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Some ideas and lawful state formulas have received for the first time the legislative fastening in the Constitution of the USA 1787 and in the Declaration of human rights and the citizen, with the proclaimed French revolution on August, 26th, 1789 we Will allocate some positions fixed in the Declaration: freedom consists in possibility to do that does not harm another; the law is expression of the general will; all citizens have the right to participate personally or through the representatives in its creation; everything, that is not forbidden by the law it is permitted, and nobody can be forced to the action which is not ordered by the law.
In a scientific turn the term "lawful state" in first third XIX century German lawyers R.Mol and K.Velker have entered Into Russia ideas of a lawful state developed Kistjakovsky, Kotlyarevsky, V.M.Gessen.
In ХХ century with development of the international integration the classical concept of a lawful state has been added by idea about necessity of submission of national legal systems to the world community right. Many European states have made the decision, that in case of a divergence of the law of the country with the international contract courts are obliged to be guided by the last. Political scientists carry to number of distinctive signs of a lawful state now not only leadership of the law, but also its conformity to international law.
So, it is possible to name following characteristics of a lawful state: a priority of human rights; free, independent court; a principle of leadership of the constitution (organic law) under the relation to other laws; mutual responsibility of the citizen and the state; a principle of division of the authorities; a priority of norms of international law.
Ideas of a lawful state find expression in constitutions of the modern states. The organic law of Germany says: «the Legislation is connected by the constitutional system, an executive power and justice - the law and the right». The modern Constitution of the Russian Federation (item 1) testifies: «the Russian Federation - Russia is a democratic federal lawful state with the republican form of board», unfortunately, real legal experts of the Russian statehood still are far from a lawful state ideal. Therefore definition of the Russian Federation as lawful state can be considered as a political end to which all of us aspire.
THE LITERATURE LIST
1. Public administration//Encyclopedia Americana. 1996. №22.
2. Gregoire R. The French Civil Service. Brussels, 1974.
3. Greenwood J., Wilson D. Public Administration of Britain. Winchester, 1984.
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