The state as a legal phenomenon has a set of distinctive features that separate it from other socio-cultural entities. These characteristics in legal science are called "signs of the state." Jurists have different points of view on the composition of such traits, however, they all highlight the main and secondary characteristics. The main (they are also mandatory) features of the state make it possible to distinguish it from other associations of people. Secondary features separate the country from the general mass of their own kind. So, consider them.
Mandatory features of the state .
The formation of the state from the tribal community occurred as a result of giving it special features. They became the territory, population, sovereignty and public authority.
Population (people) . This is the first and main characteristic. This statement stems from the very definition of the state. In the absence of the people, other distinctive features of the state cannot be determined. At the same time, it is worth remembering that the population cannot be limited by any strict framework, such as: racial, sexual, national, professional, religious. In the case when this happens, we should talk about a nation, a trade union, etc. The unification of the population in the state is built on a common goal formulated in the form of an implicitly executed rule (law).
Territory In the pre-state period, people, as a rule, united in groups and migrated as food supplies were depleted in a certain territory. With the emergence of the state, the same associations established a conditionally fixed aureole, fixing its borders both on land and in water, and in airspace. Within the territory of the state, unified laws are binding on the entire population.
Sovereignty. This feature is characterized by the fact that on the territory of the state all power is exercised only by the population of a given country. The same applies to the representation of one’s interests in international relations.
Public authority . In tribal communities, decisions about the fate of the tribe were made at a general council by all members of the group. In the state, the people delegate their representative rights to govern the state to certain individuals. They can be elected or appointed. Public authority is characterized by the presence of an authorized management apparatus that operates on the basis of legitimacy.
Thus, the main distinguishing features of the state are the people (population), territory, sovereignty and public authority. But it should be remembered that state-like entities can possess the same features. Therefore, an additional list of characteristics is needed, isolating it among communities of people.
Minor signs of the state .
The first of these traits is the existence of a legal system . People living in a certain territory establish their generally binding rules, for the failure of which should be punished.
The second sign is the presence of a tax system, the purpose of which is to finance the activities of the state, its authorities and social programs.
The third characteristic is the formation and functioning in the state of special bodies that enforce the generally binding rules of conduct, which are the legal system. The presence of an army should also be attributed to this feature, the responsibility of which is to preserve the integrity of the state within the framework of the fixed territory.
The fourth feature is the presence of distinctive symbols of the state - the coat of arms, flag and anthem.
It is worth noting that, despite all its diversity, the signs of the state must correspond to a special “bundle” - the state + law. This statement is based on the fact that a people, which in fact is the cornerstone of a country, cannot function without a clearly defined framework of behavior, which laws, legal customs, by-laws, judicial precedents , etc. become. Jurists, as a rule, distinguish this provision as a special feature, not relating it to either primary or secondary.
In conclusion, I would like to note that the signs of the state are special characteristics that make it possible to highlight a special community of people among others like her. They matter because compliance with them means the possibility of recognition of the state as such at the international level.