The principles of functioning of state institutions as a whole are known to most citizens of modern states. However, political science for some reason allows for discussion on a number of issues - especially those related to forms, as well as methods for the implementation of power institutions entrusted to them functions. What kind of controversy is appropriate here?
The fact 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 only be determined in the course of finding a compromise between a number of concepts, which can be very dissimilar to each other. What are they - the very discussion points of view? On the basis of what concepts is the essence of the phenomena in question determined?
About the functions of the state
First we study the concept of state functions. Under these, modern researchers recognize the main areas within which the relevant institutions conduct their activities. In a substantive aspect, the functions of the state can be correlated, as some experts believe, with the historical period of its development. In particular, during the years of the existence of the USSR, the activity of institutions was aimed at the practical implementation 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 certain national interests.
There is a point of view on the structure of the corresponding activities, according to which they can be divided into external and internal. Moreover, by their nature, these functions are sufficiently universal and fit the description of the activities of most modern states. Let's call them.
External functions of the state are classified according to four key areas of development of any country - economic, political, social and spiritual. The theory of the functions of the state in question assumes the following distribution of the internal activities of institutions.
1. In the economy: management of industrial and service infrastructure, cash flows, promoting the implementation of the results of scientific and technological developments, protection policies.
2. In politics: the creation and reproduction of institutions of power, lawmaking, enforcement of legal acts, competent national policy, the maintenance of power structures.
3. In the social sphere: the development of the institution of the family, support for socially vulnerable groups of citizens, support for key institutions - health, education, development of sports.
4. In the spiritual sphere: creating conditions for the equal rights of people in the choice of religion, supporting 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;
- conducting international politics (economic cooperation, military-political, cultural, etc.);
- participation in peacekeeping operations, the provision of humanitarian assistance to needy states;
- protection of citizens abroad, assistance in upholding the interests of national business, organizations;
There are a lot of criteria by which the activity of state institutions can be classified. The concept of state functions is a subject of scientific discussion. There are experts who see the basis for classification as a way for institutions of power to exercise their functions. In this case, activity can be divided into regulatory (lawmaking), executive (implementation of legal norms), and protective (protection of the enforcement of laws).
There is a theory according to which the state fulfills one global function altogether - it is the fulfillment of a social contract concluded with the people inhabiting the territory of the country, which transferred the right to govern and protect to the relevant authorities. In this case, the activities in question are specific tasks in the framework of the main function. The issue of the validity of concepts, including those that we voiced, is an example of one of the many discussions in the scientific community.
Authorities
The implementation of the functions of the state occurs, if you follow a common theoretical concept, through activities carried out by various authorities. The classification of such in the scientific literature also has a large number of grounds, 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. The legislature.
This kind of structure creates legal acts on the basis of which the main political function of the state is realized - the fulfillment of a social contract. Legislatures in modern democracies, as a rule, are also representative at the same time. That is, the practical work on the development of legal acts is carried out 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 of legal norms adopted at the legislative level. People performing work in executive bodies are usually appointed, not elected. An exception may be the post of president of the country (if the Constitution of the state says that he is the highest executive person).
3. The judiciary.
They are called upon to promote the correct execution of legal acts issued at the legislative level - both at the level of interpretation of laws, and in the aspect of coercion to follow the norms laid down in them. In most democracies, courts are legally independent from other authorities. When the parliament is re-elected, the government is reassigned, or even as a result of a regime change, judges are in many cases not re-elected. Moreover, it is they who can become the guarantor of the functioning of the state in a political crisis, when it is not clear in whose hands the power is.
At the same time, options are possible in which 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, combined into one. And the state can fully develop itself. A vivid example is the political system of China.
There is no separation of powers between legislative and executive. The functions of the state and law, characteristic of the respective institutions, are performed by a single body - the National 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 can be implemented 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 power to the municipalities. There are federation countries that are divided into relatively independent administrative units. In this case, it is possible that each subject will be empowered to play a leading role in the implementation of the political function.
The degree of distribution of powers in different federations can be very dissimilar. For example, many experts believe that the corresponding form of government in Russia implies a significant centralization of power institutions. This is expressed in the strict vertical management of budgetary policy, in which the federal reserves play the leading role (despite the presence of regional and municipal reserves, which can be managed independently from the point of view of the law, from the point of view of the law).
In turn, in one of the first federal states of the world - the United States, the powers of individual entities are expressed, as experts say, more strongly. In particular, every state has a document like the Constitution. Independence in carrying out budgetary policy and building up an administrative system is sufficiently pronounced.
Functions of Non-State Organizations
A variant is possible in which certain forms and methods of fulfilling the functions of the state will be implemented by structures that are not formally included in the system of power institutions. How is this possible? In world practice - both in historical retrospective 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 large powers, according to some experts, were endowed with trade unions. They performed a significant amount of executive functions in the aspect of labor relations and largely replaced the institutional authorities in this circle of issues.
Also, some forms and methods of fulfilling the functions of the state can be performed by structures that are established by the authorities, however, again, they are not classical institutions. For example, it can be administrative departments within the ministries, or, for example, administrative commissions. The same apparatus of government is a good example. It is a state organization that plays a supporting role in the activities of the main authority. In this sense, experts focus on the need to distinguish between two terms. The first is the "authority". It may be represented by the relevant legislative, executive and judicial structures. The second is a “public authority” that does not perform any political function. This is usually an administrative type of structure.
Definition of 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 we will understand by this form of the implementation of the functions of the state? The following definition is common in the scientific community. Forms of the implementation of the functions of the state is an ordered, based on external properties, set of activities of bodies through which the functions of the institutions of power are realized. As we can 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 subject.
According to the first, the "functions" and the "forms" of their implementation, in principle, can be identified. According to the second, the former are an integral part of the latter. 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 have given above fits quite clearly into the scheme: they mean what tasks the state faces. On those four basic levels in terms 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 determine what the methods of implementing the functions of the state are. According to a common point of view, they are understood as means by which the institutions of power act on the subjects of civil society, solving current problems. Thus, the form of the implementation of functions "answers" to this question: how does the state solve its problems. 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 implementation of functions.
Now we will reveal the essence of each of the terms. Imagine that we are on an exam. We take a ticket, open it and read: "What are the forms of state functions." How will we answer this question?
Main forms
Let's try to navigate according to the following algorithm. According to him, the types of forms of state functions can be classified as follows.
1. Activities of a law-making nature.
Within them, the functions of the state and law are closely intersected. The activities in question mean the activities of authorities related to the creation and implementation of laws.
As we see, this form is very close to the concept of a "function" of a law-making nature, 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 differentiate them. In this case, activities of a law-making nature will not be the "task" of the state, but a mechanism for solving another. Namely, that which is the publication of laws and regulations. It follows that there is a task - to publish sources of law, this is the function of the state. And there is a mechanism for resolving it - appropriate activities (issuing laws, parliamentary hearings, expert assessments, etc.). This is a law-making form of state functions.
2. Organizational activities.
The scheme of the form of implementation of the functions of the state in question, 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, which are organizational, according to a common point of view, can be divided into the following categories:
- regulatory activities;
- economic activities;
- ideological work.
Using the example of this classification, we can trace through what "tools" the corresponding tasks are solved, what the state faces. In turn, activities of a law-making nature can largely overlap with activities of an organizational type. In what particular manifestations can this be observed? For example, in the process of law enforcement practice or law enforcement activities of the relevant authorities.
Main methods
Studying the forms and methods of implementing the functions of the state, we, therefore, examined the common theoretical concepts that reveal the essence of the former. What about the second? What are the methods of performing state functions? Experts distinguish two main ones. The first is a method of persuasion. The main mechanism operating within it is the authority of an authority or a specific politician. State orders are carried out by citizens on a voluntary basis, with the realization that this is necessary, based on the commonality 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 makes decisions without considering, at least publicly, the will of citizens. In fact, of course, the authorities can well take into account the expected wishes of the subjects and build a policy based on them. But she is not obliged 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 prevails, is not common.
There is no consensus among historians as to which of the two methods was historically the first. Proponents of the point of view that coercion first appeared, argues their views by the fact that those 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. Managing society through authority was impossible due to the lack of institutional resources for this. Those experts who believe that persuasion nevertheless preceded coercion emphasize that many historical early state entities implied, first of all, a political system based on authority - a leader, 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 correlation between a specific form of state functions and one of two methods, the essence of which we have defined above? And here the opinions of experts differ. , , . , , , , . - .
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