MODELS OF STATE MECHANISMS: INSTITUTIONAL AND HISTORICAL-LEGAL ANALYSIS
Abstract and keywords
Abstract:
The institutional element of the state usually implies the organization of state power, and, therefore, considering the state as an institution of institutions according to M. Oriu [1] allows us to study the organization of the state, the apparatus of the state as a set of government bodies, managerial positions and stable connections between them. The institutional method of legal science, proposed by us earlier, will help us with this and will be used [2]. The mechanism of the state, as the classical theory of law and state insists, is an organization of power or a hierarchical organization that exercises state power [3, p. 565]. In our opinion, due to the fact that the hierarchy of the organization of state power is not identical in different states, moreover, the organization of state power in a single state is a unique phenomenon, a unique set of government bodies with their competencies, rights and responsibilities, managerial positions and a unique a set of stable connections between them, then the mechanism of the state, as well as the ways of organizing power relations, differ from state to state. However, the article makes an attempt to highlight stable models of state mechanisms using historical, legal and institutional legal methods of scientific knowledge.

Keywords:
institutional legal method, state mechanism, state apparatus, state, institution
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References

1. Hauriou M. Fundamentals of public law. M. : Publishing House of the Communist Academy, 1929.

2. Osipov V. S. Institutional method in state-legal research // Issues of economics and law. 2020. № 150. P. 21–25.

3. Nersesyants V. S., Lazarev V. V., Lapaeva V. V. etc. Problems of the general theory of law and state. M. : Norma, Infra-M, 1999.

4. Malinovsky A. A. History and methodology of legal science. M. : Prometheus, 2022.

5. Vorotnikov A. A. Bureaucracy and the state: history of relationships // Bulletin of the Saratov State Law Academy. 2014. № 4 (99). P. 103.

6. Weber M. Economy and Society. Essays on understanding sociology. Vol. IV Domination. M. : HSE Publishing House, 2019.

7. hirkin V.E. Fundamentals of comparative government. M. : Publishing house «Artikul», 1997.

8. Marchenko M.N. Problems of the general theory of state and law (state). T. 1. M. : Prospekt, 2008.

9. Morozova L. A. Theory of Government and Rights. M. : Yurist, 2003.

10. Chirkin V. E. Comparative government. M. : Norma, Infra-M, 2019.

11. Graeber D. Utopia of rules. About technology, stupidity and the secret charm of bureaucracy. M. : Ad Marginem Press, 2016.

12. Niskanen W. A. Bureaucracy and Representative Government. Chicago : Aldine-Atherton, 1971.

13. Osipov V. Digital State: Creation Through Project-Functional Structure of Public Administration. In Book: Post-Industrial Society. The Choice Between Innovation and Tradition. Palgrave Macmillan, 2021.

14. Osipov V. «Who Will Rule?»: Institution of State in the Transformation Process of the Twentieth and Twenty-First Centuries. In Book: Post-Industrial Society. The Choice Between Innovation and Tradition. Palgrave Macmillan, 2021.

15. Shtyrbul A. Stateless societies in the era of statehood. M. : Common Place, 2018.

16. Alekseev A. Not a country, but one name. What happened in Somalia during 60 years of independence // URL://https://www.kommersant.ru/doc/4405229#id1217512

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