Law enforcement policy as the basis for the modernization of law enforcement. Morality, politics and law enforcement The essence, features and mechanisms for implementing state law enforcement policy

They understand the specific direction of his activities. The functions of the state specify its social purpose.

There are several approaches to understanding the functions of the state, but most scientists adhere to the most developed theory, according to which the functions of the state are divided into external(to ensure the independence of the state externally) and internal(to ensure the supremacy of power within the country and management of general affairs).

Internal functions of the state:

economic - organization and regulation economic life;
stabilization— maintaining stability and peace in society;
coordination - ensuring social harmony and unity;
social - social security, fair distribution of benefits;
cultural and educational— support for culture and spiritual values;
legal - rule-making, protection of the constitutional system, rights, legality;
environmental - nature protection, ensuring a healthy environment.

External functions of the state:

defending national interests in international level — ensuring mutually beneficial international cooperation, coordinating efforts in solving global problems of humanity, ensuring the work of a number of government organizations— UN, Council of Europe, etc.;
defense organization and security state security - protection of state sovereignty, carrying out military actions against other states, etc.

Internal functions of the state

The internal functions of the state are divided into:

basic;
non-core.

Main name functions that can only be performed by the state.

Ensuring public order, security, rights and freedoms of citizens, including:

crime control;
population accounting and registration;
prevention of various disasters;
measures to eliminate consequences natural disasters.

Establishment and protection general rules social life: economic, political and other social relations (civil legislation, labor legislation, etc.).
Monetary and financial regulation(especially the issue - the issue of money).
Budget regulation, collection of taxes, duties; distribution of income and expenses in the budget.

Non-core functions can be divided into traditional (historically established) and “new” ones that emerged in the 20th century.

Traditional Not all states perform these functions. They are not the same; each state has its own historically established functions.

In Russia, traditional functions include:

transport and communications management;
education and health management;
protection of disabled persons and assistance to them;
funds management mass media.

Sometimes some traditional functions become redundant, and the state refuses to perform them. In particular, this happened with the management of the media; in Russia they were privatized, and now the state nominally controls only two channels on television: the First - as a shareholder - and the 2nd (Russia channel).

The “new” features include the following.

State entrepreneurship. The state is directly involved in production in the defense sector and in other areas where it must exercise control over production on behalf of society. This function was the main one in socialist countries, where the state was both the owner and the entrepreneur.
Influence on economic processes to maintain stable development national economy. The state implements this function both economic and administrative measures.
Social services. Influenced by the struggle of the working people, the state is engaged in social security, that is, pays various pensions, benefits large families, unemployment, housing benefits for the poor, etc.

External functions of the state

The use of the armed forces of the day to solve the foreign policy problems of the state.
Implementation of the country's geopolitical and global interests through diplomatic activities. Geo political interests connected with neighboring states, global concerns the situation throughout the world (non-proliferation of nuclear weapons, environmental problems).
Stimulating international economic activity, protection and support economic interests countries abroad.
Protecting the economic space from unfavorable external influences on the economy (customs; system of measures regulating imports and exports).

External functions are the main ones, since they are carried out only by the state.

Internal functions

IN modern period The Russian state has the following characteristics: main internal functions: economic, political, social, fiscal, environmental, law enforcement.

Economic function

In the theory of state and law Soviet period this function was designated as economic and organizational. Its role was great due to the complete nationalization of the economy, which, as we noted earlier, led to negative consequences for it - economic crisis(began to appear in the second half of the 70s of the XX century), which led, in turn, to a crisis in all spheres of society.

In the 1980s, this function shifted somewhat towards some expansion of the independence of enterprises, but this did not give the expected result. Since the beginning of the 1990s in Russia, the economic function of the state has changed dramatically: the state, in essence, has withdrawn from the economy, leaving it in the element of market relations. However, this approach as the other extreme did not bring a positive effect.

As practice has shown, these extreme approaches do not contribute to the effective development of the economy. Currently, there are emerging trends in changes in the economic function of the state towards greater intervention in the economy within reasonable limits, allowing, on the one hand, to properly stimulate labor, and on the other, to prevent distortions leading to the closure of enterprises, unemployment, and the export of capital abroad to the detriment of national interests, the liquidation of highly developed sectors of the economy, etc.

In conditions of demonopolization, the economic function covers the following areas of government activity:

real support for producers, including small businesses (subsidies, preferential taxation, defending the interests of Russian companies in the domestic and global markets, etc.);
preferential support for strategic, highly competitive in the world market and socially significant industries for Russia (creation of special zones, customs policy);
targeted investment policy (attracting domestic and foreign capital);
creation of an effective economic mechanism for the agricultural sector, and above all ensuring the right of private ownership of land;
a gradual decrease in inflation rates and slowdown in price growth;
training and retraining of personnel; stopping the process of “brain drain”.

Political function

This is the direction of government activity in political sphere. It has as its strategic focus the creation of a viable democratic society and ensuring democracy in various forms. This will be discussed in more detail in other chapters of the textbook.

Social function

Social function- This is the direction of the state’s activities in the social sphere. In Art. 7 of the Constitution of the Russian Federation states that the Russian Federation is a social state.

Based on the meaning of this article, it follows that the content of this function consists of:

V provision of all citizens of the Russian Federation. Special attention At the same time, the state must pay attention to the standard of living of the socially least well-off segments of the population (pensioners, students, disabled people, etc.) by paying pensions, benefits, scholarships, creating and operating homes for the elderly, and providing other types of social assistance. To implement the social function, it is necessary to mitigate and overcome such costs of the current transition period such as poverty, deepening inequality and rising unemployment. The state should pay attention to a more equal distribution of the burden of economic difficulties among different groups of the population;
public health protection by creating medical institutions, monitoring the cleanliness of the environment, the quality of food, and providing the population with medicines;
protection of childhood, motherhood, paternity by creating a network of preschool institutions, orphanages, boarding schools, providing assistance to families in need, etc.;
guaranteeing minimum wage by establishing the appropriate amount of such payment;
at all enterprises, regardless of their form of ownership, by establishing appropriate legislation and monitoring its compliance;
providing assistance to the population in extreme situations (flood, earthquake, fire, armed conflict, ethnic harassment, etc.) by creating conditions for the activities of insurance institutions, providing housing, paying one-time benefits, etc.

An integral part of the social function is the activity of the state in development of culture, science and education(in legal literature this activity is designated as a separate function).

The development of science is realized:

creating favorable conditions for creative activity scientific teams and for free competition of various scientific schools;
through the creation and support of scientific institutes, laboratories, test sites, financing scientific research, training of scientific personnel, holding conferences, etc.
supporting the priority development of fundamental theoretical research and fundamentally new technologies.

Development of culture implemented by supporting art, literature, theater, cinema, music, painting; development physical culture and sports; improving the work of radio, television and other media; preservation of historical cultural monuments, historical complexes, protected areas, archives, museums, libraries.

Development of education is implemented by creating state educational institutions and conditions for non-state educational institutions, improving the quality of education in all educational institutions.

Ecological function

The main content of the ecological function is nature conservation and rational use natural resources. To implement this function, the state must coordinate and control the activities of all enterprises, institutions, and specific individuals in the field of environmental protection, regulation of environmental management, and ensuring environmental safety. The ecological function should contribute to the health and improvement of the quality of the environment and the conservation of natural resources.

Fiscal function (function of taxation and collection of taxes)

It should be noted that the function under consideration is faced not only with the task of optimal tax collection to the treasury, but also with the task of regulatory impact on the economy.

Law enforcement function

It includes the activities of the state in three important areas:

protection of the rights and freedoms of citizens;
protection of all forms of property;
law enforcement.

Each of these inextricably linked components of the content of this triune function is currently undergoing significant changes.

Thus, in a state governed by the rule of law (which is what Russia is according to the Constitution), the rights and freedoms of citizens are the highest value of society. As is known, this principle was not previously recognized.

The state's law enforcement activities are also undergoing changes. Currently, the authorities, primarily the security forces, are required to take tough, quick and decisive measures to timely prevent and suppress terrorist gang attacks.

External functions

The main external functions are: national defense, ensuring peace and maintaining world order, international cooperation.

Country defense function

The Armed Forces, in accordance with this function, are intended to repel aggression directed against the state, to armedly defend the integrity and inviolability of the country’s territory, as well as to carry out tasks in accordance with its international treaties.

In every state, a significant share of the state budget is allocated to the maintenance of the armed forces. And so far there are no trends to reduce costs. This is largely explained by the difficult political situation in the world, which is clearly seen in the events that took place in Yugoslavia in 1999, when this country was bombed by NATO forces, and in the events in Iraq, where American troops and allied troops invaded without the appropriate international powers.

Function of ensuring peace and maintaining world order

Without the implementation of this function, humanity has no future. New world war will lead to the destruction of civilization. In turn, local military conflicts can lead to global military confrontation.

International cooperation

This function is implemented through the development of multilateral relations with other states, concluding agreements in various fields life of the world community.

In the legal literature, the function of international cooperation is divided into a number of narrower functions, for example, the function of cooperation and strengthening ties with the CIS countries, the function of cooperation with other countries in solving global problems, etc.

The function of cooperation and strengthening ties with the CIS countries arose for the Russian state with the formation of the Commonwealth of Independent States.

Carrying out the function in question, Russian state stands for strengthening the community, first of all:

through the formation of an economic union;
collective security systems;
joint border protection;
a comprehensive solution to the problem of compliance throughout the territory of the former USSR with internationally recognized standards in the field of human rights and national minorities, citizenship and the protection of displaced persons;
caring for Russians who find themselves outside the Russian Federation;
creating a unified information space.

It should be noted that when implementing this function, new problems may arise for Russia. The hotspots of conflicts near all borders, the protracted crisis of the economy, and indeed statehood itself, in a number of CIS countries pose a serious threat to the security of our country.

An important aspect of the international cooperation function is interaction between Russia and other countries the world community in solving global problems affecting the interests of every nation and humanity as a whole. These are the problems of space exploration and the safety of the planet, the protection of the World Ocean, the protection of flora and fauna, the prevention and elimination of the consequences of major industrial accidents, catastrophes, the fight against epidemics and the most dangerous diseases, etc.

The following can also be identified as separate external functions:

function of combating international terrorism;
ecological function.

These functions are both external and internal in content.

18.1. Substance, features and mechanisms for implementing state law enforcement policy

18.2. Law enforcement, human rights, judicial bodies and their role in the implementation of state law enforcement policy ( public policy in the field of law enforcement)

Essence, features and mechanisms for implementing state law enforcement policy

According to the Constitution of Ukraine, a person, his life, health, honor, dignity are recognized as the highest social value. Such declaration determines the content and direction of the activities of the state and all its bodies to approve, ensure and guarantee human rights and freedoms.

For a legal democratic state, recognition and practical implementation of human and civil rights and freedoms, ensuring their protection is one of the priority functions. The law enforcement function is the leading one in the system of internal functions of the state and provides for the guaranteed protection of the rights and freedoms of citizens by establishing an effective legal order, ensuring the rule of law, protection national security.

The law enforcement function is implemented through the law enforcement policy of the state, which is a component of state policy.

Law enforcement policy is a separate type of activity of the government and other public institutions at the national and local levels, aimed at:

Protection and protection of the constitutional values of the Ukrainian state and society;

Ensuring the principle of the rule of law;

Protection of the social order and territorial integrity established by the Constitution;

Protection of human rights and freedoms, protection of legal order, restoration of violated rights, detection and investigation of crimes.

The essence of law enforcement policy lies in the purposeful activities of power structures and government bodies at various levels aimed at ensuring law and order, as an objective need for the development of the state and society, and at preventing and suppressing crimes.

An important direction of state law enforcement policy is the formation of legal security, which is a universally significant value and meets the interests of society and citizens. The category "legal security" occupies a priority place in the system of national values. It is the fundamental design principle legal system, branches of law and their institutions from the point of view of ensuring safe functioning and development public relations. The dominant aspect of the security system is the creation of conditions for the safe existence of the individual, the realization of his rights and freedoms. So, the state must guarantee strict observance of laws, the implementation of the principle of legality, the security of the individual in society, and ensure an optimal balance between the protection of democratic institutions, common interests and the protection of individual rights and freedoms. Effective activities of the state (and society) to create safe living conditions ensure the natural functioning and development of social relations. The state must guarantee such means, methods and forms of activity of law enforcement and judicial bodies that would ensure respect for the rights and interests of individuals.

State law enforcement policy is also aimed at ensuring public order and public safety, guaranteeing the elimination of certain dangers both for the entire society and for individual citizens. It is important to distinguish between the concepts of “public order” and “public safety”. Social order is a system of relations, a set of established rules, a certain order, formed in society and meet the interests of the state and all its citizens. Public security is a system of relations that is formed in the process of preventing and eliminating threats to the life, health of citizens, and their property. Public security is a state when citizens are not in any danger, there is no threat of disruption to the normal functioning of state and non-state organizations.

The legal basis for the implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state is the Constitution of Ukraine, the Laws of Ukraine: “On the Police”, “On Operational Investigative Activities”, “On the Security Service”, “On Access to Judicial Decisions” , “On the Judicial System of Ukraine”, “On the Constitutional Court of Ukraine”, “On the Prosecutor’s Office”, “On the High Council of Justice”, “On the State executive service", "On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights", "On state security government bodies of Ukraine and officials"," On the organizational and legal foundations of the fight against organized crime "," On measures to combat the illicit trafficking of narcotic drugs, psychotropic substances and precursors and their abuse "," On state protection of court employees and law enforcement agencies ". Decrees of the President of Ukraine "On the National Program fight against corruption", "On improving the coordination activities of law enforcement agencies in the fight against corruption and organized crime", Resolutions of the Cabinet of Ministers of Ukraine "On the state security service under the Ministry of Internal Affairs", "On approval of standard regulations on the service for minors" and others.

The means that government bodies use to ensure the implementation of human and civil rights and freedoms, the formation of legal security, public safety and public order must be diverse in form and content and depend on the competence of the bodies and the place they occupy in the executive power system . The highest body in the executive system - the Cabinet of Ministers of Ukraine - has broad powers in the field of ensuring the rights and freedoms of citizens and in the formation of security. Protection of human rights and freedoms is a priority activity of the government. Its implementation is carried out mainly through the process of leadership and direct control over the work of ministries, central executive authorities, local state administrations, as well as through the issuance of special resolutions and orders. The government's activities to implement the rights and freedoms of citizens, the formation of legal, civil security, and public order should be based on the principles of the rule of law, legality, division of state power, collegiality, scientificity, and publicity.

A component of the state law enforcement policy, guarantees (guarantees) for the implementation of human and civil rights and freedoms, provides conditions, means, methods that ensure the full protection of individual rights and freedoms. Therefore, the specificity of the activities of the executive branch in relation to the rights and freedoms of citizens is the guarantee of their implementation. After all, the proclamation of any rights and freedoms of man and citizen, even their consolidation by the relevant legal acts of the state, is worth nothing without real guarantees of implementation and implementation. The concept of guarantee means a set of objective and subjective factors aimed at the practical implementation of rights and freedoms and at eliminating possible obstacles to their proper implementation.

Guarantees of human and civil rights provide for the provision of measures specified in domestic and international legislation. Domestic institutions for the protection of citizens' rights are a system of socio-economic, cultural, political and legal means and conditions that ensure the direct protection of human and civil rights. The system of special legal guarantees, among which administrative and legal guarantees occupy the leading place, becomes important in the practical implementation of the rights and freedoms of a citizen. Consequently, legal guarantors of individual rights and freedoms, as normative and legal means of ensuring them, are a set of interconnected and interacting normative, legal and institutional-organizational guarantees to ensure the implementation, protection and defense of human and civil rights and freedoms.

Regulatory and legal guarantees for ensuring the rights and freedoms of citizens are a set of legal norms that determine the scope of the rights, freedoms, and responsibilities of citizens, as well as the means established for their implementation and protection from violations. That is, these are the means established by law and legal norms by which the rights of citizens are protected and defended, their violations are stopped and eliminated, and violated rights are restored. Institutional and organizational guarantees for ensuring the rights and freedoms of citizens are the socio-political institutions provided for in regulatory legal acts, which are entrusted with the appropriate functions and powers to organize and implement legal support for the implementation, protection and defense of human and civil rights and freedoms. Regulatory-legal and institutional-organizational guarantees for ensuring rights and freedoms are closely related, since regulations regulate in detail the activities of state and public institutions in organizing and implementing activities aimed at ensuring rights and freedoms.

In the institutional and organizational aspect, the leading role in ensuring the rights and freedoms of man and citizen belongs to the President of Ukraine, who, according to Art. 102 of the Constitution of Ukraine, is the guarantor of the rights and freedoms of man and citizen. The implementation of these powers of the President is carried out through the initiation of laws and the issuance of decrees aimed at ensuring the rights and freedoms of man and citizen. The powers of the head of state in the sphere of protecting the rights and freedoms of citizens are embodied in the right of veto in relation to laws adopted by the Verkhovna Rada of Ukraine, in the right of the President to cancel acts of the Cabinet of Ministers, decisions of heads of local state administrations, and some other normative acts in case of violation of individual rights and freedoms in Ukraine.

The powers of the President as the guarantor of human and civil rights and freedoms are also implemented through the activities of such bodies as: the Presidential Secretariat; Commission under the President of Ukraine on Citizenship Issues; Office of Pardons; department of letters and reception of citizens at the Presidential Secretariat. The main goal of these bodies is to strengthen guarantees of respect for the rights of citizens.

The institutions that ensure the implementation of civil rights and freedoms, guaranteeing their protection, are the institution of the Verkhovna Rada Commissioner for Human Rights, the Verkhovna Rada of Ukraine Committee on Legal Policy, law enforcement, human rights bodies, and justice bodies. An important human rights function is performed by non-state entities and formations (public human rights organizations; public formations for the protection of public order and the state border; human rights movements).

Let us consider in more detail the features of the implementation of law enforcement policy through law enforcement, human rights activities and the administration of justice.

Law enforcement activities are aimed at ensuring the principle of the rule of law in society. Law enforcement is an important component of domestic state policy, general principles which is determined by the Verkhovna Rada of Ukraine. Law enforcement ensures the effectiveness of the Ukrainian state.

The priority tasks of law enforcement activities are:

Protection of the social system of the state established by the Constitution of Ukraine;

Protection of the political system;

Protection of the rights and legitimate interests of citizens, enterprises, institutions, organizations, subjects of all forms of ownership;

Countering the emergence of undesirable relationships and conflict manifestations in society.

A special place in the system of goals and objectives of law enforcement activities is occupied by the protection of human rights and freedoms, his safety, life, honor, dignity, and inviolability.

Law enforcement is a state lawful activity, the main goal of which is the protection of rights and the restoration of violated rights.

Composite law enforcement activity is a special law enforcement activity, the essence of which is the priority implementation of law enforcement of the constitutional order, national security, identification, investigation, suppression of crimes, execution of punishments. Special law enforcement activities are implemented through the activities of special services and are an instrument for the implementation of state leadership in resolving issues of political, economic, information, and financial security.

Law enforcement activities of the state are carried out through the system of law enforcement agencies. The Law of Ukraine “On State Protection of Court Employees and Law Enforcement Agencies” lists law enforcement agencies, which include:

Prosecutor's office;

Internal affairs bodies;

Security authorities;

Organs military service law and order in the Armed Forces of Ukraine;

Customs authorities;

State border protection authorities;

Bodies and institutions for the execution of punishments;

State tax authorities;

Bodies of the state control and audit service;

Fisheries authorities;

State forest protection bodies;

Other agencies that perform law enforcement or law enforcement functions.

The guarantee of human and civil rights and freedoms is characterized by the presence of effective justice - an integral attribute of a democratic rule of law. Effective justice is the quintessence of the regulatory and protective functions of the state. Through justice, citizens can defend their rights. Justice is a state activity carried out by the court by considering and deciding civil, criminal, economic and administrative cases in court sessions in a special procedural form established by law. The Law of Ukraine MPro Judicial System of Ukraine “notes that the main purpose of the court is to ensure the protection of the rights and freedoms of man and citizen guaranteed by the Constitution, the rights and legitimate interests of legal entities, the interests of society and the state. Judicial activity is a type of jurisdictional activity, which has characteristics and order, and human rights protection.

The main goal of judicial activity is the administration of justice, which combines such forms of legal proceedings as constitutional, administrative, economic, civil, and criminal. Courts provide legal protection of constitutional and other legal values. Judicial activity is a universal mechanism for the protection and protection of rights, restoration of violated rights, termination of violations of rights, and consideration of disputes in court. The mechanism of administrative and legal support for the rights and freedoms of man and citizen primarily covers administrative justice, the activities of administrative courts, as well as the entire judicial system in the field of protecting the rights and freedoms of citizens. Judicial protection of the rights and freedoms of man and citizen is considered as a type of state protection that must be provided by the state in accordance with Part 2 of Art. 55 of the Constitution of Ukraine. The right to judicial protection presupposes guarantees of effective restoration of rights through the administration of justice.

An important function of a democratic state is to ensure the protection and protection of the rights of citizens through human rights organizations that are independent from government agencies, as well as through individual government agencies. They are characterized by openness and democracy. Human rights activities consist of providing legal assistance to citizens, legal entities, foreigners, and stateless persons. The subjects of human rights activities are: public organizations (for example, human rights organizations, consumer rights protection associations); business structures (private entrepreneurs, legal entities), providing a variety of legal services; government bodies (judicial authorities, BP Commissioner for Human Rights); advocacy; notary office

The focus of the activities of law enforcement, human rights, and judicial bodies is determined by five main tasks:

1) preservation and protection of the existing constitutional system;

2) protection of constitutional rights and freedoms of citizens;

3) protection of legitimate interests of domestic producers;

4) fight against crime;

5) targeted development of the system of judicial and law enforcement activities.

Important factors in the effectiveness of judicial, law enforcement and human rights activities, as components of internal state policy, are the high level of competence and professionalism of the personnel of authorized bodies, as well as the perfect execution of organizational and managerial functions.

A specific feature of law enforcement activities in modern conditions is to use it as a means of management and control over the social sphere, over the development economic activity, over the course of socio-economic processes. There is an expansion of the influence of bodies, legal

practices on the functioning of the banking and financial sector, on the activities of various sectors of the national economy (such as the fuel and energy complex, transport), as well as on privatization processes, on the management of enterprises in the authorized capital of which there is a share of public funds. However, it should be pointed out that only the influence of law enforcement agencies on economic, financial, technical solutions taken in the process social management. This impact of law enforcement has a preventive effect. For detecting smuggling and stopping the production of low-quality products, law enforcement agencies (prosecutor's office, security services, customs authorities, border troops, internal affairs agencies, the legal profession) contribute to solving one of the key problems of the economy - protecting domestic producers, overcoming negative trade relations. This focus of law enforcement activities against undesirable socio-economic phenomena and the suspension of illegal actions is constructive and has a positive effect on political processes.

The effectiveness of state law enforcement policy largely depends on the interaction of law enforcement agencies, combining their efforts to combat crime and to protect the rights and freedoms of citizens. Such coordination of law enforcement activities is one of the management functions that unites and systematizes the efforts of law enforcement and other state and non-state bodies and institutions to achieve the main objectives of combating crime. The essence of coordination is to combine the efforts of law enforcement agencies in the fight against crime, especially organized crime, in preventing it, in coordinating actions, and in complying with the law.

The main forms of coordination of law enforcement activities are:

1) development and implementation of special operations;

2) joint operational meetings;

3) creation of joint investigative and operational groups;

4) exchange of information;

5) general analysis information;

6) joint trips to the regions (districts, regions);

7) introduction and use of unified data banks;

8) holding joint seminars, meetings, conferences;

9) publication of organizational and administrative documents;

10) exchange of experience.

Coordination of law enforcement management is an integral part of state policy and involves the formation of specific goals, ensuring coordinating actions, and determining the content of tactical operations.

Considering the intensification of international terrorism and transnational crime, international agreements play a leading role in coordinating the actions of law enforcement agencies of any country. International law enforcement cooperation is based on the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, as well as on decisions taken at the governmental or interdepartmental level.

The legal basis for organizing interaction is: constitutional requirements for the protection of human and civil rights; criminal procedure legislation; sectoral and special (functional) acts of legislation; decrees, orders of the President of Ukraine; Government resolutions on issues of combating crime and organizing law enforcement activities; government crime control programs; international treaties on issues of interaction in the fight against crime; departmental and interdepartmental regulations; acts of the General Prosecutor's Office of Ukraine on issues of organizing interaction.

The implementation of state policy in the sphere of protecting the rights and freedoms of citizens, the interests of society and the state from unlawful attacks, ensuring public order and public safety fall within the scope of tasks of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Internal Affairs and its local bodies, local state administrations and bodies local government. The Ministry of Internal Affairs is the central executive body, whose powers are defined in the Regulations on the Ministry of Internal Affairs. In a broad sense, ensuring public order and peace of citizens is the task of both state and non-state organizations.

Social purpose of the state Elective course in political science, grades 10-11 Compiled by G.V. Kushchenko, history teacher of the MKOU “Gaufskaya Secondary School” “Outside the state - the dominion of passions, war, fear, poverty, abomination, loneliness, barbarism, savagery, ignorance; in the state - the rule of reason, security, wealth, decency, sophistication, knowledge and favor." T. Hobbes Social purpose of the state in society    1. The state decides general affairs, governs the people living on its territory. The state identifies the common interests of its citizens: the desire for security, stability, and comfort. It promotes the preservation of public order, organizes and controls the implementation of activities necessary for the development of society as a whole     2. The state resolves social disputes (national, class, religious, etc.). The political elite is looking for compromises that, while preserving the foundations of the social system, would postpone the danger of a head-on collision of social groups. The responsibility to resolve conflicts between individuals, organizations, government agencies go to the courts. State power is also responsible for resolving external conflicts    3. The state uses legal and legitimate violence. Legality of coercion - compliance of coercive measures with the law. Legitimacy of violence - the degree of support of the measures taken by the population.  Coercion comes in the form of criminal punishment,  administrative, property and other sanctions.   Legitimacy is confirmed by data from public opinion, voting, referendums. The universal criterion for the legitimacy of coercion is its compliance with universal human values. “Bayonets are good for everything, but you can’t sit on them.” Talleyrand Functions of the state The functions of the state are the main directions of its activity, expressing the essence and purpose of the state in society. Functions of the state internal external Internal Political Law enforcement External Diplomacy Defense Foreign policy Law enforcement Social Social Development of healthcare, education, science, culture Ensuring national security Environmental Information Cultural cooperation Promoting the strengthening of global legality Environmental Information Transport Construction of public systems (roads, irrigation, reclamation, defensive etc.) Combating the consequences of emergency situations Cooperation in solving global problems Economic Foreign economic Main internal functions 1. Political: It is determined by the need to balance the interests of different social groups The state forms a parliament, ensuring democracy. The state ensures the protection of the constitutional system and state sovereignty The state carries out law-making activities   2. Economic It is expressed in the development of programs economic development countries  The state sets taxes  Issues loans, investments    Establishes benefits for business entities Creates legal basis market Manages enterprises owned by    3. Law enforcement It is aimed at ensuring accurate and complete implementation of laws by all citizens, organizations and government. Bodies The state applies legal measures Combats offenses with the help of a system of law enforcement agencies    4. Environmental On modern stage- one of the main functions of the state. The state develops environmental legislation External functions of the state 1. Diplomatic:  The state promotes the maintenance of acceptable relations with all countries, regardless of their ideology, economic system   2. Defense function: The state keeps its armed forces in a state of combat readiness to repel external aggression 3. Foreign policy:   The state carries out political cooperation with other states in order to eliminate global armed conflicts. The main bodies for coordinating the political interests of countries: the UN, the UN Security Council 5. Foreign economic:  Associated with the development of mutually beneficial cooperation with other states, manifested in international division labor, technology exchange, coordination of trade turnover, development of credit and financial relations. 6. Law enforcement:   Consists of resolving disputes between states, protecting those states and peoples that are not able to stand up for themselves. It manifests itself in the fight against international terrorism and crime. 8. Social:  Manifests itself in social assistance and support for developing countries, as well as countries in transition (aid, financial, humanitarian, etc.) 9. Cultural cooperation:   Carried out on the basis of bilateral and multilateral agreements between states, non-governmental organizations (IOC). Activities within the UN are coordinated by UNESCO 10. Promoting the establishment of global legitimacy:  Manifested in the development of norms international law(International Humanitarian Law, International Charter of Human Rights) 11. Information:  Presenting true information about international events to the world community and its people. 12. Ecological:  Participation in eliminating the consequences of environmental disasters 13. Cooperation of states in solving global problems of our time:  Organizing the rational use of natural resources, energy conservation, maintaining peace, implementing demographic policy, etc.

The functions of the state are the main directions of its activities, expressing the essence and purpose of the state in society.

The functions of the state reveal the real role it plays in resolving basic issues social development and above all in satisfying the diverse interests of the country's population.

The functions of the state are established depending on the main tasks facing the state at a particular stage of its development, and represent a means of implementing these tasks. The content of the state’s tasks is determined by various internal and external factors. If crisis phenomena in economic life put the task of reforming the economy in the first place, then social cataclysms force the state, first of all, to solve political problems. The growth of crime requires the state to take measures to identify it and eliminate the causes that give rise to it. The threat of external aggression forces us to more actively conduct diplomatic work and prepare the population to repel aggression.

There are internal and external functions states (Fig. 1.2).

Internal functions are the main directions of the state’s activities in managing the internal life of the country.

1. Political function. This function of the state is determined by the need to harmonize the interests of various social groups. Using methods such as holding referendums, plebiscites, elections, the state is able to identify the actual balance of social forces and take into account external factors in the functions of the state.

Internal Political Economic Social Law Enforcement -

Support and development of education, healthcare, science and culture

Construction of roads, irrigation, land reclamation and other public systems -

Transport -

Ecological -

Information -

Ensuring national security -

Combating the consequences of natural disasters -

Defense -

Diplomatic -

Foreign policy -

Promoting the establishment of global legality -

Foreign economic -

Law enforcement -

Social Environmental -

Information -

Cultural cooperation

Cooperation in resolving global problems Fig. 1.2. Functions of the state

in its policies the interests of various social groups and to prevent them from openly clashing. Particularly important is the process of forming parliament, which (ideally) should represent a cross-section of society. The organization of this process, ensuring democracy, is entrusted to the state. In addition, the state ensures the protection of the constitutional system, state sovereignty, carries out law-making activities and officially represents the population of the entire country in both internal and foreign affairs.

2. Economic function. It is expressed in the development and coordination by the state of the strategy and tactics of its economic development in the most optimal mode. To be more specific, then economic activity state is manifested in the establishment of taxes, issuing loans, investments, determining benefits for certain economic entities, developing economic development programs, etc. The state must create the legal foundations of the market, i.e.

E. develop “rules of the game” for business entities, take measures to combat monopolism, stimulate entrepreneurial activity, protect consumer rights, etc. In addition, the state can directly manage individual enterprises, some particularly important sectors of the national economy (energy, communications, nuclear, defense industry, astronautics, computer science, etc.). Here it acts as the owner of the means of production, the producer of material goods. 3.

Social function. Its implementation makes it possible to ensure normal living conditions for all members of society, regardless of their direct participation in the production of material goods, as well as age, gender, health, etc. Establishing a minimum level of wages, pensions, scholarships, benefits for the sick, disabled, elderly people, students, children, mothers, the unemployed; allocating the necessary funds for the construction of housing for low-income people, etc. - this is all that allows people to lead a decent and active life that contributes to their development, and not just existence. True, caution is needed here too: social policy carried out through taxes deducted from entrepreneurial activity, and if they are unreasonably high, then entrepreneurs lose the incentive to work. Social regulation based on the principle of equalization is not capable of ensuring the progress of society. Society may deteriorate for this reason. 4.

Law enforcement function. This is the activity of the state to ensure accurate and complete compliance with the provisions of the law by all citizens, organizations, and government bodies. This function is performed various methods. Among them are the following methods: a) lawmaking (development and adoption of laws and other regulations); b) organizational and legal, carried out by executive authorities (pricing regulation, permission to rallies, demonstrations); c) law enforcement (activities of competent authorities to apply legal liability measures), etc. A very important aspect of the state’s law enforcement activities is the fight against crime. It is carried out with the help of the entire system of law enforcement agencies. The funds invested in the law enforcement system are significant, and society has the right to count on a calm and safe life. If these funds do not produce returns and crime does not decrease, the ruling elite should think about whether it is effectively governing society.

5. Ecological function. IN lately moves forward into the category of the main functions of the state. Humanity has reached a point where its activities threaten the very existence of man: intensive and extensive use of natural resources, the use of some modern technologies upset the balance in natural environment, which changes the conditions of life on Earth, making them impossible for him. The unbridled exploitation of nature is leading humanity into the abyss. The state is obliged to provide for and curb this process through its regulations. Many countries have developed extensive environmental legislation that clearly regulates the activities of people and various organizations in the field of use of natural resources and environmental protection, and applies severe measures to violators (from warnings, substantial fines to the liquidation of enterprises that are sources of environmental pollution , imprisonment).

The state additionally carries out such functions as support and development of education, healthcare, science and culture, construction of roads, irrigation, land reclamation and public systems, transport, information, ensuring national security, and combating the consequences of natural disasters.

External functions are the main directions of the state’s activities in the international arena. Their implementation ensures the full existence of the state in modern world, which is becoming more and more interconnected. 1. Defense function. This function was of paramount importance in earlier times. Now the world is becoming more and more civilized, international organizations are taking upon themselves the regulation of territorial claims and the resolution of conflicts between states, preventing their military clash. And yet, even developed countries that have accumulated considerable experience in peaceful coexistence prefer to keep their armed forces in a state of combat readiness, since not all ruling elites yet listen to the world community, and modern weapons allow uncivilized rulers to fight over long distances in a short time deliver devastating blows. 2.

Diplomatic function. Fulfilling this function helps maintain acceptable relations with all countries, regardless of what ideology they adhere to or what economic system they use. Normal good neighborly relations are the minimum of communication in the international arena that allows us to achieve stability and prosperity for all mankind. 3.

Foreign policy function. Consists in political cooperation states in order to eliminate global armed conflicts. Main international body The UN that coordinates the political interests of modern states is the UN, while issues of political settlement of conflicts are dealt with by the Security Council, a permanent organ of the UN. Maintaining political stability and security in the world is also promoted by regional international organizations (League of Arab States, Organization of African Unity, Organization of American States, Association of Pacific Rim Nations, etc.). 4.

Promoting the establishment of global legality. This activity acquires an independent character and is manifested in participation in the development of international law. 5.

Foreign economic function. This function is associated with the development of mutually beneficial cooperation between states, which manifests itself in the international division of labor, specialization and cooperation of production, exchange the latest technologies, coordination of trade turnover, development of credit and financial relations. Economic cooperation most effectively between countries territorially connected to each other (European Economic Community, CIS countries, etc.). 6.

Law enforcement function. It consists of ensuring global law and order, resolving disputes between states, protecting those states and peoples that are not able to independently resist aggressors or defend their rights. It is also manifested in the fight against international terrorism, crime that knows no borders (Interpol), etc. 7.

Social function. It crystallizes more and more brightly. As part of this function, social assistance and support are provided in relation to developing countries (for example, Somalia, Ethiopia, etc.), as well as countries in transition (for example, CIS countries). Here are used various shapes assistance, ranging from the allocation of financial resources for specific purposes (for the development of the banking system, education, healthcare, birth control, etc.) and ending with humanitarian assistance. 8.

Ecological function. This function is currently being promoted to the category of external ones. The understanding has come that environmental disasters(accidents of oil tankers, nuclear power plants etc.) in individual countries ultimately harm the interests of all peoples and eliminating their consequences cannot remain only internal matter. 9.

Information function. Its release is only just beginning. But even now, countries that block the flow of truthful information about events in the world to their people are condemned.

In the modern world, the external activities of states will be effective only if they are based on universal human values, international legal acts, and take into account the national, economic, cultural and other characteristics and interests of all peoples included in them. world community. 10.

Cultural cooperation. It is carried out on the basis of bilateral and multilateral agreements between states and non-governmental organizations (International Union of Architects, International Chess Federation, International Olympic Committee, etc.). Within the UN framework, this cultural activity is coordinated by UNESCO.

P. Cooperation of states in solving global problems of our time. Carried out on issues such as rational use natural resources, conservation of energy, maintenance of peace, implementation of demographic policy, etc., affecting the interests of all peoples.

When considering the functions of the state, one should also look to the future. As society develops, the number of these functions will steadily increase. The reason lies on the surface: the development of relationships between people and nations gives rise to new points of contact and common problems, which only the state can resolve. "

Along with morality and law, a number of other social regulators operate in society, the most important among which is policy.

The main question of politics is the question of power, its conquest, use and retention.

Differences:

The existence of differences between politics and morality under certain conditions can result in contradictions between them:

1. Politics is more changeable than morality, therefore political actions may contradict outdated moral norms, which become an obstacle to the implementation of political goals that reflect the needs formed in society.

2. There is a problem of observing the principle of fairness when implementing policies in the field of law enforcement. The point is that the interests of both victims and offenders must be protected equally.

3. In situations where politics does not meet the interests of society, it conflicts with correct moral principles.

4. The contradiction between morality and politics may not be really realized by people ( Stalin's repressions), and vice versa, in reality such a contradiction may not exist, but for one reason or another a person can perceive it (strikes of employees of corporatized enterprises).

The fundamental principle of morality - humanism is manifested in the legislative enshrinement of the duty of police officers to provide persons who received bodily injuries during the use of coercive means with the provision of pre-medical care and notification of their relatives as soon as possible (clauses 4, 5, article 19).

It is also important to determine for each special means separately the grounds and the order of their use. In addition, Russian law allowed the police to use all special means in cases where the use of firearms is possible, which is understandable due to the relatively lower degree of danger special means.

An analysis of Article 22 shows that the prohibition to use special means “when suppressing illegal meetings, rallies, demonstrations, processions and pickets of a non-violent nature that do not disrupt public order, the operation of transport, communications and organizations” is also ethical in nature (clause 1.2). .

In accordance with the fundamental moral principle of humanism, it is prohibited to use special means against women with visible signs pregnancy, persons with obvious signs of disability and minors, except in cases where they provide armed resistance, commit a group or other attack that threatens the life or health of people (clause 1.1).

Humane is the ban on the use of firearms with a lethal shot against women, persons with obvious signs of disability, minors, when the age is obvious or known to the employee, except in cases of armed or group attack that threatens the lives of people, as well as in a significant crowd of people when third parties may suffer from this (clauses 5, 6).

The use of physical force, special means and firearms in excess of authority entails liability established by law.

It should be noted that although the police have a wider scope of rights to use coercive measures than other government bodies, their use is not the only means at their disposal. The police are not a body for coercion or violence; its purpose is to protect and ensure the personal safety of citizens, the state and society as a whole.