A state is called legal with a democratic form of government in which the rule of law and the equality of the people before an independent court and law are ensured. It guarantees and recognizes the freedoms of a citizen, and the basis of state power is the basic principle of separation into legislative, judicial and executive. It is limited only by the rule of law. In the absence of democracy, a rule of law cannot exist. Freedom of economic activity, developed civil society are among the main features of such a state.
Civil society is a free legal society that is developing under the conditions of a democratic regime, a society focused on a specific person. It fosters respect for laws and traditions, humanistic ideals, provides freedom of entrepreneurial and creative activity, provides an opportunity to achieve prosperity and to realize each their own rights - as individuals and citizens.
In civil society, which gives us the rule of law, there are many independent institutions, unions, organizations that operate within the law and serve as a barrier to the monopolization of power. This society is developing together with the state.
The main functions of the rule of law:
- Economic function. It regulates market relations, a multistructure economy with the complete independence of private enterprises, as well as the production of products necessary for society.
- Law enforcement function. Protection of individual freedoms and rights, maintaining order in society.
- Social function. Providing the immediate needs of citizens, environmental protection, free medicine and so on.
The ideas of the rule of law are expressed in the basic laws of many modern states. His ideas are aimed at restricting power to law; the establishment of the rule of law, not of man; ensuring the safety of citizens.
The rule of law in Russia. Its main features:
- Exclusion of monopolization, usurpation of power by one person, body or social layer. Montesquieu said that this leads to "terrifying despotism."
- The Constitutional Court is the guarantor of the stability of the state system, which ensures the legality and supremacy of the Constitution. Other laws and regulations must comply with the basic law of the state .
- The rule of law and law. No body, except the legislative one, has the right to change an already adopted resolution. No normative act shall be contrary to the Basic Law. This symptom is a consequence of the previous one. All priorities are on the side of the Constitution. Laws are revised exclusively in parliament.
- The responsibility of the individual and the state is mutual. A citizen, first of all, bears responsibility to state bodies, but at the same time, the state is not free from the obligations undertaken.
- All persons, both official and private, legal and physical, are equal before the law. The state has no right to violate the Basic Law.
- Legal culture of citizens. Persons should know their duties and rights and be able to use them;
- The trust of citizens in government agencies.
In the phrase “rule of law” in the first place, first of all, is “law” and only in the second - “state”. His supremacy is a fundamental sign that predetermines all other signs. The inviolability of the law is enshrined in the Constitution. Lasting power in this state is characterized by the fact that it is combined with the rule of law, and a society in which the rule of law is developed is a priori disciplined.