Charles Louis Montesquieu: the influence of his studies on the development of society and state in the modern period

The article is devoted to the works, theories and scientific researches of such a prominent French figure of the time as Charles Louis Montesquieu, according to whom the political pluralism promotes, and perhaps, first of all, is a catalyst for the progress of economic development, trade and industry, and it creates the benefits consumed by society and necessary for him. Achieving political balance and stability is possible through the separation of existing powers, and this is the guarantor of the legality and following evolution of existing rights and freedoms, or the discovery of new humanistic values, however, it is necessary to put the right as the main regulator of all relations without exception, according to the scheme “Man-Society-State”. According to Montesquieu, society is governed by various laws, so he states that there are: laws of nature; positive laws; laws arising from the nature of government; the laws of education, etc. On the basis of these laws, the law is built: natural law; law spiritual; law of the church; international law, that is universal civil law, according to which every nation is a citizen of the universe; specific law of a certain state, created for a separate society; family law; law for all societies - common civil law, the right of conquest, etc. Speaking about the unified and strong power in the state Montesquieu identified three forms of its implementation - legislative, executive and judicial, at the same time he provides for their need prosecutor’s office, that authoritatively fulfills the requirements of laws to supervise a unified understanding and implementation of the rules of law, has certain powers and jurisdiction, but is not a part of these authorities pretending to be a separate power. Montesquieu noted: “In a free state, the legal authority has the right and must be considered how the created laws are enforced.” Consequently, supervision over the unity of execution of laws or “consideration of how laws created by the authorities are enforced” can be severed into a separate direction of state activity - a supervisory function in the system of state functions.