The state and modern telecommunication technologies

Whether loses the importance the state, how historically usual, universal form of political association of a society? Today, and it is obvious in foreseeable prospect - is not present.
Contrary to the widely widespread opinion, the idea global of information space yet can not affect a formal - legal rule of the state, at least, by virtue of two reasons:
First, the question of allotment of the user of telecommunications by legal competences and restrictions still remains in hands of the state just by virtue of it(him), state of exclusiveness, as special subject of the right.
In second - because a degree вовлеченности of the population on is even unsufficiently high.
However idea incorporated in telecommunication technologies defines(determines) a circle of problems, with which , lawyers to confront(meet) in a near future.
The information society(community) has in the basis transnations idea. Any idea having as the basis global, mentions interests of many states, and consequently contradicts one of the basic concepts of the state - sovereignty, Hence, the question consists what to understand that bears(carries) in itself, and as in what measure and on what the developing situation can affect.
What elements will form concept the state? It is obvious, that if to unit concepts of the state, it is possible to isolate the following elements: unity of territory, unity of political management, sovereignty (Territory, Authority, People) [1].
If to consider(examine) a situation literally, the telecommunication technologies do not influence in any way the specified elements. Formally all remains same, as well as before their occurrence. For example territory of Russian Federation does not change, the structure of political management too, people is just manufacturer and consumer of telecommunication technologies.
However on closer examination all appears not so unequivocal.

1. Territorial aspect.

The domination of the state above territory has публично-legal character: not dominium, bat imperium. [2]
However situation by territory is absurd by virtue of the concept of the state. Hence question costs faster about an accessory(belonging) of the right on the things important for general(common) usage or services within the limits of borders, recognized by international community, to group, representing legally fixed expression of supreme political authority.
The novelty consists that besides habitual to us of things of general(common) usage (ground, water, air, недра) arises and the new thing of general(common) usage - information and means of its(her) delivery - telecommunication and telecommunication equipment should be taken into account. However telecommunications - essence the property, is similarly defined(determined) also intellectual product. The property has property of an accessory(belonging), without him(it) it loses the sense, hence, if this property not private(individual), it state.
If to recognize, that telecommunications a thing private(individual), concerning them the state loses the right of possession, usage and order, leaving itself only right to cause their application so that the rights of other persons, including the rights of the proprietor were not mentioned.
If to recognize, that modern telecommunications already thing public, arises other problem: it is necessary to recognize, that all consumers are dependent(depended) on the state, as just it distributes the will to a thing. Just so business in Russia partially is.
The essence of a question is, that technologically telecommunication: first, can lose the purpose(assignment), if, being a component of interstate system, will on one of territories be switched - off, i.e. to lose the initial property sense, by becoming other thing, in second, as a consequence first, the state loses absolute authority above telecommunications, having authority only above that material, which is in his(its) territory and above an intellectual product, if it(he) is created by virtue of execution(performance) of labour duties or under the contract.
Thus territory of the state can carry out in the attitude(relation) транснациональных of telecommunications a double role: to define(determine) their accessory(belonging), if the communications is a separate element of the whole system, which exception does not result in switching-off of system as a whole, or to not consider(count) as their part of territory, if such switching-off conducts to its(her) liquidation.
Here also there is a question on the sovereignty. It is natural, that the state cannot to itself allow a part of things important for general(common) usage and taking place in its(her) territory to recognize not. It is legal and political absurdity. Therefore state gets in a trap: if spatial expression of the forms of social dialogue доинформационного of a society(community) was territory, in conditions of a modern information society(community) the formal - legal borders do not settle(exhaust) by themselves a real picture: the states in essence represent spheres of influence, this or that information group.
Thus, state, not having an opportunity to lead(carry out) demanded(required) alienation on the one hand - remains only by formal - legal concept, with other - within the limits of functions determined доинформционными by the requirements, remains могучим by the tool, that is is capable to influence all spheres of ability to live of a society(community) and separate people. Losing former essence, keeps the form.

2. Imperous - political aspect.

The authority is an organic attribute of any social environment(Wednesday). The state can be defined(determined) as union of authority and submission. Authority concept objective - subjective. On the one hand she(it) exists beyond the framework of our will: by refusing once to accept authority, we, nevertheless, objectively can feel her(it) on ourselves. On the other hand authority the phenomenon subjective. She(it) is reflection of the existing order of things in our consciousness. Such дуализм of understanding of authority, on our sight is reflection триединости of its(her) resources: authority, right and compulsion. E/Fromm, wrote: " … The new society(community) is possible only in the event that during it(him) становления the new person " will be formed. [3,17]
We recognize that concepts "authority" and "right" in their fundamental sense correspond as the individual бertificate(act) of the use of opportunities of management, бertificate(act) of influence by one, from a case to a case of determining will and as the бertificate(act) of managements getting more or less fixed in time character, that is finding the form of rules [4,114].
Political authority, as the determining will directed on the particular(specific) purpose is designed by everything, and only by special carrier (or special carriers), whose social status allocate it(him) (their) will with the sufficient basis for a recognition by its(her) determining by others and whose competence allows to use force of state compulsion. Such persons are accordingly правители and public authorities.
Opportunity of instability of authority, from presence at it(her) of two aspects: formal - determining the external form (order, interdiction, sanction) and material - that, that makes essence and contents of management. The authority reflects in each act of management philosophy of a society(community). With a choice of this or that norm for self-organizing a political society(community) and the public authorities should take into account and to define(determine) that is for them desirable, useless, вредоносным, that is to lean against system of values describing this society(community). In more general(common) sense to lean(base) on representation about the person given социальности, his(its) morals, and as a whole on understanding ментальности, culture of a society(community).
The contents of authority and its(her) application should reflect in more or less systematic form general(common) консенсус, dominating within the framework of this society(community) and to reflect a working parity(ratio) of forces of a society(community).
its(her) contents is not something casual, is pure(clean) mechanical. The authority not is expression of a human arbitrariness in general, empirical human need(requirement), and there is an expression of submission of the will to some beginning carrying character absolutely authoritative for each person and consequently obliging it(him).
Concept of authority, faster psyhological, покоится on a several component: the information as base for the analysis, methodology of the analysis, applicability of conclusions.
Earlier, by considering the problem on telecommunications, we came to a conclusion that the territorial attribute of the state, by not losing the formal - legal importance in the information world, changes the substantial party. One of display it is freedom of distribution, search and analysis of the information.
The history shows, what exactly this aspect is determining for process of formation of philosophy of a society(community). (For Example, the transition from the Middle Ages to New time contacts to occurrence of secular formation(training)). Thus, imperous - political aspect is substantially compelled to be guided any more so much by philosophy, which form public authorities and правители, how many on philosophy formed by society(community) on the basis of free information interchange and offered of authority as данность.
It is obvious, that this process is proportional to volume of the free information.

3. Sovereignty of the people.

By paradoxical image the information society(community) less only influences the formal sovereignty of the people understood as the primary source of state authority, as will of the people expressed in legally the relevant forms: through референдум and free elections [5,106]. It is obvious, that the influence of an information society(community) on the state will consist that with development of telecommunications the process of acceptance of the decisions will in a greater degree be guided by results референдумов, than on expensive elections.
The population is set of the people living within the limits of state territory and incorporated by submission of state authority. From positions legal нормативизма the population this unity of set of human actions and воздержаний from actions. Legal sphere of state authority essentially всеобъемлюща; she(it) includes set of all possible(probable) rights, what the state can undertake, and this opportunity legally is boundless. However such limiting condition of the public attitudes(relations) already refers to as деспотией and it comes in the contradiction from item 1.2.
Then the people is necessary to consider(examine) through his(its) attributes, which main of is a generality of language, either generality of the state, or that and another together. Whether it is possible in an information society(community), where essence of a territorial attribute of the state, as isolating element is washed away, leaving only formal - legal shade to recognize a generality of the state, how an attribute of the people? Then there is only generality of language, which will be универсализироваться with expansion of sphere of action of telecommunication technologies.

Thus, considering(examining) influence of modern telecommunication systems and technologies on the state, it is possible to make a not indisputable conclusion: with development of telecommunication technologies the state remains ever more by formal - legal element, that puts under threat his(its) existence. The process of adaptation of the state to such condition will be obvious to occur in search консенсуса between his(its) safety and expediency of telecommunications. Before the state the basic problems cost:
1. The territorial isolation ceases to play a determining role. Remaining an obligatory condition international правосубъектности, ensuring верховенство of state authority, independence and inviolability of the state, the principle территориальности, transforms the state into the participant of the information market.
2. Imperous - political component of the state owes or become liberal, either early or late to enter the conflict to philosophy, formed irrespective of authority.
3. The sovereignty of the people by that in a greater degree will disappear, than will be deeper to pass system integration of language and more formal - concept of territory.
The basic way of the sanction of these problems sees in domination in the information market, as only in this case specified problems are permitted unequivocally, expanding resources of the state up to planetary scales.