THE CATEGORY «STATE FUNCTION» IN MODERN DOMESTIC LEGAL SCIENCE
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 60, Issue 2
Abstract
The diverse conceptual apparatus of legal science is in a permanent state of renovation, which takes place in accordance with the development of state-legal phenomen. But there are a number of categories that, regardless of the stage of its functioning, are at the forefront of scientific thought and cause research disputes. Among a large number of such concepts a special place today occupies the Institute of «functions of the state» - one of the central in the doctrine of the state and law. Scientists who studied these problems considered the functions of the state as the main directions of its activity, aimed at maintaining its own systemic value, linking the existence of the first with the effectiveness of communication with society. In addition, the legal science of that period is known attempts to justify the parameters of such communication through the functions of the state, which are due to the type and form of the state itself. The general scientific character of the category «function» determines different approaches to its interpretation and actualizes the need to determine its legal content. Although such a narrow scientific approach should not exclude the philosophical understanding of this term. There is agreement with the definition of the function of the state as the main directions of its activities, expressing its essence and social purpose in the management of public affairs. This approach, in the opinion of the author, is entirely consistent with the philosophical and general scientific interpretation of the category «function». Modern legal science formulated a variety of approaches to the classification of state functions. Their diversity is due, first of all, to a wide range of criteria that researchers choose. At the same time, it is impossible to distinguish one of them, the most correct one: they are used for different purposes, and, consequently, can not replace each other. Over the past decades, the European Union has moved significantly towards becoming a supranational organization with its own powers. European integration causes the transformation of the entire complex of functions of the member states, but primarily their internal functions.
Authors and Affiliations
Alexander Kurakin
Keywords
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