Dubynskyi I. Evolution of functions of the modern state: general theoretical research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100834

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

17-03-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

Thesis for a candidate degree in juridical sciences: specialty 12.00.01 – Theory and History of State and Law; the history of political and legal studies (081-Law). – Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine, Mariupol, 2021. The dissertation is devoted to a comprehensive general theoretical analysis of the evolution of the functions of the modern state, clarifying their role in modern processes of the state and the formation of civil society. The dissertation proposes a classification of the functions of the state according to the temporal, axiological, structural-systemic, effective, meaningful and social criteria. Signs of law enforcement have been formulated as a fundamental legal form of the implementation of state functions, which include: integrativity; conceptual and dogmatic basis; mutual influence and interdependence on other functions of the state; conditionality by the system of regulatory and legal prescriptions; compensatory character; focus on ensuring and protecting human rights and freedoms. The article reveals the understanding of the state and its functions in the historical and legal aspect as a result of typification, generalization and reduction of various empirical components. It has been traced how the issues of effective right-of-way implementation, implementation of bills and laws are being actualized in the period of unstable state development, which is relevant for the Ukrainian state, in particular at the present stage of its development against the background of political, economic, social challenges and during the military aggression by the Russian Federation, annexation of Crimea and occupation of part of Donetsk and Lugansk regions. That is why law enforcement agencies and officials are called upon to solve the tasks most effectively and perform the functions assigned to them to streamline the processes of application of law in this historical period of development of the Ukrainian state. In today's Ukrainian realities, it is crucial to develop an understanding that the state is the bearer of rights, legal obligations and legal responsibility. From the organization of the state and the level of efficiency of its functioning depends on the stability and development of society, belonging to the rule of law, legal protection of the population, the embodiment of the common and individual interests of people. The modern democratic and rule of law achieves its goals through the effective fulfillment of its functions. Key words: state, functions of the state, traditional state, state of modern type, social purpose of the state, civil society, law, legal activity of the state, classification of functions of the state.

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