The state as a legal phenomenon has a setdistinctive features that separate it from other socio-cultural entities. These characteristics in legal science are called "signs of the state." Lawyers have different points of view on the composition of such features, however, they all highlight the main and secondary characteristics. The main (they are mandatory) signs of the state make it possible to distinguish it from other associations of people. Minor traits separate the country from the mass of their own kind. So consider them.
Required signs of the state.
Formation of the state from the tribal community occurred as a result of giving it special features. They were the territory, population, sovereignty and public authority.
Population (people). This is the first and main characteristic.This statement arises from the very definition of the state. In the absence of the people, other distinctive features of the state cannot be determined either. At the same time, it is worth remembering that the population cannot be limited 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 unification of the population in the state is based on a common goal, formulated in the form of a rule (law) that is executed without any objection.
Territory. In the pre-state period, people tend tounited in groups and migrated as the depletion of food stocks in a certain territory. With the emergence of the state, the same associations established a conditionally fixed halo of habitat, securing its borders both on the ground and water areas, and in airspace. Within the territory of the state, there are uniform laws that are binding on the entire population.
Sovereignty. This feature is characterized by the fact thatTerritory of the state all power is exercised only by the population of this country. The same applies to the representation of their interests in international relations.
Public authority. In tribal communities decisions about fatetribes were accepted at the general council by all members of the group. In the state, the people delegate their representative rights for managing the state to certain individuals. They can be elected or appointed. Public authority is characterized by the presence of an authorized administrative apparatus, operating under conditions of legitimacy.
So the main distinctivesigns of the state are the people (population), territory, sovereignty and public authority. But it should be remembered that state-like formations can have the same features. Therefore, an additional list of characteristics is necessary, separating it among communities of people.
State secondary signs.
The first of these traits is law system. People living in a certain territory, establish their generally binding rules, for the non-execution of which should be punished.
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 to formand the functioning in the state of special bodies ensuring the implementation of generally binding rules of conduct, which is the system of law. This attribute should also include the presence of the army, whose duties include maintaining the integrity of the state within the fixed territory.
The fourth feature is the presence of distinctive symbols of the state - a coat of arms, a flag and a hymn.
It is worth noting that, despite all hisdiversity, signs of the state must correspond to a special “bundle” - the state + right. This statement is based on the fact that the people, which in fact are the cornerstone of the country, cannot function without a clearly defined framework of behavior, such as laws, legal practices, secondary legislation, judicial precedents, etc. Legal scholars, as a rule, distinguish this provision in a special feature, without relating it to either the main or the secondary ones.
In conclusion, I would like to note that the signsStates are special characteristics that make it possible to distinguish a particular community of people among others like it. They matter because compliance with them means the possibility of recognizing the state as such at the international level.
