Signs of the state - grounds for recognition

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 were called "signs of the state." Lawyers have different points of view on the composition of such traits, however, they all sing out the main and secondary characteristics. The main (they are also mandatory) signs of the state make it possible to distinguish it among other associations of people. Secondary features separate the country from the total mass of their own kind. So, consider them.

Obligatory signs of the state .

The formation of the state from the tribal community occurred as a result of giving it special features. They are territory, population, sovereignty and public authority.

Population (people) . This is the first and main characteristic. This statement comes from the very definition of the state. In the absence of the people, other distinctive features of the state can not be determined. At the same time, it is worth remembering that the population can not be confined to any strict framework, such as: racial, sexual, national, professional, religious. In the case when this happens, you should talk about the nation, the trade union or the like. The union of the population in the state is built on a common goal, formulated in the form of an unconditionally executed rule (law).

Territory . In the pre-state period, people, as a rule, joined in groups and migrated with the depletion of food reserves in a certain territory. With the emergence of the state, the same associations established a conventionally fixed halo of habitat, fixing its boundaries both on land and water areas, and in airspace. Within the territory of the state there are unified laws that are binding for the entire population.

Sovereignty. This feature is characterized by the fact that on the territory of the state all the fullness of power is exercised only by the population of the given country. The same applies to the representation of their interests in international relations.

Public authority . In tribal communities, decisions about the fate of the tribe were made on the general council by all members of the group. In the state, the people delegate their representational rights to manage the state to certain individuals. They can be elected or appointed. Public power is characterized by the presence of an authorized administrative apparatus, functioning under conditions 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 similar features can also be enjoyed by state-like entities. Therefore, an additional list of characteristics is necessary, isolating it among the communities of people.

Secondary signs of the state .

The first of these features is the availability of a legal system . People living in a certain territory, establish their generally binding rules, for the failure of which follows punishment.

The second sign is the existence 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 ensure the implementation of generally binding rules of conduct, which is the system of law. This attribute should also be attributed to the presence of the army, whose responsibility is to preserve the integrity of the state within the framework of the assigned territory.

The fourth feature is the presence of distinctive symbols of the state - a coat of arms, a flag and a hymn.

It should be noted that, despite all its diversity, the signs of the state must correspond to a special "bundle" - state + law. This statement is based on the fact that the people, which in fact is the cornerstone of the country, can not function without a clearly defined framework of behavior, which become laws, legal customs, by-laws, judicial precedents , etc. Lawyers, as a rule, allocate this position in a special feature, not relating it to either basic or secondary.

In conclusion, I would like to note that the signs of the state are special characteristics that make it possible to single out a special community of people among others like it. They are important, because. Conformity to them means the possibility of recognizing the state as such at the international level.