Essay
TOPIC: What appeared earlier right or state?
DID:Tolegenov Maksat 1-001A group
The concepts of "state" and "right" are closely interrelated. The basis of the relationship between state
and law is the institutional nature of the existence of law. The nature and content of the correlation of
state and law reveal the principles of primacy and rule of law.
The principle of the primacy of law in relation to the state can be revealed through two interrelated
aspects. The first aspect is historical. The primacy of law is due to its nature. Being an attribute of any
social subject, it is not granted by anyone and cannot be alienated by anyone.
Right arises simultaneously with the emergence of social interaction, that is, with society. The state is
formed only at a certain stage of development of the latter. As Cicero rightly noted, the law arose earlier
than any other state was founded at all. Therefore, the right is primary because it precedes the state in
time.
The second aspect is functional. The secondary nature of a state is also manifested in the fact that a
state is conditional, predetermined by law, arises not only later than law, but from its needs as an organ
that should give the law a generally obligatory form and ensure its functioning.
The relation of the primacy of law in relation to the state in historical and functional terms
simultaneously indicates.
And the rule of law in relation to the state, and therefore, the dependence of the state on the right. In
fact, often there is a violation of this principle. The state, contrary to its objective purpose, is endowed
with the function of the creator of law. In this case, law and the state seem to change places: the state is
the source of law, and law appears as a secondary tool generated by the state to serve its interests.
From here arises the wrong, though based on reality, the opinion that the rights and freedoms granted
to citizens, social groups and nations is a kind of “gift” of the state to the people. And if so, then the
state can carry out dosage of the right or even deprive of the gift, which in practice has been repeatedly
and successfully implemented.
What is the essence of the rule of law?
The rule of law means its primacy over the state, the need to subordinate the state to law. From this the
following follows. First, each official, any state body should not take actions that are not provided for by
law, that is, the state cannot be free, independent of the right.
Secondly, the state must and cannot but do the actions that are entrusted to it by law. Today, many
laws in Russia do not operate even in the presence of the necessary circumstances, and this testifies to
the state’s non-fulfillment of the task assigned to it to exercise the right, which is unacceptable. The
inaction of the state is also unacceptable when it does not take measures to restore the violated rights
of citizens.
Thus, the observance of the principles of primacy and the rule of law is aimed at the inadmissibility of
the separation of the state from the people, and therefore, of arbitrariness towards the people.
For if a state acts within the framework of the law, then this means that it:
1)does not have any personal interests other than the interests of the people, and does not use power
for its own purposes;
2)objectively performs the will of the people and is in his service;
3)subordinated to the people and responsible to them.