Forms and methods of exercising the functions of the state. The concept and types of functions of the state

The principles of functioning of state institutions are generally known to most citizens of modern states. However, political science for some reason admits discussions on a number of issues - especially those relating to forms, as well as the methods by which the authorities administer the functions entrusted to them. What kind of polemic is appropriate here?

The point is that there is no single point of view regarding the terms in question. The forms and methods of implementing the functions of the state, the concept and their types can be determined only in the course of finding a compromise between a number of concepts that can be quite dissimilar. What are they - those most controversial points of view? On the basis of what concepts is the essence of the phenomena we are talking about?

On the functions of the state

First we will study the concept of state functions. Under such conditions, modern researchers recognize the main directions in which the relevant institutions conduct their activities. In the content aspect, state functions can be correlated, as some experts believe, with the historical period of its development. In particular, in the years of the existence of the USSR, the activities of institutions were aimed at the practical realization of communist ideology. The functions of the state in a market economy, of course, in most cases are not related to the global idea, but, at the same time, can also reflect some national interests.

There is a point of view on the structure of the corresponding activities, according to which they can be subdivided into external and internal. Moreover, by their nature these functions are sufficiently universal and suitable for describing the activities of most modern states. We will name them.

The external functions of the state are classified according to the four key spheres of development of any country - economic, political, social and spiritual. The theory of functions of the state in question implies the following distribution of internal activities of institutions.

1. In the economy: management of industrial and service infrastructure, cash flows, promotion of the introduction of scientific and technical developments, protection policy.

2. In politics: the creation and reproduction of institutions of power, lawmaking, the implementation of legal acts, competent national policy, the content of power structures.

3. In the social sphere: development of the family institution, support for socially unprotected groups of citizens, support for key institutions - health, education, sports development.

4. In the spiritual sphere: the creation of conditions for the equality of people in the choice of religion, the support of culture, science and art.

In turn, the implementation of the functions of the state in the external aspect can be carried out in the following areas:

- maintenance of the army, border services;

- the conduct of international politics (economic cooperation, military-political, cultural, etc.);

- participation in peacekeeping actions, provision of humanitarian assistance to needy states;

- protection of citizens abroad, assistance in defending the interests of national business, organizations;

Criteria for classifying the activities of state institutions are quite numerous. The concept of state functions is the subject of scientific discussions. There are experts who see the basis for classifying the way in which the institutions of power perform their functions. In this case, activities can be divided into regulatory (lawmaking), executive (implementation of legal norms), as well as protective (protection of the execution of laws).

There is a theory that the state fulfills one global function altogether - it is the implementation of a social contract concluded with the people inhabiting the territory of the country, which has delegated the right to manage and protect the relevant authorities. In this case, the activities in question are specific tasks within the framework of the main function. The question of legality of concepts, including those that we have voiced, is an example of one of the many discussions in the scientific community.

Authorities

The exercise of the functions of the state occurs, if we follow the widespread theoretical concept, through the activities carried out by various authorities. Classification of those in the scientific literature also has a large number of grounds, as well as the definition of the corresponding concept. One of the most common criteria in the modern expert community is the nature of the functions performed by the body. If we take it as a basis, then the classification will be as follows.

1. Legislative bodies.

This kind of structure is created by legal acts on the basis of which the main political function of the state is realized - the implementation of a social contract. Legislative bodies in modern democratic countries, as a rule, are also representative at the same time. That is, practical work on developing legal acts is carried out by people representing the interests of different groups of citizens. They are appointed, as a rule, through elections.

2. The executive bodies.

These structures are responsible for the implementation of the legal norms adopted at the legislative level. People who work in executive bodies are usually appointed, not elected. An exception can be the office of the president of the country (if the Constitution of the state says that he is the highest executive).

3. The judiciary.

They are called upon to promote the correct implementation of legal acts issued at the legislative level - both at the level of interpretation of laws, and in the aspect of compelling to follow the rules prescribed in them. In most democracies, courts are legally independent from other authorities. In case of re-election of the parliament, reassignment of the government or even a change of regime, the judges are not reelected in many cases. Moreover, they can become the guarantor of functioning of the state in the conditions of political crisis when it is not clear, in whose hands the power is.

At the same time, there are possible options in which the political function of the state is carried out within the framework of other models. For example, an option is possible in which the first two types of organs, in fact, are combined into one. And the state at the same time can fully develop. A vivid example is the political system of China.

There is no separation of powers between the legislative and the executive. The functions of the state and law, characteristic of the relevant institutions, are performed by a single body - the National Assembly. In turn, it is represented in the form of a rather complex structure of various committees and departments.

Federation Format

The political function of the state can be realized at various levels. Everything depends on the structure of the administrative structure of the country. There are unitary states - in them the corresponding function is realized mainly at the national level with some delegation of powers to municipalities. There are federated countries that are divided into relatively independent administrative units. In this case it is possible that each subject will have the authority to play a leading role in the implementation of the political function.

The degree of distribution of powers in different federations can be very different. For example, many experts believe that the corresponding form of government in Russia assumes a significant centralization of power institutions. This is expressed in a strict vertical management budget policy, in which the leading role is played by federal reserves (despite the existence of regional and municipal ones, the management of which at appropriate levels of power, from the legal point of view, can be carried out autonomously).

In turn, in one of the first federal states of the world - the United States, the powers of individual subjects are expressed, as experts say, stronger. In particular, every state has a document like the Constitution. The independence in carrying out the budgetary policy, building up the administrative system is sufficiently expressed.

Functions of non-state structures

An option is possible in which certain forms and methods of implementing the functions of the state will be implemented by structures that are not formally part of the system of power institutions. How is this possible? In world practice - both in historical retrospect, and on the example of modern political processes, such precedents are present in large numbers. For example, in some Muslim states, religious organizations perform functions related to lawmaking and judicial proceedings. In the Soviet Union, very powerful authorities, as some experts believe, were given trade unions. They performed a significant amount of executive functions in the aspect of labor relations and in many ways replaced institutional authorities in this range of issues.

Also, some forms and methods of exercising the functions of the state can be performed by structures that are established by the authorities, however, classical institutions, again, are not. For example, it could be administrative departments within ministries, or, for example, administrative commissions. The same government apparatus is a good example. It is a state organization that plays a supporting role in the activities of the main body of government. In this sense, experts emphasize the need to distinguish two terms. The first is the "authority". It can be submitted by the relevant legislative, executive and judicial structures. The second one is a "state power body" that does not fulfill any political function. Typically, this is an administrative type of structure.

Determining Forms

Our main task is to find out what forms and methods of implementing the functions of the state are. But before studying the essence of each of them, it is necessary to determine the conceptual apparatus. What do we mean by this form of exercising the functions of the state? In the scientific environment, the following definition is common. The forms of exercising the functions of the state are an ordered, proceeding from external properties, a set of activities of the bodies through which the functions of institutions of power are realized. As we see, this definition is very close to that given at the beginning of the article on the functions of the state. In the expert environment, there are two points of view on this matter.

According to the first, the "functions" and "forms" of their implementation, in principle, can be identified. According to the second, the first are an integral part of the second. How to trace the difference between "functions" and "forms", if we are closer to the corresponding point of view? Very simple. In the context of the current definition, the concept of functions, which we gave above, quite clearly fits into the scheme: they mean what tasks the state is facing. On those very four basic levels in the aspect of internal activities and directions in the external vector. Accordingly, having on the agenda of the task ("functions"), the state carries out activities (selects "forms") to address them.

Definition of methods

Now we will determine what are the methods of implementing the functions of the state. According to the common point of view, they are understood as means by which institutions of power influence the subjects of civil society, solving actual problems. Thus, the form of the implementation of the functions "answers" to such a question: how does the state solve its tasks. In turn, the method reveals another aspect. Namely - how the institutions of power guarantee the solution of the corresponding tasks within the framework of the selected forms of the functions.

Now we will reveal the essence of each of the terms. Imagine that we are in the exam. We take the ticket, open it and read: "Name the forms of the implementation of the functions of the state." How will we answer this question?

Basic Forms

Let's try to navigate the following algorithm. According to him, the types of forms of exercising the functions of the state can be classified as follows.

1. Activities of a law-making nature.

Within them, the functions of the state and law are closely intertwined. The activities in question involve the activities of government bodies associated with the creation and implementation of laws.

As we see, this form is very close to the concept of "function" of a law-making character, the definition of which we gave at the beginning of the article. We can adhere to the very first point of view that identifies these two terms. But there is also an option to distinguish between them. In this case, the activities of a law-making nature will not be the "task" of the state, but a mechanism for solving the other. Namely, the one that is the publication of laws and norms. It follows that there is a task - to publish sources of law, this is a function of the state. And there is a mechanism for its solution - appropriate activities (issuing laws, parliamentary hearings, expert assessments, etc.). This is already a law-making form of exercising the functions of the state.

2. Organizational activities.

The scheme of the form of the implementation of the functions of the state in question is, in turn, rather close to the activities of the executive authorities. The difference, however, will be clearly visible if we classify the corresponding forms. How? The basic forms of exercising the functions of the state, which are organizational, according to a common point of view, can be divided into the following categories:

- Regulatory activity;

- economic activity;

- ideological work.

Using the example of this classification, we can see through what "tools" the respective tasks are being solved, what the state is facing. In turn, activities of a law-making nature may in many respects overlap with activities of an organizational type. In which manifestations can this be observed? For example, in the process of law enforcement practice or law enforcement activities of relevant authorities.

Basic Methods

Studying the forms and methods of implementing the functions of the state, we, therefore, examined the widespread theoretical concepts that reveal the essence of the former. What about the second? What are the methods of implementing the functions of the state? Experts identify two main. The first is the method of persuasion. The main mechanism that operates within it is the authority of the authority or of a specific politician. State orders are carried out by citizens on a voluntary basis, with the knowledge that this is necessary, based on the community of interests with the authorities, the structure of the social contract. The second main method is based on coercion. It is understood that the state takes decisions, not taking into account, at least publicly, the will of citizens. In fact, of course, the government can fully take the expected wishes of the subjects into consideration and build a policy based on them. But she does not have to do this, acting within the framework of coercive mechanisms. Although, in practice, this kind of coincidence - the wishes of citizens and the actions of the authorities in those political regimes where coercion takes precedence, are infrequent.

There is no consensus among historians about which of the two methods was historically the first. Supporters of the view that coercion appeared first argue that the mechanisms by which authority could be recognized by the whole society - mainly democratic institutions, direct elections, media channels, etc., appeared recently. Managing society through authority was impossible because of the lack of institutional resources for this. Those experts who believe that persuasion was still preceded by coercion, emphasize that many historical early state entities meant, first of all, a political system based on the authority of the leader, the commander. Moreover, experts say, the institution of democracy is not new at all. It is enough to recall how the Greek policies functioned, or, for example, the Novgorod Republic.

Combination of forms and methods

Is there a direct relationship between the concrete form of the exercise of the functions of the state and one of the two methods, the essence of which we have defined above? And here the opinions of experts differ. There is a point of view that there is dependence, but very conditional. The ratio of this or that form and, say, the method of coercion, can be interpreted in a way so that it will be a matter of pure authority. A simple example is the work of the parliament.

On the one hand, this legislative body can issue some legal act, the essence of which will clearly contradict the sentiments of the majority of citizens. On the other hand, the mere fact that the parliament is an elected body, says that the people of the country themselves entrusted him with the appropriate powers. And therefore, no matter how strange the law might look, it is published, to a greater extent, thanks to the authority of the parliament.

Dissimilarity of points of view

We studied the basic forms and methods of implementing the functions of the state. Briefly and clearly set out in a small summary is not easy. Therefore, we will construct a table, through which we visualize the above points of view. Reflecting the key forms and methods of implementing the functions of the state table will help us better navigate in the relevant concepts developed by Russian theorists.

Concept	Forms and methods
1. "Function" is part of the "form" of the exercise of the functions of the state.	Forms: - law-making; - organizational; Methods: coercion, persuasion.
2. "Function" is the "form" of the exercise of the functions of the state.	Forms: - legislative; - executive; - forensic production; Methods: coercion, persuasion.

Of course, there are other grounds for classifying the terms in question. We outlined, studying the forms and methods of implementing the functions of the state, a brief summary of the relevant issues. Many of the issues that we considered today are subjects of discussions, dissertations, polemics. The basic scientific discipline, where forms and methods of the state functions - TGP are studied. This is a very common abbreviation, which stands for "Theory of State and Law." In the framework of its subject, in most cases, the problematic is raised not only of political but also of legal nature.