Classificationof the functions of the state.
There is the following classification of functions of government.
Reasons of state: deriving from the class contradictions arising from the needs of society.
1. Interior: a) protecting the rights and freedoms of man and citizen;
b) protection of ownership;
c) to ensure law and order;
g) environmental;
e) economic;
e) social;
g) the development of scientific and technological progress;
h) taxation;
i) cultural and educational.
2. Exterior:
a) conduct wars of aggression;
b) protection of the country from foreign attack, the defense of the country;
c) the maintenance of peace;
d) fair trade;
d) the decision together with other States the world's problems.
3. For the duration of the action:
a) Permanent, carried out at all stages of development of the state;
b) The time shall cease to solve a particular problem, as a rule, which has extraordinary.
4. Least:
a) basic;
b) non-core.
According to the Candidate of Science, Associate Professor D.A. Bulgakova, «the forms of the functions of the state - is a uniform activity of the state, serves as the implementation of its functions». Doctor of Law, Professor M.I. Baytin notes, «Because the scope of state activity varied as public relations, for the theory of the state was a problem to determine the main directions of its internal and external operations, which are expressed and specified its class and a common human nature and social purpose». «In the current conditions of the formation of law humanities raised again the question of the relationship between state and society. The process of development of the state shows that the further democratization of society in the state of law should promote the development of civil society. In this connection, the functional role of the state and is limited by its direct interference in social relations and individual citizens' lives.
Patterns of development of the state and society are to update the content features and removal of several functions, i.e. lead to a revision of the entire functional activity of the state, and, consequently, the functional role of the society».The form of the functions of the state is a homogeneous activity of the state, serves as the implementation of its functions. There distinguish legal and organizational forms. We join in the common in the legal literature classification. The legal forms include:
a) law-making - an activity to prepare and publish regulations;
b) enforcement - activities for the implementation of regulations by adopting the acts of law, the daily work on the implementation of laws and solve various managerial issues;
c) Law Enforcement - activities for the protection of the rights and freedoms of man and citizen, to prevent crime and to bring to justice those responsible for legal persons, etc.
The organizational forms include:
a) organizational and regulatory - is the ongoing work of certain structures to ensure the functioning of the State related to the preparation of draft documents, the organization of elections and the like;
b) organizational and business - is operational, technical and economic work related to accounting, statistics, supplies, etc.;
c) organizational and ideological - an everyday educational work on ideological enforcement of various state functions associated with an explanation of the newly issued regulations, public opi-nion, etc.
«In the historical development of state-legal situation, you should talk about the functions of the state as a public regulatory body in relation to civil society, more precisely, to the community of individuals, social groups, associations and organizations in civil society. This approach to the functions of the state assumes the distinction of civil society and the state».
At the heart of the original functions of the city-state, said A.B. Vengerov pertained function information Services Company, due to the necessity to take into account the need for «extended family» of free farming communes.
Obviously, the division of labor between state and society actually exists. E. Durkheim in his work «On the division of social labor» emphasizes: «The division of labor (functions) do not alienate both specialized units (in this case, the state and society), who were in for the duration of this division in constant communication, and the function of solidarity (mechanical or social)»The authors of the collective work «Functions of the state in the modern world», say: «The functions of the state are complex and their formation is in the making, strengthening and development of the state. Furthermore, the functional activity of the state is to foster and promote the development of the state and society. Therefore, in our view, from the point of separation of functions between the state and society should be divided into two groups of state functions: mandatory functions of the state and functions required of the state. Mandatory functions of the state are:
1. protection of the territorial space of the state;
2. to international cooperation;
3. organization of public authorities;
4. budget control, law enforcement.
These functions are identified in the mandatory, because their performance falls only on public authorities.
Furthermore, they emphasize: «The functions are included in the group of functions that the state, these are functions that the state can do, with the participation of society, or rather, the structural elements of the social system.
Essential functions of the state are:
1. Implementation of legislative activity (in Parliament are the representatives of political parties, administrative units of the state);
2. Organization of the system and the structure of government;
3. Social function, which includes the social protection of citizens, social development of the country (the state together with public organizations implementing this feature);
4. Promotion of economic development of the country (in a market economy system state monopoly is replaced by participation in the implementation of this function as non-governmental organizations).
Questions for the self-control:
1. What means the «functions of the state»?
2. What are the main functions of the state?
3. Please, account the legal forms of the functions of the state.
4. What means the «organizational form of the functions of the state»?
5. Please, give the classification of the functions of the state.
Taskfor srs:
Please, discuss the main functions of the modern state.