Methods and forms of state functions

At the moment, the state is the onlyA legitimate and internationally supported way of existence for a large community of people. Thanks to him, large and small social groups actively interact, develop and satisfy their needs.

Operation

Any state has a certain listfunctions. As a rule, they are the same for most countries, but some of them depend on the organizational-legal form, territorial structure, and status. It is impossible to imagine a society without a certain impact on it by the state, its regulation, including by means of laws.

Thus, it is the authorities of any country that are called upon toto prevent anarchy, legal nihilism in society, revolution, oppression of any strata of the population or individual citizens, to protect their borders and their people, to ensure sovereignty and sovereignty. The forms of exercising the functions of the state are such an outward expression of the activity by which the tasks are accomplished, the goal is achieved. Thus, the authorities exercise their powers, build a certain policy, build a unified, integral and developing society. The forms of exercising the functions of the state are legal and organizational. Let's take a closer look at each of them.

Legal Forms

Legal forms of exercising the functions of the stateare called upon to ensure the rule of law and order, the observance of rights and constitutional freedoms, the construction of such a society that would rely on the recognition of law. Such forms are connected with the legal activity of the authorities, and it should be noted that they are not inherent in any particular branch of government or are assigned to it primarily. The executive, legislative and judicial branches are equally involved in the implementation of functions, the only difference is that each branch operates within its competence. There are several types of legal forms.

Legislative

Such an activity of the state, whichthe goal is the creation of a legal norm, the construction of a single legislative system, will be called law-making, or, there is an even narrower concept, law-making. Thus, the bodies vested in the legislative initiative, 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, the republic, the province, and so on.

Law enforcement

Other legal forms of implementation of functionsStates rely on the executive. Thanks to it, the provisions of normative and legal acts, court decisions, orders and other instructions required by law, or a separate body, are implemented. This function ensures the reality and realization of the laid ideas and accepted directions.

The Trial

This is a special function to implementjustice. Any decision of the court in the Russian Federation is adopted and proclaimed on behalf of the state. One of the most important directions of the activities of the authorities in general, because it helps to maintain law and order. It should be noted that only the judicial branch has the judicial power, therefore no other body, apart from the courts of general jurisdiction, arbitration and arbitration, has the right to resolve specific legal disputes with the use or possibility of using state coercion to implement its decision.

Non-legal forms

Organizational forms for the implementation of functionsStates, rather, auxiliary, accessory to the legal. It is thanks to them that the activity of the authorities is ensured, and the powers entrusted to them are realized. Do not confuse organizational forms and enforcement. If the latter directly implements legal obligations, prescriptions and acts, the former only provides for their implementation, and may also be completely unrelated to the legal field. For example, the organization of events, the holding of meetings of government bodies, general management within their authority, and much more.

As a rule, such forms do not distinguish into separate species, but some scientists believe that a special distinction is required. So, for example, it is divided:

1. Organizational and regulatory - is aimed at solving certain tasks, it also ensures the current activities of the state and its bodies.
2. Organizational and economic - is designed to provide the material side, for example, procurement activities.
3. Organizational-ideological form - as a rule, explanatory. Many laws require a certain interpretation or justification for their necessity.

Methods

In addition to forms, the methods of implementing the functions of the state are also singled out. At the moment there are 3:

1. Persuasion - power, the state, recommends,agitates and calls for the commission of certain actions or refraining from such actions. One of the hallmarks of democracy is the prevalence of this method over the others. 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, it could be the recommendations of the Ministry of Health, which are currently located in our country on packets of cigarettes and some tobacco products.
2. Coercion is inherent in authoritarianism and moredegree to totalitarianism. With this method, the state forces us to comply with certain decisions or orders or forcefully refrain from committing acts. As an example, criminal prosecution and punishment, the activities of the bodies of the Federal Penitentiary Service and the FSSP.
3. Encouragement - the most difficult in its implementationmethod. The state, using it, should create such conditions under which the subject has a significant interest in the commission of an action. For example, a reward for the surrender of self-defense weapons, mitigation or exemption from punishment for admission of guilt or the denial of a crime.

Undoubtedly, there are other methods for implementing the functions of the state, but the above are well-established and are used most often in scientific literature.