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17SOME METHODOLOGICAL APPROACHES TO THE STUDY OF THE
ESSENCE OF THE STATE
F. S. Azimova
Student of the MGIMO, Ministry of Foreign Affairs of Russia
f. azimova7@mail. ru
ABSTRACT
This article discusses the history of the emergence of the state system, some methodological approaches to the study of the essence of the state. The state as a union will exist as long as people need it, i.e. as long as people need to be forced to maintain a fair legal order.
Keywords: history, essence, methodology, thinkers, perception, state theory, legal union.
The history of the science of the state is a complex, multifaceted process. Within its framework, knowledge is accumulated and enriched about the nature, structure and functions of statehood, about its origin and evolution. But before proceeding directly to the definition of the concept and essence of the state, in our opinion, one should pay attention to the fact that their interpretation was far from unambiguous. The reason for this was the different methodological approaches to the study of the essence of the state. Thus, in works devoted to the state of the Soviet period, its essence was considered unequivocally from class positions, as an instrument of unlimited power, the dictatorship of the ruling class, which was completely refuted by the entire course of state-legal reality.
It was this approach to interpreting the essence of the state that was unreasonably rejected as idealistic and unscientific by numerous non-Marxist teachings about the state - from Aristotle to his current followers in Western European science. And this was done because most of them, despite their differences, agree on the understanding of the state as an institution of social compromise and achievement of the common good. Finding out how the state was perceived in the history of state studies should begin with Aristotle. It appears to him as a set of people united and interconnected in a certain way through political communication. He considered the core of this communication "the power by virtue of which a person rules over people like himself and free." The perception of the general image of the state as a single civil community, a political community has long been entrenched in the history of European legal science.
In general, Aristotle turned out to have many followers in this regard. Of the previous subjects "Theory of State and Law", "Political and Legal Doctrines", "History
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of the State and Law of Foreign Countries", we will name just a few of them: Cicero, Thomas Aquinas, Grotius, J. Locke, I. Kant, J. Boden, T. Hobbes, J.J. Rousseau. All their teachings and views are united by one thing that the state is a union that is not formed for a period - it is an indefinite union. Although this does not mean that it does not foresee the end of its existence. It is just that the state as a union will exist as long as people need it, i.e. as long as people need to be forced to maintain a fair legal order. This means that the state itself must be solid, it must have a strictly defined character: the state is an organization, i.e. a union organized and living based on binding rules. These rules, to which the whole structure and the whole life of the state is subject, are legal norms. Consequently, the state is not just a union, but a legal union, organized and operating according to legal norms. But at the same time, one should not think that the state is above law, that it (law) is subordinate to it.
The very creation of law and the maintenance of law is carried out by the state according to legal norms. The state is a legal union, a subject of law, having powers and obligations both in relation to other states and in relation to its citizens. Each legal norm established by the state binds him, imposing on him the obligation to support and accept the established norm. Due to the existing links between globalization, on the one hand, and the process of development and improvement of law at the present stage of the evolution of society, on the other hand, it seems impossible to deeply and comprehensively understand the essence and development trends of the latter without a clear understanding of the former. In modern science, the relationship between the state and law, the need for a legal basis for power and the state is generally recognized. But at the same time, one should not assume that law and law are identical. Otherwise, it will turn out that any organization of public political power can be considered a state one, since despotic power can also be based on laws. If we proceed from the difference between law and law, then it should be recognized that state power is only such public political power, in which at least part of the subject, part of the members of society is free. On this basis, different concepts of the state are built.
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