правовое государство

The article is devoted to the preparatory stages of the new 1993 Constitution of the Russian Federation. Some aspects of political and legal ideas of various groups of population about the new Constitution and its role in the formation of the Jural State in Russia are covered. The role of the Russian President in preparation and adoption of the 1993 Constitution of the Russian Federation is discussed.

In work are stated political-legal representations about a lawful state from the moment of an establishment of the Soviet power in Russia till 70 th years ХХ centuries.

In the article are analyzed national ideas of a lawful state in doctrines of pre-revolutionary Russian scientists – jurists. It is a question of necessity of historical continuity at creation of this social institute in modern Russia. Ideas which have not lost the importance are considered.

Introduction. There is no sufficient difference in comprehension of the law-governed state in legal literature and research. Focusing on the existing theories of the law-governed state, modern authors of scientific publications and manuals compose lists of features of the “true law-governed state”, “welfare state” as well as their antipode – “police ridden state”. Theoretical analysis. The phenomenon of the law-governed state is existing in the normative ideological, institutional and functional dimensions.

The given article is an attempt to view the policy of development of rule-of-law state in Russia from the point of view of functional system. The author achieves the goal through analysis of various concepts within system approach.

The article analyzes the problems of state compulsion in a legal state as the primary method of control. The author, using the historical method, demonstrates the practical application of compulsion in the Russian state. Indicated that, in the modern state compulsory measures can be used in several guises. In particular, as a means of overcoming social conflict and the fight against terrorism. There are several arguments justifying the need for compulsion in the modern legal state.