises life of many modern states, especially European. It has found the reflexion and in the Constitution of the Russian Federation accepted on December, 12th, 1993. The organic law has proclaimed our country democratic, legal, social and a federative state with the republican form of government. One more global tendency can be formulated as democratic self-restriction of the sovereignty of the states. The third of them finds out itself in government decentralisation, the fourth - looks through in integration of the economic and political life which are especially visually shown by the European union.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOT STATE POLITICAL INSTITUTES

 

In process of specialisation of various public spheres in society automatically there are the groups of interests which are one of the basic channels of political activity of citizens.

David Truman

 

I. In the beginning of the XXI-st century activity of parties, groups of interests (trade unions) and social movements (civil initiatives) along with the state is perceived in democratic societies as the integral and natural component of the world of a policy. And after all still recently, that is 100-200 years ago, in the majority of the countries not state political organisations have been forbidden or were on illegal position. Through the period of interdictions and secret, informal existence in the past have passed hardly probable not all types of public associations - from parties to Masonic lodges and from trade unions before anti-war movements.

The beginnings of the modern approach to understanding of groups of interests are developed by the classic of the American political science Arthur Bentley (1870-1957) in the book "Managerial process" (1908). In it the author has considered a special filosofsko-sociological way of consideration of political life, some kind of philosophy of group pressure according to which the policy does not exist at all without group activity. The macropolicy, on Bentley, consists not of the state and its structures, and from “a primary matter of struggling political groups”. Groups of interests in the modern politological literature are defined as mainly the voluntary associations adapted or specially created by people for expression and upholding of imperiously significant interests in relations with the state, and also with other political institutes.

Groups of interests on character of their activity are divided on one-target (they develop for achievement of one purpose) and multi-purpose (whose activity is not limited by specificity of separate problems). The French political scientist Moris Djuverzhe allocated special (engaged only with political activity) and partial (carrying out more a wide range of the social functions connected with the organisation of business, etc.) of group of interests. From the point of view of their number Thomas Daj and Harman Zigler allocate the mass groups, capable to achieve symbolical success, and also the small groupings capable thanks to the unity persistently to achieve of the purposes and “to exhaust contenders”.

For a designation of group of interests other terms, in particular, pressure group, a lobby, the union are used also. The term pressure group has appeared for the first time in the USA approximately in the mid-twenties XX century, and early studies of activity of these associations concern to 1928-1929 Originally the characteristic of groups of pressure has been connected with specific ways of performance by them of the functions. So, Rozhe-Zherar Shvartsenberg specifies that they were considered as the organisations created for protection of interests and rendering of pressure upon the public authorities on purpose to achieve acceptance of such decisions which corresponded to their interests. Activity of such groups, in its opinion, is not simply pressure upon the power from above, sideways or from below, and the mechanism of the hierarchical coordination of decisions, redistributions of the power by the conclusion of transactions between бюрократиями and not numerous exclusive groups. As underlines With. Файер, associations of this sort of citizens aspire to have purposeful influence on political process, but thus do not apply for direct participation in government, thereby avoiding any political responsibility for the actions. It is possible to carry to features of actions of groups of pressure and that they are active basically only in acceptance sphere (executive or legislative) decisions.

The variety of groups of interests in the modern world complicates them типологизацию. It is the most easier to spend it on distinction of so-called steams-antagonists: material - spiritual, public - private, formal - the informal etc. Certain recognition of political scientists was received by the classification offered by Ulrihom a background by Alemanom in the late eighties:

- The organised interests in economy and a professional life: enterprise associations and associations of independent workers, trade unions, the consumer unions;

- Groups of interests in social sphere: associations on protection of the social rights (a society blind), associations of social achievements (welfare funds), self-help groups (on narcotism opposition etc.);

- Group interests in the field of leisure: sports clubs, clubs for dialogue and hobby realisation;

- The organised interests in spheres of religion, a science and culture (church, sect, scientific associations, general educational mugs, clubs on art);

- Groups of interests on political activity: spiritual, ethical, remedial associations, political associations - ecological, feministic, movements in support of national minorities etc.

II. Activity of groups of pressure quite often is called as lobbyism (from English lobby - a lobby, a lobby, a corridor). In modern political language this term means a way of the decision of those or other questions, including political, in favour of someone's interests by influence on legislators, government officials and other officials; activity of the social groups defending the political interests.

In the Dictionary of English language of 1553 of a lobby the walking platform in a monastery where monks discussed theological questions was called. One century later so began to name a premise for walks in the House of Commons of English parliament. But political value is a word has got even two centuries later when in 1864 the term "lobbying" has started to designate purchase for money of voices of deputies in the Congress of the USA. Since 1946 lobbyism is registered and is in this country under control of state structures. Contrary to ordinary representations, lobbyism - not only secret payoff, but also argument system, the mechanism of preparation and acceptance of socially constructive certificates. Lobbyism as the multistage phenomenon is crowned with the politician (or group of politicians), offering or carrying out decisions; The middle is made by many thousands group of experts, advisers, executors, often it there are officials and statesmen, professional lawyers, experts in public opinion etc. the Basis - this or that social, political, ethnic and any other group, movement. The state managed a number of mechanisms of lobbyism to take under the control, but the nature of this social phenomenon excludes full possibility of such control.

Lobbyism is always rigidly connected with the political power. It is possible to deduce law: it is more than it there where the power is most real. The most powerful “pressure groups”  also are the actual power which is not simply influencing, but supervising the finance, shots, the press, process of acceptance of the state decisions. In it their difference from the power formal - political institutes and policy makers in their traditional understanding as the persons only representing and sounding (at the best - personifying) the power, making formal certificates of discussion, the coordination and vising of already accepted decisions, maintenance of legal fastening, легитимации decisions of the actual power. Even the presidents formally depending on voters, instead of from lobbist clans, quite often a little that can undertake without the coordination of the intentions with leaders of the groupings, which proteges they, as a matter of fact and finally, are. Only in transitive societies where traditional groups of pressure are destroyed or weakened, and new have not developed yet, rather independent role of the separate "self-sufficient" person is possible and its charisma can be notable.

III. In Russia lobbyism is carried out in enforcement authorities more often. It is connected by that questions at issue of development of our country legislature for the present dare seldom. Actually it occurs through presidential decrees and the governmental orders which play a dominating role in system of legal regulation and have direct action. In mass-media especially allocate lobbying in Presidential Administration of the Russian Federation where businessmen quite often solved questions with benefit for themselves by skilful “подсовывания” under a presidential hand of preferential decrees. So, the decree of the president of the Russian Federation from December, 6th, 1993 “About maintenance of reliable gas supply of consumers of Russia with joint-stock company Gazprom in 1994-1996” to this enterprise granted clearing of the import customs duties on the equipment, materials and the goods. Under the same decree the means enlisted in fund of stabilisation and development by Russian Open Society "Gazprom" were deduced from under the taxation.

In February, 1995 the Fund of development of parliamentarism in Russia has organised “a round table”, devoted to a problem институционализации lobbyism. In its frameworks the bill of regulation of lobbist activity in Russia was discussed. The order of creation of lobbist structures, their registration, the reporting before authorities became a subject of legal regulation, according to the bill. Accordingly, lobbyists admitted only physical and the legal bodies registered as those, that is the bill extended not on lobbyists in general, but only on those who has when due hereunder obtained the licence for the right to be engaged in lobbist activity. To deputies, officials, civil servants it was forbidden to represent itself as official lobbyists. It is obvious that a wide circle including civilised business, but there were more strongly those who preferred to build the mutual relations with the state objectively have been interested in acceptance of the given bill and lobbyists on old - is reserved and корыстно.

Acceptance any uniform, let and the advanced "civilised" law on lobbist activity hardly is capable to eliminate corruption in corridors of the Russian power. Control mechanisms over this activity should be built in all accepted acts regulating functioning of institutes of political system. A key role in “окультуривании” the given phenomenon in Russia can and “the fourth power” - a free press should play. It is a question that it is necessary to acquaint widely citizens with activity of group interests, regularly to shine a course and results of contacts of representatives of the power and these groups. Lobbyism acts as the democracy companion, therefore from it it will not be possible to leave to any society which will wish to develop on a democratic way. For Russia it means that on a measure вплетения norms and democracy principles in social practice lobbyism will gradually turn to necessary sociopolitical institute.