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

Principles of functioning of stateInstitutes 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 authorities exercise the functions entrusted to them. What kind of polemic is appropriate here?

The fact is that with regard to the terms about whichthere is no single point of view. 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 this, modern researchers recognize the main areas within which the relevant institutions conduct their activities. In the content aspect, the functions of the state 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 the 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 relevantactivities by 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. Let's call them.

External functions of the state are classified independing on four key spheres of development of any country - economic, political, social and spiritual. The theory of the 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 by which to classifythe 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 (law-making), executive (implementation of legal norms), and protective (protection of the execution of laws).

There is a theory according to which the statefulfills and does one global function - is the implementation of a social contract concluded with the people who inhabit the territory of the country, which has transferred to the appropriate authorities the right to manage and protect. 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 implementation of state functions occurs,If you follow the popular theoretical concept, through activities carried out by various authorities. The classification of such in the scientific literature also has a large number of bases, as well as the definition of the corresponding concept. One of the criteria common in the modern expert community is the nature of the functions that the body performs. If we take it as a basis, then the classification will be as follows.

1. Legislature.

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

2. Executive bodies.

These structures are responsible for the implementation oflegislative level of legal norms. People performing work in executive bodies are usually appointed, not chosen. An exception may be the position of the president of the country (if the Constitution of the state states that he is the highest executive person).

3. The judiciary.

Called to promote correct execution.legal acts issued at the legislative level - both at the level of interpretation of laws, and in the aspect of compulsion to follow the norms stated in them. In most democracies, the courts are legally independent from other authorities. In case of re-election of the parliament, reappointment of the government or even as a result of regime change, judges are not re-elected in many cases. Moreover, it is they who can become the guarantor of the functioning of the state in a political crisis, when it is not clear who holds the power.

Вместе с тем, возможны варианты, при которых The political function of the state is carried out in the framework of other models. For example, a variant is possible in which the first two types of organs are, in fact, merged into one. And the state at the same time can develop itself quite well. A vivid example is the political system of China.

There is no separation of powers into legislative andexecutive. The functions of the state and the rights characteristic of the respective institutions are performed by a single body, the People’s Assembly. In turn, it is presented in the form of a rather complex structure of various committees and departments.

Federation format

The political function of the state mayimplemented at various levels. It all 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 authority to municipalities. There are federation countries that are divided into relatively independent administrative units. In this case, it is possible that each entity will be empowered to play a leading role in the implementation of a political function.

The degree of distribution of powers in differentfederations can be very dissimilar. For example, many experts believe that the appropriate form of government in Russia implies a significant centralization of government institutions. This is expressed in a strict vertical of fiscal policy management, in which federal reserves play the leading role (despite the existence of regional and municipal governments, which can be managed autonomously at appropriate levels of government).

In turn, in one of the first federatedStates of the world - the United States, the powers of individual subjects are expressed, as experts note, more strongly. In particular, every state has such a document as the Constitution. The autonomy in the conduct of the budget policy and the construction of the administrative system is quite pronounced.

Functions of non-state structures

It is possible that some forms andmethods of performing state functions will be implemented by structures that are not formally part of the system of government institutions. How is this possible? In the world practice, both in the 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, as some experts believe, trade unions were endowed with very large powers. They performed a significant amount of executive functions in the aspect of labor relations and in many respects replaced the institutional authorities in this range of issues.

Также некоторые формы и методы осуществления State functions can be performed by structures that are established by the authorities; however, classical institutions, again, are not. For example, these may be administrative departments within ministries, or, for example, administrative commissions. The same government apparatus is a good example. It is a state organization that performs a supporting role in the activities of the main authority. In this sense, experts emphasize the need to distinguish between two terms. The first is the “authority”. It may be represented by relevant legislative, executive and judicial structures. The second is the "public authority" that does not perform any political function. As a rule, this is an administrative type of structure.

Form definition

Our main task is to find out what forms are andmethods of performing state functions. But before studying the essence of each of them, it is necessary to determine the conceptual apparatus. What will we understand by this form of the exercise of state functions? The following definition is common in the scientific community. Forms of state functions - it is an ordered, based on external properties, a set of activities of bodies through which functions of government institutions are implemented. As we see, this definition is very close to that given at the beginning of the article regarding the functions of the state. Among experts there are two points of view on this.

According to the first, their "functions" and "forms"implementation, in principle, can be identified. According to the second, the first are 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 that we gave above quite clearly fits into the scheme: they mean what tasks the state faces. On those four main levels in the aspect of internal activities and directions in the external vector. Accordingly, having tasks (“functions”) on the agenda, the state carries out activities (selects “forms”) to solve them.

Method definition

Now let's define what the methods are.performance of state functions. According to the common point of view, they are understood as the ways in which the institutions of power affect the subjects of civil society, solving actual problems. Thus, the form of performing the functions “answers” ​​to such a question: how the state solves 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 chosen forms of exercise of functions.

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

Basic forms

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

1. Activities of lawmaking nature.

Within them, the functions of state and law are closely intersected. The activities in question imply the activities of the authorities associated with the creation and implementation of laws.

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

2. Organizational activities.

Схема формы осуществления функций государства, о which, in turn, is quite close to the activities of the executive authorities. The difference, however, will be clearly visible if we classify the corresponding forms. How? The main forms of the implementation of state functions that relate to organizational ones, according to a common point of view, can be divided into the following categories:

- regulatory activities;

- economic activities;

- ideological work.

By the example of this classification, we canto trace, by means of what "tools" the corresponding tasks are solved, which are facing the state. In turn, law-making activities can largely intersect with the activities of the organizational type. In which manifestations can this be observed? For example, in the process of law enforcement or law enforcement of the relevant authorities.

Basic methods

Studying the forms and methods of performing functionsstates, we, therefore, considered common theoretical concepts that reveal the essence of the first. What about the latter? What are the methods of performing state functions? Experts identify two main ones. The first is the method of persuasion. The main mechanism acting within it is the authority of the authority or a particular politician. State orders are carried out by citizens on a voluntary basis, with the realization that this is necessary, based on common interests with the authorities, the structure of the social contract. The second main method is based on coercion. It is understood that the state makes decisions, not taking into account, at least publicly, the will of citizens. In fact, of course, the authorities can quite take the expected wishes of the subjects into consideration and build a policy on the basis of them. But she does not 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, is not often met.

There is no consensus among historianswhich of the two methods was historically the first. Proponents of the point of view that coercion first appeared, argue their views by the fact that the mechanisms by which authority could be recognized by the whole society — mainly democratic institutions, direct elections, communication channels in the form of media, etc., appeared recently. To manage society through credibility was impossible due to the lack of institutional resources for this. Those experts who believe that conviction did precede coercion emphasize the fact that many historical early-state entities implied, above all, a political system based on authority - the leader, the commander. Moreover, experts say, the institution of democracy is not at all new. It is enough to recall how the Greek policies, or, for example, the Novgorod Republic, functioned.

Combination of forms and methods

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

On the one hand, this legislature mayto issue some legal act, the essence of which will explicitly contradict the sentiments of the majority of citizens. On the other hand, the fact that the parliament is an elected body, says that the inhabitants of the country themselves entrusted him with the relevant powers. And therefore, no matter how strange the other law looked, it is issued, to a greater extent, thanks to the authority of the parliament.

Disagreement of points of view

We studied the basic forms and methods of implementationstate functions. Briefly and clearly present them in a small summary is not easy. Therefore, we will build a table with which we visualize the above points of view. A table reflecting the key forms and methods of implementing state functions will help us to better understand the corresponding concepts developed by Russian theorists.

Of course, there are other reasons forclassification of 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 have reviewed today are subjects of discussions, dissertations, polemics. The main scientific discipline, which examines the forms and methods of the functions of the state - TGP. This is a very common abbreviation, which stands for "Theory of State and Law." Within the framework of its subject, in most cases, problems are raised not only of a political, but also of a legal nature.