principles of the functioning of state institutions in general are known to most citizens of modern states.However, political science, for whatever reasons, allow discussions on a number of issues - especially those relating to the forms and methods of realization of imperious institutes under their functions.What kind of controversy here is appropriate?
fact that for the terms in question, there is no single point of view.The forms and methods of the state functions, the concept and their kinds can be determined only in the course of finding a compromise between a number of concepts which can be quite disparate.What are they - the very controversial point of view?On the basis of the concepts of what defines the essence of the phenomena in question?
Functions State
First we will examine the concept of state functions.Under such modern scholars recognize the main directions in which the relevant institutions carry out their activities.The meaningful aspect of functions of the state may be related, according to some experts, the historical period in its development.In particular, in the years of the USSR institutions activity was aimed at the practical realization of the communist ideology.Functions of the State in a market economy, of course, in most cases are not linked to a global idea, but at the same time may also reflect certain national interests.
There is a point of view on the structure of the relevant activities in which they can be divided into external and internal.Moreover, by its very nature, these functions are sufficiently versatile and fit the description of most modern states.Call them.
external functions of the state are classified according to four key areas of development in any country - economic, political, social and spiritual.The theory of functions of the state in question, suggests the following distribution of the internal activities of institutions.
1. The economy: management of industrial and service infrastructure, cash flows, and promotion of scientific and technological developments, advocate protection policy.
2. In politics: the creation and reproduction of institutions of government, legislation, execution of legal acts, the competent national policy, the contents of the security forces.
3. In the social sphere: the development of the family institution, support for socially vulnerable groups of citizens, support of key institutions - health, education, sports development.
4. In the spiritual realm: the creation of conditions for equal rights of people in the choice of religion, support of culture, science and the arts.
In turn, the performance of the functions of the state in the external aspect can be carried out in the following directions:
- maintenance of the army, border services;
- maintenance of international politics (economic cooperation, military-political, cultural, etc.);
- participation in peacekeeping operations, humanitarian assistance to States in need;
- the protection of citizens abroad, promoting the advocacy of national business organizations;
criteria by which activities can be classified as public institutions, quite a lot.The concept of state functions - the subject of scientific debate.There are experts who see the basis for the classification method institutes of the power of their functions.In this case, the activity can be divided into regulatory (lawmaking), executive (implementation of legal provisions) and protective (protection of the laws).
There is a theory according to which the state carries out and does a global function - is the fulfillment of a public contract with the peoples who inhabited the territory of the country, which is referred to the appropriate government institutions the right to manage and protect.In this case, those activity in question is a specific problem in the framework of the basic function.Question the legitimacy of concepts, including those that we have voiced, it is an example of one of the numerous discussions in the scientific community.
Authorities
Implementation of functions of the state takes place, if you follow the common theoretical concept through activities produced by various authorities.Classification of such in the scientific literature also has a large number of bases, as well as the definition of the relevant term.One of the most common in the modern criteria of the expert community - the nature of the functions performed by the body.If you take it as a basis, the classification is as follows.
1. Legislatures.
This kind of structure creates legal acts, which is implemented on the basis of the main political function of the state - the implementation of the social contract.Legislatures in modern democracies, as a rule, are both also representative.That is the practical work on the development of legal acts performed by people representing the interests of different groups of citizens.Assigned they usually through elections.
2. The executive bodies.
These structures are responsible for the implementation adopted at the legislative level, the rule of law.People doing work in the executive branch, as a rule, are appointed, not elected.The exception may be the position of president of the country (if in the constitution stated that he is the highest executive entity).
3. The judicial authorities.
intended to facilitate the correct implementation of the legal acts issued at the legislative level - at the level of the interpretation of laws, and the enforcement aspect of adherence to the standards spelled out in them.In most democratic countries the courts legally independent from other authorities.When re-election of the parliament, the government, or even reassignment due to the regime change, in many cases, the judge is not re-elected.Moreover, they can become a guarantor of the functioning of the state in the conditions of political crisis, when it is not clear in whose hands the power.
However, variants are possible in which the political function of the state is carried out in the framework of other models.For example, the variant in which the first two types of actually combined into one.And while the government may well develop itself.A striking example - the Chinese political system.
There's no separation of powers between the legislature and the executive.The functions of state and law specific to the relevant institutions, performs a single body - the National Assembly.In turn, it is presented as a rather complex structure of various committees and departments.
format Federation
political function of the state can be implemented at different levels.Everything depends on the structure of the administrative structure of the country.There unitary state - they are the corresponding function is implemented primarily at the national level, with a delegation of powers to the municipalities.There are countries, federations, which 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 political function.
degree distribution of powers in different federations can be very disparate.For example, many experts believe that the appropriate form of government in Russia involves a significant centralization of government institutions.This is reflected in a strict chain of command fiscal policy, in which the leading role is played by the Federal Reserve (despite the presence of regional and municipal management that at the relevant levels of government, from the point of view of the law can be implemented stand-alone).
In turn, one of the first federal states in the world - the United States, the powers of individual subjects are expressed, as experts note, stronger.In particular, such a document as the Constitution, everyone has the state.Suffice pronounced independence in the conduct of fiscal policy, building up the administrative system.
functions non-state actors
The variant in which one or another form and methods of implementation of the functions of the state will be implemented structures are not formally included in the system of government institutions.How is it possible?In the world practice - both in historical perspective and as an example of modern political processes, such precedents are present in large numbers.For example, in some Muslim countries the functions related to lawmaking and judicial proceedings perform religious organizations.The Soviet Union is very broad powers, as some experts have been endowed with the unions.They performed a significant amount of executive functions in terms of labor relations and largely replaced the institutional authorities in this range of issues.
also some forms and methods of implementation of the functions of the state can carry out the structures that are established by the authorities, however, classic institutions, again, are not.For example, it can be administrative control within ministries or, for example, administrative commission.The same unit of government - is a good example.It is a state organization, has a supporting role in the activities of the main authority.In this sense, the experts emphasize the need to distinguish between the two terms.The first - is the "authority".He may be represented by appropriate legislative, executive and judicial structures.The second - a "public authority", which does not carry out any political function.Typically, this type of administrative structure.
The forms
Our main task - to find out what are the forms and methods of implementation of the functions of the state.But before exploring the essence of each of them, it is necessary to determine the conceptual apparatus.What we mean by this form of the functions of the state?In the scientific community spread the following definition.The forms of the functions of the state - is ordered on the basis of external characteristics, a set of activities by which implements the functions of institutions.As we see this definition is very close to us at the beginning of this article on the functions of the state.Among experts, there are two points of view on this matter.
According to the first, "function" and "form" of their implementation, in principle, can be identified.According to the second, the first part of the second are.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 of the concept of the functions that we have given above, quite clearly fits into the scheme: under them understood what tasks facing the state.In those same four basic levels in the aspect of internal activities and trends in the external vector.Accordingly, having on the agenda the problem ("feature"), the state carries out the activity (choose "Form") to address them.
Identify methods
now define that as a method of the functions of the state.According to the common point of view, they are understood as ways in which the institutions of government affect civil society actors, solving actual problems.Thus, the shape of the functions of "answers" to the question: how the state solves its problem.In turn, discloses a method of another aspect.Namely - as the institutions of the relevant authorities guarantee the solution of problems within the chosen form of the functions.
now reveal the essence of each of the terms.Imagine that we are in the exam.Take a ticket, open it and read, "What form of the functions of the state."How we answer this question?
Basic forms
try to focus on the following algorithm.According to him, kind of embodiment of the functions of the state can be classified as.
1. The activities of the law-making character.
As part of their close overlap functions of the state and law.Activity in question, involve activities of the authorities associated with the creation and implementation of laws.
As we can see, this form is very close to the concept of "function" nature of lawmaking, the definition of which we gave at the beginning of this article.We can lay hold of the very first point of view that identifies these two terms.But there is also an option - to distinguish between them.In this case, the activity of the law-making character are not "objective" of the state, as a mechanism for addressing the other.That is the one that represents the publication of laws and regulations.It follows that there is a problem - to publish the sources of law, is a function of the state.Is there a mechanism for its solution - the appropriate activity (issue of laws, parliamentary hearings, peer reviews, etc.).This is the form of the law-making functions of the state.
2. Organizational activity.
scheme shape of the functions of the state in question, in turn, close enough to the activity of the executive authorities.The difference, however, is clearly seen if we classify the appropriate forms.How?The main forms of the functions of the state that are organizing, according to a common point of view can be divided into the following categories:
- regulates the activity;
- economic activity;
- ideological work.
an example of this classification, we can trace through some "tools" solved the respective tasks that face the country.In turn, the nature of the activity of the law-making in many respects may overlap with the activities of organizational type.In which forms it can be observed?For example, in the course of law enforcement or relevant law enforcement authorities.
Basic methods
studying the forms and methods of implementation of the functions of the state, we thus considered the common theoretical concepts, revealing the essence of the first.As with the second?What are the methods of the functions of the state?Experts identify two main ones.The first - a method of persuasion.The main mechanism operating within it - prestige of authority or a specific politician.Regulations state run by citizens on a voluntary basis, in the knowledge that it is necessary, on the basis of common interests with the authorities, the structure of the social contract.The second main method is based on coercion.The implication is that the government makes decisions without considering, at least publicly, the will of citizens.In fact, of course, the government may well take the utmost consideration to the wishes of citizens and to build policy on the basis of them.But to do this it is acting within the framework of enforcement mechanisms, no obligation.Although, in practice, this kind of coincidence - the wishes of the citizens and the authorities in those political regimes where the predominant place is coercion, are rare.
among historians there is no consensus on which of the two methods was historically the first.Proponents of the view that first appeared coercion argue his views that the mechanisms by which the authority would be recognized throughout society - mainly, it's democratic institutions, the direct election of the channels of communication in the form of media, etc., wererecently.Manage society through the authority was not possible due to lack of institutional capacity to do so.Those experts, who believe that the conviction is still preceded by compulsion, focus attention on the fact that many of the historical early-education implies, first of all, the political system on the basis of the authority - the leader, commander.Moreover, experts note, the Institute for Democracy is not new.Suffice it to recall, as the Greek city-states functioned, or, for example, the Novgorod Republic.
combination of forms and methods
Is there a direct relationship between the specific form of the functions of the state and one of the two methods, the essence of which we have identified above?Here, expert opinions diverge.
