At the moment, the state is the only legitimate and internationally supported way of existence of a large community of people. Thanks to him, large and small social groups actively interact, develop and satisfy their needs.
Functioning
Any state has a certain list of functions. As a rule, they are the same for most countries, but some of them depend on the legal form, territorial structure, as well as status. It is impossible to imagine a society without a definite impact on it by the state, its regulation, including through laws.
So, it is the authorities of any country that are called upon to prevent anarchy, legal nihilism in society, revolution, oppression of any sections of the population or individual citizens, to protect their borders and their people, to ensure sovereignty and sovereignty. Forms of the implementation of the functions of the state is such an external expression of activity through which tasks are realized and goals are achieved. Thus, the authorities exercise their powers, build a certain policy, build a single, integral and developing society. Forms of the exercise of state functions are legal and organizational. We will dwell on each of them in more detail.
Legal Forms
Legal forms of exercising the functions of the state are called upon to ensure the rule of law and order, the observance of rights and constitutional freedoms, and the building of such a society that would be based on the recognition of law. Such forms are associated with the legal activities of authorities, it should be noted that they are not inherent in any particular branch of government or assigned to it primarily. The executive, legislative and judicial branches of government are equally involved in the implementation of functions, the only difference is that each branch operates within its competencies. There are several types of legal forms.
Law making
Such activity of the state, which aims at creating a legal norm, building a unified legislative system, will be called law-making, or, there is an even narrower concept, law-making. Thus, the bodies vested with the legislative initiative in accordance with the Constitution , as well as local self-government bodies, legislative assemblies of the subjects, have the right to take a direct part in the choice of the legal fate of the state and its citizens or a separate region, republic, territory, etc.
Executive
The remaining legal forms of exercising the functions of the state are based precisely on the executive. Thanks to it, the provisions of normative legal acts, court decisions, orders and other necessary for the execution of the instructions of the law, or a separate body are implemented. This function provides the reality and implementation of ideas and accepted directions.
Trial
This is a special function for administering justice. Any court decision in the Russian Federation is adopted and proclaimed on behalf of the state. One of the most important areas of activity of the authorities in general, because with its help, law and order are maintained. It is worth noting that only the judicial branch has judicial power, therefore, no other body, except courts of general jurisdiction, arbitration and arbitration, has the right to resolve specific legal disputes using or the possibility of applying state coercion to implement its decision.
Unlawful forms
Organizational forms of exercising the functions of the state are, rather, auxiliary, accessory in relation to legal. It is thanks to them that the activities of the authorities are ensured, and the powers assigned to them are realized. Do not confuse organizational forms and law enforcement. If the latter directly implements legal duties, regulations and acts, the former only ensures their implementation, and may also be completely unrelated to the legal field. For example, organizing events, holding meetings of government bodies, general management within the framework of their authority, and much more.
As a rule, such forms are not distinguished into separate species, however, some scientists believe that a special distinction is required. So, for example, it is divided:
- Organizational and regulatory - aimed at solving certain problems, also provides the ongoing activities of the state and its bodies.
- Organizational and economic - designed to provide the material side, for example, supply activities.
- Organizational and ideological form - as a rule, explanatory. Many laws require a certain interpretation or justification for their necessity.
Methods
In addition to forms, methods of exercising the functions of the state are also distinguished. At the moment there are 3 of them:
- Belief - power, the state, recommends, agitates and calls for the commission of certain actions or abstinence from those. One of the signs of democracy is the prevalence of this method over the rest. It is designed for a high level of literacy and legal culture of the population, as well as the existence of a fairly stable, law-abiding society. For example, these may be recommendations of the Ministry of Health, which are currently located in our state on packs of cigarettes and some tobacco products.
- Coercion is inherent in authoritarianism and, to a greater extent, totalitarianism. With this method, the state forces us to execute certain decisions or orders or to forcibly refrain from taking actions. As an example, criminal prosecution and punishment, the activities of the bodies of the FSIN and FSSP.
- Promotion is the most difficult method in its implementation. Using the state, the state must create such conditions under which the subject has a significant interest in the commission of any action. For example, a reward for surrendering a weapon of self-defense, mitigation or release from punishment for a guilty plea or refusal of a crime.
Of course, other methods of exercising the functions of the state are also distinguished, but the above are established and are used most often in the scientific literature.