The functions of the state lie in specific actions that the authorities are capable of committing. What is a form of government? This is the totality of the implementation or methods of functioning of state power within the framework of the law. Functions can be divided into legal and organizational, while the forms of government are different and laid down in each state by history.
Legal
The set of methods for exercising state power is a form of government that can be different. The legal form is described as an activity that includes significant legal actions by governments that do not violate the established legal order. Separate classifications of the implementation of a particular mode are distinguished. The legal forms of exercising state power include:
- law-making activities;
- managerial;
- judicial activity.
The described classification is based on the principle of separation of powers. Some authors, for example, Baitini, add to this list additional state control activities.
Different types
Forms and methods of exercising state power are inextricably linked. Legal forms in this section are classified into the following:
- Law-making activity is a form of functioning of the government in which the creation of normative acts, the publication of new legal norms, as well as their authorization and amendment are carried out. The most important component of such a device is the foundation - the law.
- Law enforcement is a form of government in which the country's authorities comply with laws and by-laws through the publication of new ones. In this case, they distinguish operational-executive activities, as well as law enforcement.
Executive functions
Forms and methods of exercising state power include operational and executive functions - an imperious, creative, executive and administrative function, which are carried out through the publication of acts of application of the rule of law. They are the basis for creating, adjusting, and also breaking off legal relations in a specific situation. The operational-executive function is responsible for a variety of issues that arise on the territory of the country every day and need to be considered by the executive body.
Security activities - a form of state power, which consists in the operational activities of government bodies to protect the subjective rights granted to residents of the country and to monitor the implementation of the obligation of a legal nature assigned to them (monitoring the implementation of basic norms and eliminating violations).
In the exercise of the law enforcement function, the goal of the state is to create law enforcement acts (protests, sentences, decisions of investigators and decisions of bailiffs).
Organizational Forms
The concepts of the form of exercising state power would be incomplete without the organizational implementation of the board. Organizational forms of government are slightly different from legal ones, but they are used just as actively.
Activities of this type do not require strict and complete legalization. During its implementation, no actions are taken that could be somehow valuable for jurisprudence, that is, they do not entail legal consequences.
Organization activities do not require the publication of any specific legal acts and norms, therefore, they are carried out in accordance with the current management activities. Nevertheless, all organizational processes must be completed within the framework of the established legislation; in this case, the law will regulate only the general procedure of the chain of actions.
The organizational form of government can include the following activities:
- household;
- regulatory;
- ideological.
Organizational and regulatory activities
Another main form of exercising state power. This concept refers to the organization’s operational work to resolve certain issues and tasks (the activities of state organizations to ensure the functioning of the government, in which documents, projects are created and prepared, elections and other events important to politics and the country are organized).
Organizational and economic activities
Operational and technical activities aimed at controlling the versatile functions of the state. For example, control of supply and sales, business case, audit activity.
Organizational and ideological activity
Forms and methods of exercising state power include organizational and ideological activity. It is permanent, therefore it is carried out daily. When it is carried out explanatory and educational work, the purpose of which is to monitor the correct and conscientious performance of the main functions assigned to the state:
- a detailed description of laws and other regulations issued;
- creating a general public opinion that could give a concrete answer to the question.
State power, its properties and forms of implementation do not tolerate confusion between organizational (non-legal) forms and actions of political officials against generally established law. Behavior of this nature may be associated with direct threats, violence, intimidation, trauma to the psyche - all this goes beyond the scope of law. In a country with democratic rule, achieving political goals is likewise prohibited and punishable by law.
But this also will not mean that the government cannot use the elements of coercion in its functioning. When implementing its main functions, the state apparatus may, depending on the situation, apply different methods: persuasion, coercion, encouragement or punishment of the other side.
Basic properties
In addition to functions, the state also has properties that, in turn, are divided into basic and additional. It should be noted that the properties of the state at some points overlap with its features. The main ones are:
- Publicity. Publicity in a broad sense is defined in the public character of power (although each country has a sign of publicity). If we consider the concept in the narrow sense within the framework of the general theory of law, then it can be described as the correspondence of professional skills of subjects of power to its objects. Citizens residing in the country delegate all powers to manage public affairs, thereby recognizing the right to publicity of all functioning management bodies.
- Sovereignty, supremacy - almost the same properties. Rule of law - independence of state activity within the framework of its permissions. Sovereignty means the impossibility of influencing internal affairs in the country due to the redistribution of state borders. The supremacy of state power within a country indicates not only its independence, but also the high status of power, which regulates social, economic and other aspects.
- Universality is a property that also, in a sense, coincides with a sign of the state. Power within its universality extends its influence to all cities and regions of the country, as well as to all residents in the redistribution of established borders.
- Rulemaking assigned to the state apparatus. Authorities are distinguished by the generally binding feature of the exclusive right to create and establish regulatory rights. Every citizen residing in the country must strictly abide by the established rules and norms, otherwise responsibility will be imposed on him.
- Separation of power. This is the most effective and most common method of activity of officials and bodies within the country. The division of power is important to protect the rights and freedoms of a person living in the state. On the territory of Russia, as well as other countries with recognized democracy, power is divided into executive, legislative and judicial. All of these branches function independently and are not dependent on each other, but have certain functionality that can affect the rest. This helps to prevent the emergence of an authoritarian regime in the process of government. All branches of state power for effective and proper functioning must be interconnected, that is, interact with each other.
Additional features of state power
In addition to the main properties, there are additional ones:
- Unity. This property suggests that it is the state apparatus, even if there is a separation of power into separate branches, that does not include competition between these sections. Unity and separation of power under conditions of power are two concepts that are firmly connected to each other.
- Compulsory and compulsory. This property is described by the presence of power mechanisms of action on residents living in the country. It is characterized by a mandatory character, which cannot be influenced by an individual in the event of his disagreement with respect to generally established norms and rules. Evasion of duties will result in enforcement measures being imposed on the citizen.
Many properties of state power overlap with each other and are combined with signs, which indicates a strong interconnection, interdependence and complementarity of the organs and institutions of the state.
Structure
State power consists of the following parts:
- subject;
- an object;
- power relations;
- means and resources playing the role of tools.
Of course, the subjects are not only volost bodies formed by the state, but also other entities that have certain powers - the subject of the Russian Federation, nationality, nation and the whole electoral corps.
In this case, the object of state power will be a legal entity or individual, an individual, groups, associations, classes, society in all its manifestations.
An object is that to whom state power is directed, a certain form of behavior, a chain of actions and actions are prescribed to it. The prescribed standards of conduct are communicated to persons through legal acts, individual norms and other legal documents. They work under the condition of coercion, conviction and dependence on authority.
Totalitarian and Democratic Regime
It is important to note that in a state with a totalitarian regime, the subject in acute form is opposed to the object. The following regularity was deduced: the higher the level of totalitarianism of the dictatorship within the country (for example, the fascist dictatorship), the stronger the opposition between the government and the population is expressed. Sometimes it takes very dangerous forms and leads to serious consequences.
In a state with a democratic regime, the subject and object (who the power is aimed at) coincide with each other. In such circumstances, a resident can not only freely choose representatives of the authorities, but also propose his candidacy, he can initiate a recall of the deputy and more. A referendum in such a society is a means of resolving the economic, political, and vital issues of the population.
The article presented forms of exercising state power.