Legal called a state with a democratic form of government in which the rule of law is ensured, equality of people before an independent tribunal and the law.It is recognized and guaranteed by the freedom of the citizen, and at the heart of state power is the basic principle of separation of legislative, judicial and executive.It is limited only by the law.In the absence of democracy, state of law can not exist.Freedom of economic activity, development of civil society are the main features of such a state.
Civil society - a free legal, developing in a democratic regime, society-oriented person.It fosters respect for the laws and traditions, humanistic ideals, provides for freedom of enterprise and creativity, enables to achieve well-being and to realize their rights to everyone - as a person and citizen.
In a civil society, which gives us the rule of law, there are many independent institutions, associations and organizations, which act within the law and serve as a barrier to monopolize power.This society is developing, together with the state.
main functions of the rule of law:
- economic function.It regulates the market economy, mixed economy with the full autonomy of private enterprises, as well as the production of products demanded by the society.
- law enforcement functions.Protection of rights and freedoms of the individual, the maintenance of order in society.
- social function.Providing immediate needs of citizens, the environment, free medical care and so on.
ideas of the rule of law are expressed in the fundamental laws of many modern states.His ideas are aimed at limiting the power of law;the establishment of the rule of law, not the person;ensuring the safety of citizens.
rule of law in Russia.Its main characteristics:
- exception of monopolization, the usurpation of power by one person, body or social stratum.Montesquieu said that this leads to a "terrifying despotism."
- Constitutional Court - the guarantor of the stability of the state system, which ensures the legitimacy and supremacy of the Constitution.Basic Law of the State must comply with other regulations and by-laws.
- rule of law and the law.No body except legal, can not change the decision already taken.No regulation should not conflict with the Basic Law.This feature is a consequence of the previous one.All priorities are on the side of the Constitution.Revise laws exclusively in Parliament.
- responsibility of the individual and the state is mutual.Citizen primarily responsible to the public authorities, but at the same time, the State is not free from the obligations to take on.
- All individuals as officials and private, legal entities and individuals are equal before the law.The state has no right to violate the Basic Law.
- legal culture of citizens.Individuals need to know their obligations and rights and to be able to use them;
- Citizens' trust in public institutions.
In the phrase "state of law" in the first place, first of all, is the "right" and only the second - "state."Rule of it - a sign of a fundamental, pre-empting all other signs.The inviolability of law enshrined in the Constitution.Robust power in the State is characterized by the fact that it is combined with the law, and society in which the rule of law developed, a priori, is disciplined.
