Signs of the state - the grounds for the recognition of

click fraud protection

State as a legal phenomenon has a set of distinctive features that separate it from other socio-cultural formations.These characteristics in legal science are called "signs of the state."Legal scholars have different views on the composition of these features, however, they point out the main and secondary characteristics.Basic (they are mandatory) characteristics of the state make it possible to distinguish it from other associations of people.Secondary features marginalize the country out of the total weight of their own kind.So, look at them.

Mandatory signs state .

State Formation of tribal communities was due to give it special features.They were the territory, population, sovereignty and public power.

Population (people) .This is the first and main characteristics.This assertion stems from the very definition of the state.In the absence of the people can not be detected and other features of the state.At the same time it should be remembered that the population can not be limited by any rigid framework, such as: race, gender, national, professional, religious.In the event that this happens, we should speak of a nation or a union, etc.Combining population in the state is based on a common goal, formulated in the form neprekoslovno executable rule (law).

Territory .In the pre-state period, people tend to be united in groups and migrated as far as the depletion of food stocks in a particular area.With the emergence of the same state union established provisionally fixed halo habitat, securing its borders on land and water areas, and in the airspace.Within the territory of the same law, it is mandatory for the entire population.

sovereignty. This feature is characterized in that in the state, all power is only the population of the country.The same applies to the representation of their interests in international relations.

public power .The tribal communities of decision on the fate of the tribe was taken at the general council of all the members of the group.In the state of the people delegate their right of representation on the management of the state to certain persons.They may be elected or appointed.Public authority is characterized by the presence of an authorized administrative staff, operating under the terms of legitimacy.

Thus, the main distinctive features of the state are the people (population), territory, sovereignty and public power.But we should remember that the same traits may have gosudarstvopodobnye and education.Therefore, a list of additional features, separates him among communities of people.

Secondary signs state .

first of this category of features is the presence of the legal system .People living in a particular area, set their generally binding regulations for failure that should be punished.

The second sign is the presence of the tax system, the purpose of which is to finance the activities of the state, its government agencies and social programs.

third characteristic is the formation and functioning of special bodies in the state to ensure the execution of mandatory rules of conduct, with which a system of law.To this should also include the grounds and the presence of the army, which is responsible for maintaining the integrity of the state within a fixed territory.

fourth feature are the presence of the distinctive character of the state - the coat of arms, flag and anthem.

worth noting that, despite all its diversity, signs of the state must comply with the special "bundle" - State + right.This statement is based on the fact that the people who actually is a cornerstone of the country can not function without a clearly defined framework of conduct, with which, and are laws, legal traditions, by-laws, court cases, etc.Lawyers tend to allocate the provision in a particular line, it is not referring to any major nor minor.

In conclusion, it should be noted that the signs of the state - is the special characteristics which allow to allocate a special community of people from other similar ones.They are important becausecompliance with them indicates the possibility of recognition of the state as such internationally.