The state apparatus is a system of bodies, organizations and institutions that exercise state power to achieve their goals and accomplish their tasks. His activity is aimed at developing generally binding rules of conduct, their enshrining in legal norms, use in legal relations, ensuring the effectiveness of sanctions and guarantees provided.
The state apparatus and its signs
- formed in order to implement the goals and objectives facing the state;
- creates legal norms generally binding for execution;
- has a monopoly on state enforcement;
- the basis of the formation and functioning of the state apparatus is a professional principle, that is, its employees exercise the authority granted to them on a professional basis, without engaging in other socially useful activities;
- To ensure the implementation of its functions, it includes government agencies and “material appendages,” that is, the police, the army, military units, customs, and others.
Structure
The functions of the state are enshrined in the constitution and other legislative acts that guide the activities of bodies and their officials included in the state apparatus. The structure of the latter depends on the tasks facing the state. It includes state bodies that carry out regulatory functions for managing affairs in the country; law enforcement and law enforcement and public safety; foreign policy related to relations with foreign states.
The formation of the state apparatus occurs through the formation of government bodies, the activities of which include the implementation of state functions. The most common methods are elections and appointments. A government agency is an independent structural unit of state power endowed with power.
Signs of a state body :
- a complex internal structure, since it consists of units and necessarily includes civil servants;
- financing is made from the state budget;
- performs public functions, including coordination, regulatory and other forms of managerial activity in accordance with competence;
- reporting to the state authority that established it.
The state apparatus includes civil servants, that is, persons who are in the civil service, whose activities are aimed at ensuring the authority of state bodies. The officials included in their composition act on behalf of the state and within their competence, make decisions binding on other parties to the legal relationship. A special place is occupied by persons holding senior government posts. These are the president, ministers, chairmen of the chambers of parliament, the prime minister and others who hold office through elections.
Replacement of posts in state bodies is carried out mainly by appointment. The state apparatus may also include some state institutions that extend their activities to other institutions or persons who are not directly subordinate to them. State-owned enterprises are not included in the structure, because although their administrations have the right to make managerial decisions, they are only internal to manage their own activities.
Principles
The state apparatus functions on the basis of general principles enshrined in the constitution. In democratic societies, these include: democracy, the rule of law, professionalism, separation of powers, centralism, and a number of others.