What is a social state. Social state: theory and practice. Social Functions of the State: Reality and Declaration

Social state (The state of universal welfare, the state of universal benefits) is a political system in which each citizen is guaranteed a decent standard of living and a wide range of social benefits: employment, housing, medical care, education, pension, etc.

Signs of social state.

The formation of a social state is the process not only economic and political, but also the process of moral, requiring "human" measurement.

1. Democratic organization of state power.

2. High moral level of citizens and primarily - officials of the state.

3. Powerful economic potential that allows measures to redistribute income, without increasing the significance of the statements.

4. Socially oriented structure of the economy, which is manifested in the existence of various forms of ownership with a significant share of state ownership in the right areas of the economy.

5. Legal development of the state, the availability of the qualities of the legal state.

6. The existence of a civil society, in the hands of which the state acts as a tool for conducting socially oriented policies.

7. The pronounced social focus of the state policy, which is manifested in the development of a variety of social programs and the priorities of their implementation.

8. The presence of the state for such purposes as the establishment of a universal good, approval in the society of social justice, providing each citizen:

a) worthy conditions of existence;

b) social security;

c) equal starting opportunities for personality self-realization.

9. The presence of developed social legislation (legislation on social protection of the population, such as the Code of Social Laws, as is the case in Germany).

10. Fastening the formula "Social State" in the Constitution of the country.

Functions of the social state.

Speaking of the functions of the social state, the following circumstances should be borne in mind:

a) it is inherent in all traditional functions, due to its nature of the state as such;

b) In the framework of the general social function, specific areas of activity of the social state can be distinguished. Specific functions.

The latter, in particular, belong:

1. Support for socially unprotected categories of the population;

2. labor protection and human health;

3. Support for family, motherhood, paternity and childhood;

4. Smoothing of social inequality by redistributing revenues between various social layers through taxation, state budget, special social programs;

5. Promoting charitable activities (in particular, by providing tax benefits to entrepreneurial structures carrying out charitable activities);

6. Financing and support of fundamental research and cultural programs;

7. Fighting unemployment, ensuring employment employment, payment of unemployment benefits;

8. Finding a balance between free market economies and a measure of state impact on its development in order to ensure a decent life of all citizens;

9. Participation in the implementation of interstate environmental, cultural and social programs, solving universal problems;

10. Caring for the preservation of peace in society.

Types of social state:

Primary social state;

State social services;

State social benefit;

Social state.

Periodization of the development of the social state:

The first stage (since the 70s of the Hih century. Until the 30s of the twentieth century.) - Socialist;

The second stage (since the 30s of the twentieth century. Until the end of the 40s) - legal social state;

The third stage (from the end of the 40s to the 60s of the twentieth century) is the state of social services;

The fourth stage (from the end of the 50s to the mid-80s) is a state of universal benefits;

The fifth stage (from the beginning of the 80s in the mid-90s) - degradation and crisis of the state of universal benefits;

The sixth stage (from the mid-90s of the twentieth century. To the present) - a liberal social state.

The first type of social state is the primary social state It was associated with the emergence of the states of social security, social protection, public health and education on the basis of the prevalence of these functions on all, their legal framework, the availability of a social budget and specialized social structures. This type correlates with the first ("socialist") and the second ("legal") stages of the development of the social state . This is the first form of a social state in which the presence of legal foundations, social budget and specialized social structures generates specific functions that are not characteristic of other states.

At the third stage of development, indicated as state social servicesThe transfer of the state to the active social policy expressing in the emergence of such functions as the provision of social services and employment.

For the second type of state - the state of social servicesit is also characteristic of not only the satisfaction of individual social needs for social protection, minimizing social risks, etc., but also an active social policy of creating a socially comfortable living environment, meeting social needs, not regulated by the market, creating utilities for the entire state.

The state becomes subject to satisfying the social needs of a person, a state that serves society and a separate person. To the state of social services Today includes many countries in Europe and America and some Asian countries and Africa. They are characterized by the availability of the entire complex of functions of the primary social state, providing social services, efforts to ensure complete employment and active (warning) social policy.

The third type is the state of universal prosperity.

The adoption by the state responsibility for the level of welfare of all citizens, the desire to achieve equality at a high level of life determine the emergence of such functions from the state as state regulation and the necessary replenishment from the budget of insurance funds, the provision of social assistance in insurance cases, protection against non-insurance risks, total Redistribution of income, stimulating the social orientation of the economy.

The last highlighted stage of the development of the social state was indicated as the stage of a liberal social state, and the transition to this stage was due to the ineffectiveness of social insurance mechanisms and as a result of the destruction of the principle of solidarity, technical progress and contradictions between the market and government regulation of the economy. The main feature of this stage is the emergence of a social policy among the social state.

Fourth Type of Social Stateforming at this level contains all signs of such a state and can be indicated as actually social state. Only in such a state the social goals and mechanisms of their achievement coincide, the basic principles of the social state are developed, its main functions are being implemented, forced contradictions that exist in former transitional species are removed.

Social state - The state that takes over the obligation to take care of the social justice, the well-being of their own social security.

The main task of the social state:

• • achieving public progress on the enshrined principles of social equality, universal solidarity and mutual responsibility.

The social state should satisfy the interests and needs of people, strive to evenly promote the good of all citizens and the maximum possible evenly and equitable distribution of vital goods.

This state is committed to providing every citizen worthy conditions for existence, social security.

Social activities of such a state is the redistribution of income.

The social state is designed:

1. 1. create conditions for providing citizens by work,
   2. redistribute income through the state budget,
   3. provide people living and facilitating people to increase the number of small and medium-sized owners,
   4. protection - to have hired work,
   5. take care of education, culture, family and health care,
   6. constantly improve social security and others.

In addition to the social policy itself, the social orientation should have the entire economic policy of the government and at the same time do not cross the competition and economic freedom, to encourage individual investments, to maintain and even strengthen the incentive to an increase in personal welfare. This state should not fight against bouticity, but against poverty, it denies excessive ecthism in the distribution of goods, encouraging the social function of privately owned.

Functions of the social state:

• • creation of conditions for maintaining full employment;
  • redistribution of income through the state budget in favor of the poor, providing a subsistence minimum;
  • hired labor;
  • caring for education, social security, family, healthcare, etc.

Social activities in these areas do not require a nationalization of the economy, but, on the contrary, combined with the strengthening of market economy and the development of an individual initiative.

Social should provide the rights provided for by Art. 25 Universal Declaration of Human Rights, including the right to such a human life level, including food, clothing, housing, medical care and the necessary social service, which is necessary to maintain his health and well-being, his own family, as well as the right to ensure In case of disability or other case of loss of livelihoods on circumstances independent of it.

In accordance with Part 1 of Art. 7 of the Constitution of the Russian Federation Social State is intended to pursue a policy that is aimed at creating conditions that ensure a decent life and free human development. Under a decent life, it is usually understood primarily by material security at the level of standards of modern developed society, access to cultural values, guaranteeing personal security. Under free development means the physical, mental and moral improvement of a person.

More details

A decent life is, of course, too common goal. However, part 2 Art. 7 gives some kind of deciphering state duties:

1. labor protection and human health;
2. establishment of the guaranteed minimum size of the OP-Latvian labor;
3. ensuring state support for family, mother, paternity and childhood, disabled and older citizens;
4. development of social services system;
5. establishment of state pensions, benefits;
6. other social protection.

Such a list of social responsibilities of the state is explicitly suspended from generally accepted in the constitutional theory and practiced countries. However, the term "social protection" introduced into the Constitution, although not necessarily connected only with state measures, implies the possibility of expanding these duties in the future legislation. Unfortunately, the "Socially Oriented Market Economy" formula is not included in the constitutional text, it certainly would have helped the formation of a social state.

What is a social state

Social state - Characteristic (principle) relating to the constitutional and legal status of the state, implying constitutional guaranteeing of economic and social rights and freedoms of man and citizen and the corresponding state duties. This means that the state serves society and seeks to exclude or minimize unjustified social differences. For the first time, the social character of the state was proclaimed in the main law of Germany in 1949. The Constitution of the Russian Federation (Article 7) proclaims: "The Russian Federation is a social state, whose policies are aimed at creating conditions providing a decent life and free human development."

From this general provision follow the following constitutional duties of the Russian state:

• a) guard the labor and health of people;
• b) set the minimum guaranteed wage amount;
• c) provide state support for family, motherhood, paternity and childhood, disabled and older citizens;
• d) develop the social services system;
• e) establish state pensions, benefits and other guarantees of social protection.

The formation of a social state

By the middle of the XIX century. Increasing the role of social functions of the state has become so obvious that it was necessary to fix this new quality. The concept of "social state", introduced into the scientific turnover of Lorenz, the background of Stein in 1850, contained the attributes inherent in this phenomenon. In the definition of the social state proposed by L. L. Stonin, a number of principal provisions were expanding the traditional understanding of the state's responsibilities. In particular, he noted that the social state should "maintain absolute equality in rights for all different public classes for a separate private self-determining personality through its power. It is obliged to contribute to the economic and public progress of all its citizens, for ultimately the development of one acts as a condition The development of another, and it is in this sense that the social state speaks. " In this definition, in essence, a sociological approach to the state is overcome (as a class of class struggle). As one of the signs of a social state, the equality of all people (personalities) is allocated, the dominant of dichotomy "Personality-State" is recognized instead of the former "state-society", and the main goal of the state is economic and social progress. Such a interpretation of the concept of social state was further supported by Y.Vagner, F. Naumann, A.Vagner.

Thus, the initial criterion for the allocation of a social state in a special type was the state paternalism, facing all members of society, regardless of their social affiliation. It is noteworthy that the recognition of the equality of all citizens, without exception, was a consequence not only and not so much the spread of the ideas of egalitarianism, how much change the role of a separate person, personality in production and in society. In the words of O. Toffler, "the most essential step in the economic development of our era was the emergence of a new system for obtaining wealth using no physical strength of a person, but his mental abilities."

The emergence of the term "social state" actually marked the recognition of the changed nature of statehood. This concept reflected the accomplished transition from the "police" state, the "state of the public contract", "states as the highest form of power" to the state that carries out social functions. So, it takes responsibility for the welfare of citizens, ensures the availability of social support to all members of society, creates state social security systems and social protection, introduces budget financing of social programs and new social policy mechanisms in the form of state social insurance, becomes a dominant subject of social functions. in society.

It is impossible to agree with the opinion of a number of authors that the state fulfilling all these functions has become the result of the implementation of socialist ideas. The time coincided with two objective, relatively independent processes - the formation of social functions of the state due to the development of productive forces, a change in the role of personality (in production, in society), and their ideological awareness. However, given that the new properties of the state largely meet the socialist idea, it is possible to designate the first stage of the formation of a social state, dated from the 70s of the XIX century. until the 30s of the XX century, as a socialist.

The first third XX century. marked by avalanche-like adoption of social laws and incorporation into the policies of many countries of the principles of social state. Laws related to social and medical insurance, pension provision, unemployment benefits, family benefits and accident insurance, these years have been adopted in Austria, Australia, Denmark, Canada, Italy, New Zealand, Norway, USSR, USA, France , Sweden and others. Social legislation has become not just a sector of the legal field, but began to have a powerful impact on the legal content of the entire regulatory framework of states. In 1930, Gelller introduced the concept of "Social Legal State", which emphasizes the law of a citizen on social guarantees by the state.

The statement of the legal nature of the social state actually secured his social functions behind the state. The social functions of the latter did not just have acquired legal grounds, but became leading for the state, transforming, in turn, the state base of the state. Personal human rights became the cornerstone of the entire legal system of the state, determining the authorities through the voting law, through civil rights - the political nature of the state and its social responsibilities, through social rights - its social functions. Legal foundation gave social functions of mandatory. Social functions have become an integral part of the functional structure of the state. There was a final transmission of social functions from society to the state.

The definition of a social state as legal was fundamental to determine the new social quality of the state. For the first time in the history of eternal opposition of freedom and equality - "Over the centuries, people sought to freedom and equality as one of the primary goals of human life, but complete freedom for strong and talented incompatible with the right to a decent life for weak and extensive" - \u200b\u200bwas shot through Compromise, it became possible to restrict freedom "for the sake of social well-being to feed the hungry, shelter the disadvantaged ...".

The legal justification of the Social State finally issued the principle of natural social human rights. On the basis of this, a completely new legal conflict arose, which consists in the asymmetry of the rights and obligations. For the theory of law, this situation was so significant that some authors, such as E.Forstehoff, reject the possibility of combining the legal and social state itself or state their principal contradiction. However, it is precisely the asymmetry of the social rights and duties of the person gave rise to the special status of the state as a monopoly subject of social activity. The state has become an indisient link between the entire set of rights and obligations, leveling and making them proportionate through social policy. In this capacity, the state received special rights to redistribute the goods and thereby acquired the specific function of real support for the formal equality of people.

Thus, the second period of the formation of a social state, which lasted from 30s to the end of the 40s of the XX century, can be denoted as the stage of the legal social state.

The next stage of the development of ideas about the social state was laid by the famous report by V. Bewerjezha "Full-time employment in a free society", with whom he spoke in the English Parliament in 1942. It contained the basic principles of the "welfare state", the idea of \u200b\u200ba guaranteed unified national Minimum income, underlined the close relationship of social policy with state economic policies aimed at ensuring full employment. Since that time, the term "welfare state" - "Welfare State" - became in English-speaking countries by synonymous with the social state. (Other names are "the state of prosperity", "the state of universal benefits", "State of Providence".)

The period up to the 60s was marked, on the one hand, the deepening of the theory of the social state or the state of prosperity, on the other, the practical implementation of the idea of \u200b\u200bthe social state at the national level. One of the leading manifestations of social functions at this stage was the provision by the state of social services.

Allocation of the period of formation of a social state from the mid-40s to the 60s of the XX century. In a special stage, which can be denoted as a stage of social services, due to the state of fundamentally new social functions (providing employment, social patronage, the formation of a living environment for persons with disabilities, a rehabilitation program for individual social groups, government support programs and creating the necessary living conditions for individual categories of people and regions).

The peculiarity of social services provided by the state is that they do not simply compensate for the man "gap" between its material capabilities and a certain standard of life, but actively form the conditions for achieving the latter. At the same time, the state is responsible for ensuring equal social opportunities for all social groups. The essence of the social services phase consists in the transition of the state from passive to active social policy.

Despite the informative proximity of the concepts of "social state" and "the state of prosperity", each of them changes over time.

The period from the late 50s and to the middle of the 80s can be denoted as the stage of the state of universal benefits. The idea of \u200b\u200bthe state of universal benefits arose due to a sharp increase in the standard of living of developed countries in the 50s - 60s, when the social risk insurance system almost completely compensated for the uncertainty of the future. The state of universal benefits in the best possible ensured the cohesion of society and the implementation of the main social principles. Taking on a new one compared to the previous period, the function of ensuring a high standard of living of all members of society, the state made this function dominant.

It should be noted that the high level of social insurance for the period has significantly transformed other social functions. For example, most social services: unemployment insurance, medical insurance, pension provision. By the end of the 80s, most countries were departed from individual contract insurance of relevant risks, "drift" towards social assistance, including social groups that do not pay social contributions. Describing this stage as a period of maximum development of insurance principles, it is necessary to emphasize that the principle of solidarity has been determining for the state of universal prosperity. It is them that is due to the generality of social support, orientation on universal indicators of quality of life and the predominant use of the mechanisms for financing risk insurance on a joint basis.

In theoretical terms, the transition to the state of universal benefits meant refusal to the Bismarkovsk model of the social state, built on the principles of solidarity, commutative justice, and the transition to the implementation of the principles of "redistributive justice". Commutative justice is equality of rights ("formal"), it is based on the principle of reciprocity and corresponds to the maxim "to pay everyone according to merit"; Related with the ideal of "fair remuneration", which assumes that everyone receives its contribution, respectively (for example, the payment of benefits is considered as a fee of contributions). Justice is distributed or corrective, aims to equality with economic ("real"). Such justice is based on the principle of redistribution of benefits between rich and poor and corresponds to the maxim of "every need." If commutative justice can be carried out without mediation of policies (according to the principle of contract or insurance), then the justice of redistributive requires the intervention of any state body. The social security system of the state of universal benefits identifies the principle of equality and the mechanism of redistribution through a hypertrophied understanding of solidarity, erecting it into dogma. Solidarity as the purpose of the Company made the function of the redistribution of the main function of the state.

The development of national models of the state of universal benefits contributed to a deeper understanding of the essence of the social state, allowing you to identify its invariant, system-forming properties. It was at this stage that an understanding of the social state as a generic concept, which records the fundamental social qualities of the state in development, in different ways manifested in various countries, but are based on a single set of principles.

Understanding the nature of the social state contributed to the development of other models in the same period, not falling under the definition of the "state of universal benefits." One of these models, which P. Ozanvalon called the "society of universal damages", is represented in the United States.

Historically, the emphasis on the liberal values \u200b\u200bof Protestant morality, the absolutization of civil rights and freedoms led to the priority of the principle of damages regarding the principle of solidarity. In this case, justice is understood as compensation and compensation for damage; Social risks are replaced by the concept of "sacrifice". Only achieving recognition of himself with a victim, a person gets the right to compensation. The practice of implementing this principle led to the emergence of a trend towards reorienting an individual approach in social support for group. Presenting itself as a sacrifice, individual social groups achieve social assistance and budget transfers. At the same time, the practice of an expanded understanding of the damage to which the injustices allowed in relation to past generations may also be treated.

Since 1989, this principle is widely implemented in Russian social legislation, entering complex collisions with a social protection system based on solidarity principles, and undermining it.

From the point of view of the functions of the state, and the principle of solidarity, and the principle of compensation for damage is equally implemented through a certain social responsibility. However, the various nature of this responsibility and, accordingly, different methods of redistributing public wealth determine the unrestricted mechanisms of social policy and can cause the opposite attitude in society.

Since the end of the 70s of the XX century. It begins to grow criticism of the state of universal benefits, which in the mid-80s becomes avalanche and multilateral. Critique was subjected to both the practice of the state of universal benefits and its theoretical and ideological foundations.

The focus of the efforts of the state of universal blessing to ensure the ever-increasing level of life for all members of the Company faced with economic, demographic and civilization restrictions and the crisis of insurance mechanism.

In general, this one is the fifth - the stage of development (from the beginning of the 80s to the mid-90s), one can designate as a period of destruction and the crisis of the state of universal benefits.

The effectiveness of the current redistribution system is questioned; Solidarity principle of social insurance loses its versatility and ceases to be effective for a number of risks; new significant social risks appear, requiring new ways to compensate; The traditional concept of social rights is revised, new mass social categories that require protection appear; A new ideology of social assistance is formed; The role of the social functions of the state is changing.

The crisis of the system of solidarity insurance underlying the state of universal benefits is that the principles of solidarity and justice are based on the submission of the chance and equality of all sorts of risks for all citizens, which does not correspond to modern realities.

Insurance, implemented through the socialization of risks, cannot be applicable to the risks of disasters (flooding, earthquakes, droughts, large man-made accidents, etc.) and to risks that are subject to a significant part of society (long unemployment, pension and other). The increasing differentiation of the Company led at the end of the XX century. To segmentation of the insurance system, the development of corporate and socio-professional interests, undermining the principle of solidarity. Increasing the role of vertical redistribution between groups of citizens with various income. Contrary to the horizontal redistribution initially embedded in insurance and the relationship between the value of contributions and the level of social benefits, as well as the provision of benefits to groups of the population, not paying social contributions at all, gave rise to a negative attitude towards the principles of social insurance. The deterioration of the economic and demographic situation, the desire of the state to stimulate the economy due to the reduction of compulsory social contributions leads to insufficiency of insurance social funds, the filling of which in the critical situation is forced to take over, which leads to the distortion of the principles of financing social benefits and replacing the principle of solidarity principle of damages.

It is increasingly recognized that solidary insurance loses its versatility, moreover, some authors concluded that insurance is nothing more than a myth.

Since the mid-1990s, new ideas about the social state begins to develop as a mechanism for removing contradictions between market laws and social goals.

In contrast to the state of universal prosperity, the current social state seeks to abandon its paternalistic role, focuses on eliminating dependency and the creation of favorable social conditions primarily by the formation of socially oriented market economy.

The stage of the development of a social state that began in the mid-1990s can be denoted as a period of a liberal social state.

Signs of social state

The formation of a social state is the process not only economic and political, but also the process of moral, requiring "human" measurement.

With this, we can conclude that the conditions for the existence of a social state and its characteristic features are:

• 1. Democratic organization of state power.
• 2. High moral level of citizens and primarily - officials of the state.
• 3. Powerful economic potential that allows measures to redistribute income, without increasing the significance of the statements.
• 4. Socially oriented structure of the economy, which is manifested in the existence of various forms of ownership with a significant share of state ownership in the right areas of the economy.
• 5. Legal development of the state, the availability of the qualities of the legal state.
• 6. The existence of a civil society, in the hands of which the state acts as a tool for conducting socially oriented policies.
• 7. The pronounced social focus of the state policy, which is manifested in the development of a variety of social programs and the priorities of their implementation.
• 8. The presence of the state for such purposes as the establishment of a universal good, approval in the society of social justice, providing each citizen:
  • a) worthy conditions of existence;
  • b) social security;
  • c) equal starting opportunities for personality self-realization.
• 9. The presence of developed social legislation (legislation on social protection of the population, such as the Code of Social Laws, as is the case in Germany).
• 10. Fastening the formula "Social State" in the Constitution of the country.

Functions of the social state

social state constitutional

Speaking of the functions of the social state, the following circumstances should be borne in mind:

• a) it is inherent in all traditional functions, due to its nature of the state as such;
• b) the content of all the functions of the social state imposes a print of his common social purpose, that is, traditional functions, as it were, are refracted through the prism of the objectives and objectives of the social state, and in this regard it is necessary to show the existence of a common social function (general social purpose);
• b) In the framework of the general social function, specific areas of activity of the social state can be distinguished. Specific functions.

The latter, in particular, belong:

• 1. Support for socially unprotected categories of the population;
• 2. labor protection and human health;
• 3. Support for family, motherhood, paternity and childhood;
• 4. Smoothing of social inequality by redistributing revenues between various social layers through taxation, state budget, special social programs;
• 5. Promoting charitable activities (in particular, by providing tax benefits to entrepreneurial structures carrying out charitable activities);
• 6. Financing and support of fundamental research and cultural programs;
• 7. Fighting unemployment, ensuring employment employment, payment of unemployment benefits;
• 8. Finding a balance between free market economies and a measure of state impact on its development in order to ensure a decent life of all citizens;
• 9. Participation in the implementation of interstate environmental, cultural and social programs, solving universal problems;
• 10. Caring for the preservation of the world in society.

Constitution of the Russian Federation in Art. 7 enshrines the principle of social sociality: "1. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. 2. The labor and health of people is protected in the Russian Federation, the guaranteed minimum wage is established, government support for family, motherhood, paternity and childhood, disabled people and senior citizens is provided, social services system develops, state pensions, benefits and other guarantees of social protection are established. . However, so far, Russia can only be called a country in transition to the social state, and the above provision of the Constitution is to regard as a software installation.

Problems of creating a social state in Russia

You can call some problems of creating a social state in Russia:

• 1. Russia has not yet gained support in the right, in human rights and the social state in Russia can not rely on the foundation of the legal state: the creation of a social state we do not have a new stage in the development of the legal state (as it took place in the West);
• 2. In Russia, the "middle layer" of the owners was not created: the overwhelming majority of the country's population did not get anything from the spontaneously privatized party-state property;
• 3. There is no powerful economic potential that allows measures to redistribute income, not infrainmenting essentially freedom and autonomy of owners;
• 4. The monopolies are not eliminated in the most important types of production and sales, which leads to a lack of real competition;
• 5. There is no developed, mature civil society;
• 6. Reduced the level of morality in society is practically lost with the usual spiritual landmarks of justice and equality. In public consciousness, it is approved (not without the help of "professional" ideologues and politicians, as well as the media) a detrimental idea of \u200b\u200bincompatibility, on the one hand, morality, and on the other - politics and economics ("Politics - a dirty case");
• 7. The existing political parties of Russia do not have clear social programs and ideas about the ways of reforming society;
• 8. There are no clearly indicated real objectives in society, scientifically verified models of life management;
• 9. In the process of liberation of Russian society, the social role of statehood is reduced from the total intervention of the state of inertia, that is, the Russian state fell into another extreme, leaving a citizen one on one with the element of the market.

Nevertheless, despite the listed difficulties, the development of social statehood is the only possible way for free society, which Russia wants to become.

Bibliography

• 1. The main problems of Russia's social development - 78 / Analytical Bulletin of the Federation Council of the FS RF. -2004. -№ 15 (235). S.V. Kalashnikov, Director of the Department of Social Development and Environmental Protection of the Government of the Russian Federation, Doctor of Economics.
• 2. Internet

Social is such a state that the basis of which is a policy aimed at ensuring the generally accepted, as a rule, not lower than the average living standards of citizens, providing opportunities to meet the socio-economic and cultural rights of citizens. To implement the conditions provided for by the Social State, a high level of economic development is necessary.

The word "social" in Latin means "common", "public", that is, who has a direct attitude towards the position of people in society. In a broad sense, the meaning of the word "social" is related to any state, since any state is a public development product. However, in this context, the term "social" is indicated by such a state that has special functions and qualities.

The purpose of the social state is to ensure the conditions for the organization of an appropriate level of education, health, social security, employment and cultural development.

The social state of the main objects of its activities and attention has persons vulnerable from the point of view of their position in society: people with disabilities, young people, pensioners, large families, low-income families, etc. At the same time, the very existence and activities of the social state are most closely connected With such public phenomena as a legal state, civil society, democracy, human rights, freedom of equality and justice.

The idea of \u200b\u200bsocial statehood was formed at the end of the XIX - early XX centuries. As a result of objective socio-economic processes. At this time, in the life of the bourgeois society, two of its most important principles are in conflict - the principle of freedom and the principle of equality. Theoretically developed two approaches to the ratio of these principles. Such thinkers like Adam Smith, John Locke, etc. defended the theory of individual freedom of a person, imputing the state as the main responsibility to protect this freedom from any intervention, including from the interference of the state itself. At the same time, they understood that in the end, such freedom would lead to inequality, but considered the freedom of higher value.

The representative of another approach is zh. Rousseau, who, not denying the importance of individual freedom, believed that everything should be subordinate to the principle of equality, to ensure which is the task of the state.

The principle of individual freedom that has liberated the initiative and the amateurness of people, contributed to the development of private entrepreneurship and market economy and, thus, was the basis for strengthening the economic relics of the state. However, by the beginning of the twentieth century, as wealth accumulates, the property bundle of society was happening, which threatened with a social explosion. And in this situation, the principle of individual freedom lost its relevance and gave way to the principle of social equality, requiring from the state to turn to active interference in the socio-economic sphere. It is in such a historical - a political situation and the concept of social state is beginning to be formed.

In the future, the idea of \u200b\u200ba social state begins to receive increasing recognition, embodied in the constitutions of modern states. For the first time, the state received the name of the social in the Constitution of the FRG 1949 as already noted that a truly social state is possible only in conditions of democracy, civil society and should be legal. Currently, the legal state should be social, and the social state cannot but be legal. However, about the social state as a special political and legal reality, it is possible to speak only when socially-oriented policies actually becomes the main focus of its activities and applies to a wide range of objects. At the same time, only a state with a high level of economy can be social, in the structure of which his social orientation 2 is taken into account.

In the historical context, the actual emergence of social states begins to occur in the 60s of the twentieth century. The initial stage of the formation of a social state is to establish its responsibility for providing each citizen of the subsistence minimum, and in the future it is the responsibility of the state to ensure each citizen a worthy standard of living.

It should take into account the fact that the state of socially oriented policies is a difficult process, because It is necessary to take into account the contradictory, almost eliminating each other factors. The social state will properly establish a difficult to achieve a balance between freedom of market economy and the need to influence distribution processes in order to achieve social justice and smoothing social inequality. Professor E.A. Lukashev on this occasion fairly writes: "By giving up the limited role of" night-guard "and seeking to provide all citizens with a worthy standard of living, the state should not pass the line, behind which the rude intervention in the economy begins, suppressing the initiative and freedom of entrepreneurship" 3.

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1 Protasov, V.N. Theory of law and state. Problems of the theory of law and state. - M., 1999.- P. 202.

2 there. P. 203.

3 person man. Tutorial for universities ed. prof. E.A. Lukasheva. - M., 1999.- P. 208-211.

The formation of a social state is the process is not only economic and political, but also moral. At the same time, the main goals and objectives of the social state are: providing each citizen of the subsistence minimum, the provision of personal and material assistance to those who are unable to independently extract oneself; implementation of social security and the provision of unemployment benefits; providing the right to receive education and housing; organization of access to cultural values; Harmonization of public relations and eliminate sharp inequality in income. The role of social state in modern society is difficult. But without social state it is impossible to exercise not only economic, social and cultural rights, but also the rights of the first generation - political and personal. With the insecurity of the social side of the life of people, the whole structure of human rights and freedoms is deformed, political activity is reduced, incorrectness increases to the state, legal guarantees of rights and freedoms are not always available.

Signs of social state:

- the powerful economic potential of the state, which allows the revenue fairly to redistribute and leave the owner a significant part of its profits;

- high level of culture and morality of the population and civil servants;

- state power is based on the principles of democracy;

- the state is legal;

- the economy operates on the basis of various forms of ownership of tools and means of production;

- the existence of civil society;

- The policy of the state has a social orientation and provides for each citizen a worthy level for existence, social security, the same starting opportunities for self-realization;

- availability of the relevant legislative framework.

Functions of the social state:

- smoothing social inequality by redistributing revenues between various social layers through taxation and special social programs;

- Support for socially unprotected categories of the population (disabled, pensioners, youth, large families, etc.);

- support for motherhood, childhood, paternity, family;

- encouraging charity;

- labor protection and human health;

- financing of science and culture;

- Fighting unemployment, ensuring employment of the population;

- search balance between the market economy and the degree of state intervention in economic relations;

- participation in the implementation of interstate social programs.

The day of determining and understanding the social state, it is important to consider its basic functions. Under the functions of the state, the main strategic directions of its activities within the country and in the international arena, in which its essence, role and appointment in society are expressed. In the course of the development of society, the function of the state underwent changes, alone arise, others die away.

Currently, there are various approaches to understanding the functions of the state, which influenced and continue to influence the history of the development of the state and the economic environment, which form a state as a political and social system. If in the middle of the XX century. The functions of the state served as the expression and concretization of its class essence, then later the functions of the state of Wa began to call what characterizes its objective and politically, reflects the other side of the essence of the state in this period of its development. In other words, this is the content of its state activities.

Functions of the social state- These are areas of activity of the state, which are carried out through the state policy by professional subjects of the vessels of the vessels of the department - persons engaged in state-owned protection of the Russian Federation, and persons replacing the state positions of the subjects of the Russian Federation, state and municipal employees implemented for the formation of the quality standard The lives of the population and improving the quality of life when the Fathan has no need for state aid to meet minimal needs.

A no less discussion question together with the functions of the state is the question of their classification. The existing approaches to the classification of state functions allow to systematize theoretical knowledge of the nature of functions, as well as to further understand their essence. The main functions of the state are reduced to the consolidation and protection of dominant forms of ownership; Organizations and strengthening the unity of society and the state and maintain public order.

Functions are divided into two types: internal (in the territory of the state) and external (outside the state).

Internal functions:

• Collection of taxes, and other mandatory payments to the state budget.
• Development of education, financing scientific activity, spiritual sphere of society.
• Protection of pile and health Fathan.
• Support for socially unprotected population.
• Support for families, childless families, motherhood, disabled.
• Smoothing social inequality by redistributing revenues.
• Promoting charitable activities.
• Fighting unemployment.
• Maintaining a high moral level of the population.

External functions:

• Solving issues of national security.
• Maintain links in the field of trade and other economic ties.
• Participation in the exchange of cultural values, scientific achievements and other information aspects with other countries.
• Establishing diplomatic relations with other states.

The role of the state in the socio-economic development of the Company is largely determined by the fulfillment of the entire complex of functions inherent in the state.

Under the functions of the state in state theory, the main areas of its activities are usually understood, the subject of the activities of a political and legal institution, the content of this activity, its provision. "The function of the state - the Ego The main directions of the internal and external activities of the state in which class and universal economic essence and social purpose are expressed and concretized." "Functions - Ego The main activities of the state due to its main tasks, the appointment of the state in society." The content of any function of the state is the following interacting elements: the object of the function, objectives of the function, methods, forms, and means of the function.

The content of the functions shows that the state does, what do the bodies do, what questions and how they decide. Therefore, on the one hand, the functions of the state reflect its nature as necessary for any society of the political institution, on the other - its asymmetry, as well as the different nature of state will and state power on one or another stage of development.

The functions of the state depend on the stage of development of society. With the liberal capitalism of the XIX century, the economic function of the state was different than that of a modern capitalist state in a socially oriented market economy.

In the scientific literature, many classifications of state functions are proposed. To a large extent, the Ego is associated with various approaches of scientists. Although the functions themselves represent an objective reality, their classification is subject to subjectively, in accordance with those or other bases of division, selected people.

In scientific literature, usually allocate four main internal functions of the state - economic, social, poly-

ticker and ideological, and sometimes two more are ecological and law enforcement.

The experience of developed countries of the world shows that all the functions of the state are interconnected, but the economic is basic, because It determines the effectiveness of the implementation of all others.

The economic function is to establish the state and the procedure for economic activity, in the regulation of the economy.

The free market mechanism allows you to satisfy only the needs that are expressed through demand. True, the mechanism of the market does not always give the society the necessary results: it recognizes the only option distribution of income obtained by participating in the competition on it of goods, services, capital, labor. Out of the influence of the market, issues of education, fundamental science, public administration, as well as citizens who act only as consumers remain. It is important to draw attention to the fact that the market mechanism of the National Assembly guarantees the realization of human rights to the standard of welfare. In this regard, state intervention is necessary in revenue redistribution.

The economic function of the state is carried out through the formation of economic policies. The state, implementing economic policies, is obliged to take into account objective laws on the Macrof and microeconomic levels. Specific funds of state influence on the economy are economic forecasting, programming, planning.

Social market economy involves the regulatory role of the market. It is based on private property, legal guarantees, an effective system of public administration, the introduction of economic incentives, the presence of supervisory authorities. The market economy does not automatically provide well-being and does not exempt from errors.

In modern conditions, the essence of this feature is to correct the shortcomings of the market element, without violating the natural self-regulation of society. This goal is currently consistent with the concept of a socially oriented market economy. In practice, the economic function of the state is expressed that it is determined by the permitted and prohibited by law of the form of economic activity (for example, unscrupulous competition or the production of atomic weapons by private entrepreneurs).

The state is making measures against illegal monopolies (for example, created for the purpose of breeding prices), but at the same time can create state monopolies in vital areas of spheres (for example, the electric power system in Russia). It establishes prices for some goods, is engaged in forecasting and planning economic development, exercises the nationalization of certain objects of ownership and others. Thus, the economic activity of the state has a very versatile nature.

Social function is carried out in different ways in certain states. In totalitarian states, it has class targets, although under the slogans of concerns about workers, workers and peasants or sometimes under nationalist slogans, social privileges received party-state nomenclature. In the modern state, this function has social goals. The social functions of the state include:

• Protection and protection of fundamental human rights;
• Natural environment;
• Protection and restoration of citizens' health;
• social Security;
• Education, education, culture development.

In the international sphere, these functions are concluded in:

• international security and protection of human rights;
• assistance to the population of other countries (in the event of a disaster, crisis situations and G.D.);
• participation in the protection of the natural environment (environmental function);
• Participation in international cultural cooperation.

The implementation of social functions of the state is directly related to the public well-being of people, as well as to meet their material, social and intellectual needs, to the formation of mutual respect and human dignity, to establish social stability, social world in society. The fulfillment of social functions of the state implies the following activities: the policy of regulating income, employment, social security; Policy in the fields of education and health care, housing.

The purpose of the implementation of social functions of the state is to maintain and develop a person as the highest value of any society.

But the implementation of the social policy model is closely related to many facts, which were developed by years: the culture of the population, the attitude towards the morality, the study of history and traditions, as well as the level of economic development.

Another important feature is associated with the gem that the implementation of social projects, improving the standard of living, raising pensions and wages of budgetary organizations directly depends on the financial budget policy, in particular, with tax policies. The greatest amount of social spending takes place in the Scandinavian countries that implement their social democratic selection (32% of GDP). Behind the poverty line in these countries is only 0.1% of people. The unemployment rate is 4%. The source of social well-being in countries with the Social Democratic Model is a high level of taxation - 49.3% of GDP.

The functions of the state are closely associated with the social purpose and objectives of the state. The essence of the state is its deep property - it is manifested in its social purpose. For which there is a state whom it protects, whose interests expresses what purpose does it put? Here are the questions, answering which you can judge the essence of the state and its social purpose. The functions "directly" express the essence of the state. "There is no intermediate links between the essence and functions of the state of the state, therefore, as nothing else functions to penetrate the essence of the state, to open up that the main thing is that it characterizes, identify the main defining features and communications."

Currently, the free market has ceased to be self-regulating or self-correcting system, the NA is able to solve the most important problems facing society. Allowing some problems, the market generates many other, no less serious and explosive. There is a certain part of the economic space, where the market "fails and the NA works".

In this regard, the market needs support from the state - creating relevant infrastructure, framework conditions and rules for all business entities. Therefore, industrialized countries began to recognize as de facto, GAK and de-Jura, the need for state intervention in the action of a market mechanism, which the NA may exist, but alive, outside of society and separately from the state.

Allowing to preserve the benefits of the market, public legal regulation makes it possible to smooth out the negative aspects of its functioning, especially in the social sphere. "The generally accepted legal forms of state regulation of the economy, respectively, are laws, regulations and judicial acts."

According to E.G. Yasina, the state should provide the necessary level of social function both in order to increase the efficiency of social spending and eliminating the implementation of the hypertrophied function of the "Universal Sobes".

The evolution of the state functions developed by the National Assembly only under the influence of internal changes occurring in the state. Modern era - the era of globalization, which includes highly dynamic developed integracies in the field of economy. National financial systems were actively integrated into a single planetary mechanism with a universal system of financial institutions and market interaction.

In the global economy, the financial sector began to dominate production.

The global economy is even more susceptible to risks whose offensive inevitably entails economic losses. In the context of globalization into insurance nip, risks are increasingly falling, ns stacked in standard risk management schemes, such as risks of political instability.

Insurance as an integral function of any state, the strategic direction of its activities, makes it possible to the state not only to minimize and eliminate economic losses, but in some cases to maintain the statehood itself, to preserve the economic sovereignty of the state.

The purpose of the state function is the results that must be obtained during the function of the function. These goals may be closest, intermediate, finite. The goals of each of the functions are generally formed in their totality of the goal of the state.

Methods for the implementation of the functions of the state - the EGO methods of legal regulation of social relations. The set of these methods is rather diverse, and their combination depends on the nature of the function being implemented.

The main methods used by the state in the implementation of their functions:

• - imperative (strictly mandatory, not allowing deviations from legal prescriptions);
• - Dispositive (providing for significant independence of subjects of legal relations, providing them with the ability to independently resolve their relations within the limits of legal prescriptions);
• - incentive (stimulating desirable for society legitimate, socio-active behavior of subjects of law through various kinds of promotions);
• - advisory (offering entities of law is the most acceptable, from the point of view of the state, the option of behavior).

The implementation of the basic functions of the state, but its content there is a continuous process of implementing numerous non-core state functions and the functions of individual state bodies. The activities of the state but the management of public affairs is diverse and multifaceted. At the same time, there are such areas of state activities in which its essence and social purpose is manifested.

The activities of the state but the implementation of its functions proceeds in certain legal forms, which are lawlessness, executive and administrative and law enforcement. Each state is a clear organization of power, that is, for the implementation of certain functions in any state there is state power.

The practical activity of state bodies in their systematic is ensured by the mechanism of functioning of the state. It is the systemic communication, interaction, integration and a unified focus of the activities of state bodies forms a general mechanism for the functioning of the state. The mechanism of functioning of the state can be divided into the following main directions:

• 1) legislative;
• 2) executive officers;
• 3) judicial;
• 4) supervisory control.

The mechanism of the state - the Ego system of state bodies, interconnected by the general principles, endowed with authority to implement the management of society and protect its basic interests. The mechanism of the modern state is characterized by a high degree of complexity, diversity of bodies and institutions. One of his subsystems form the highest authorities of the state: representative bodies, the head of state, the government.

Another subsystem is the law enforcement agencies, the court, the prosecutor's office, as well as the power structures (army, police, intelligence, etc.).

The concept of the strategic development of Russia, approved by the State Council of the Russian Federation, proceeded from the fact that market reforms tool to achieve the desired result. The basic objectives of the Company's development are called a high standard of living of the population, harmonious social relations, sustainable development dynamics. The State Council refused to the concept of the self-consuming market, since the ego will lead to the further lag of the country from the leaders of economic development.

Priorities were named: high rates of economic development, investment growth, strengthening statehood and adjusting the action of market forces by expedient state policy.

The strategic role of insurance in social states with a developed market economy is as follows:

• - Protects the personal and property interests of citizens, is the most important component of the state social policy associated with the solution of social problems in society;
• - protects the interests of legal entities and the state as a whole, providing guarantees to restore their disturbed interests due to unforeseen adverse events that may harm their property interests and the environment;
• - frees the budget from part of the costs of damages upon the occurrence of accidents and disasters of technogenic and natural origin, which positively affects the strengthening of the finance of the state system; It is an important element of the financial system of the state, distracting excessive money supply from turnover, has anti-inflationary impact, optimizes the formation of the balance of payments of the country;
• - Allows you to accumulate monetary resources to insurance funds - one of the most stable sources of long-term investment in the state economy.

Of the entire combination of problems of improving the efficiency of social processes, it should be part more on the question of increasing the role of the people in solving and implementing the social policy of the state as a subject of state ownership.

Insurance on its economic and legal nature is a consolidated method of material compensation for losses incurred by one legal or individual, through their distribution among many persons. This compensation is carried out at the expense of a special centralized fund, focused on conducting an insurance organization and formed by the monetary contributions of insured. Thus, insurance is based on the principle of decomposition of losses of one person to many subjects.

Insurance is an economic need, because Public production needs tools intended to cover emergency losses caused by the accuracy and forces of nature.

Being one of the independent links of the country's financial system insurance is inherent in all the main functions of the Finance category:

• 1) risky;
• 2) monetary redistribution between insurance participants in connection with the consequences of insured cases;
• 3) the return of insurance premiums to the Insured, the sign of which brings the financial category of insurance to credit.

Insurance has a certain specific manifestation. The specificity of insurance can be expressed, firstly, in the random nature of the onset of a certain event (insured event) and the value of damage caused by this case; In a probabilistic assessment of possible damage and calculation of insurance rates, through which insurance funds are formed; In the uneven layout of the magnitude of insurance premiums (payments, premiums) between interested persons, etc.

From a legal point of view, insurance is legal relationship. This can be based on the contract (insurance contract) or on the requirements of the law. Depending on the source of its occurrence, all insurance is divided by its legal nature for two main forms - insurance voluntary and insurance is obligatory.

The National Insurance System of Russia Part of the country's economic system, which can be distinguished by their complex of subjects of the economy, based on their goals and properties, and includes the entire complex of subjects of the insurance market; Insurers, insurance mediators, insurance services (specialized publications, auditors, training centers, etc.), state bodies regulating insurance relationships, unification of insurers, etc.

In recent years, significant changes have occurred in the field of insurance. In the context of the transition to market relations, they affected the regulation of the composition of the participants in insurance legal relations, their object, and the nature of the content of these relations themselves. Insurance has ceased to be a state monopoly. Along with state-owned in this area, there are non-state insurance organizations as entrepreneurial insurance organizations, while under the supervision of the state.

All ego affected the legislation, the norms of which are obliged to regulate insurance activities. The complex nature of insurance relationships, participation in these relations of state bodies predetermined changes in this area regulated by several branches of law, in particular, administrative, civil and financial law.

Civil law regulates contractual relations in this activity, administrative and financial - relations based on state-government velves. Financial and legal norms define the system and organization of insurance, its types, the procedure for compulsory insurance, licensing insurance activities, ensuring the financial sustainability of organizations - insurers, as well as the implementation of state supervision for insurance activities.

After reading these features, we can conclude that the provision and development of the social sphere of life is the key task of the social state.

• The principle of democracy of state power (G.E. in government management can participate by citizens, as well as take responsibility to all society).
• The presence of a legal state (the primacy of the rights and law of all spheres of society).
• The presence of sufficient economic resources to effectively redistribute income.
• The presence of 1 Orachny Society (society with developed economic, cultural, legal and political relations, regardless of the state, but where the state complements civil society).
• A worthy standard of living (guaranteed provision of state citizens of all necessary conditions for a comfortable stay).
• Equality of all citizens (the presence of this feature does not guarantee complete equality in all aspects of this concept, and smoothing inequality, in providing everyone and every identical living conditions, by participating in the control of all spheres of society's life).
• Guaranteed material social insurance of citizens, which helps everyone who really needs it. Social insurance pays damage to health, affected, disability, old age (pension), temporary disability, motherhood and GD)
• High level of morality of citizens, a high level of development of the spiritual sphere of society.
• Ensuring social guarantees by state regulation of the economy.
• Ensuring social justice in society.
• Developed social legislation.

Depending on the various criteria (grounds), the function of the state in scientific and educational literature is classified for basic and non-core, permanent and temporary, internal and external, as well as on the functions allocated depending on the spheres of social life affecting the state (economics, politics , culture, etc.).

The main functions of the state are implemented by the main (priority) goals and objectives of the state, the ego the most stable and sustainable functions of the state. The implementation of the internal functions of the state is aimed at solving domestic tasks. External functions are aimed at maintaining foreign policy activities and interstate relations.

As we have already spoken, the functions of the state are in the constant change and development of society, the areas of economic and political development directly affect the expansion of state functions.

Depending on the internal and external areas of activity II.A. Vlasenko classifies state functions to the following types:

• - the internal functions of the state - the function of ensuring democracy, the economic, social, function of taxation and taxation, the environmental, the function of protecting the rights and freedoms of citizens, ensuring the legality and law and order, the function of the development of culture, science, education, the function of regulation of interethnic relations;
• - The external functions of the state - the functions of integration into the global economy, the function of cooperation with other countries in solving global problems, the country's defense function, the function of maintaining a global order, the function of cooperation and strengthening relations with the CIS participating countries.

Article 7 of the Constitution of the Russian Federation has consolidated the postulate that the Russian Federation is a social state, whose policy is aimed at creating conditions providing a decent life and free human development. This testifies to the constitutional legal status of the state and implies constitutional guarantees of economic and social temper and freedoms of a person and a citizen and the corresponding state duties:

• - labor protection and human health;
• - establishing a guaranteed minimum amount of pile payment;
• - provision of state support for family, motherhood, paternity and childhood, disabled and older citizens;
• - development of the social services system;
• - establishment of state pensions, benefits and other guarantees of social protection.

The functions of the social state are assumed in the activities of the state apparatus, purposefulness and justice in solving social problems in functions should be reflected direct link between the goals and objectives of the state and feedback between the state and society.

Some scientists define the following social functions of the state:

• 1) protective (providing social security of a person, his life, health and dignity, support for family and motherhood, care for the unemployed and faces of old age, youth);
• 2) regulatory (conducting structural reforms in the economy for the purposes of CE greater social orientation, strengthening the legal foundations of non-governmental forms of ownership, the norms of pricing processes, the redistribution of income between the layers of the population through the state budget, budget financing of social programs, regulatory regulation of charitable activities);
• 3) stabilizing (providing social consent and partnership, social justice, etc.).
• 4) control and security (control over compliance with public standards use by the owner of their rights, for compliance with existing legislation). The implementation of constitutional requirements for the socio-legal responsibility of owners for the consequences of the exploitation of their and nationwide owners, for non-compliance with the relevant scheduled requirements is becoming special importance in this regard.

Taking into account the formation and development of such a phenomenon as a social state in the modern development of Russian statehood, it is necessary to note the increasing role of the state in economic instability. The fulfillment of its state role affects the effective implementation of all functions of the state.

The stability of all groups of the population is interconnected with the implementation of primarily the economic and social functions of the state affecting the quality of life of every person.

The external functions of the state are closely related to internal. Their implementation provides the full existence of the state in the modern world, which becomes more and more interdependent.

The country's defense function is of paramount importance at all times. It is based on the principle of maintaining a sufficient level of society's defense capability that meets the requirements of its state security is intended to protect the sovereignty and territorial integrity of the Russian Federation, the preventive of Russia's vital interests of armed conflicts. The country's defense involves a clear defensive strategy, strengthening defense relics, improving the armed forces, the protection of the state border, etc.

The assistance function But ensuring the international world is associated with the activities of the Russian state on the prevail of war, disarmament, reduction of chemical and nuclear weapons, strengthening the mandatory for all regime of the non-proliferation of weapons of mass destruction and the newest military technologies. We are, in particular, on the participation of Russia and other countries in the settlement of interethnic and interstate conflicts, on the inclusion of the Armed Forces of the Russian Federation into peacekeeping operations.

The function of cooperation with other states is manifested in the diverse activities of modern Russia, aims to establish and develop economic, political, legal, information, cultural and other relations, harmoniously combining the interests of this state with the interests of other countries. Such a function is designed to solve the problem of Russia's integration into the global system, the international division of the chest, the exchange of technologies, goods, financial connections, etc.

The external activities of states, in modern conditions, will be effective and fruitful only when it is based on international legal acts with generally binding on the national, socio-economic, cultural and other features and interests of all peoples in the world community.

So let's summarize some results.

Thus, the social state is not a stage in the development of the legal state, but the stage of the development of society as a whole.

You can agree with the opinion of a number of authors who believe that the social and legal state as "the attributes of the state acquire a clear meaning only in an alternative, and not cumulative mode of use," and interpreted about "fundamental contradictions between the legal and social starts of its being."

Such an attribute of the state as a social function is an immanent attribute of any type of state developing within the framework of industrial or post-industrial society. Not only the state (public power and its structure) is obliged to carry out social function, it is the responsibility of the entire modern state-organized society. Moreover, the main factor in the implementation of the social function in the modern state, depending on the set of factors, there can be either public authorities or the structure of civil society.

The international experience of social work shows that the creation of a number of legal, political and economic conditions is necessary to disseminate individual private initiative for social security. First of all, this is the legal support of the market economy.

The second point is economic policy. For each individual person, this means the protection of its cash savings.

The third moment is social policy, and such a social policy that does not make a purpose to complete the provision of citizens, but is directed to the achievement of social protection, within which there is a place for individual, personal initiative.

Fourth are laws, regulations that regulate the business activity of organizations that are engaged in additional social security.

For example, the Constitution of Russia is aimed at achieving certain settings of social policy: improving the material situation and an increase in the average living standards; an increase in the employment market, an increase in qualified and competitive specialists; protection of the rights of citizens in the field of labor by the Constitution, social protection of the population, culture, health, education, and housing; Improving the statistics of the demographic indicator; Significant improvement in social infrastructure.

Based on this, it can be concluded that the social state implements its tasks in the form of legal statehood, it goes on the path of humanization of society - expands the rights of the individual and fills the norms of the larger to more just content. It provides the benefit of individual: social security, the conditions of freedom and the comfortable existence of each person.

The state performs the activities of the distribution of the public budget, but does not undermine the basics of market economy, such as private property, competition, entrepreneurship, individual responsibility and other, while not entails mass social dependency.

Analyzing the main functions of the social state, it is possible to conclude that the social state is a new model of the device of the state to which countries come in the process of long and hard development of all spheres of society. It indicates a progressively developed civilized society, which reigns justice and respect for the rights of all and everyone that is protected by law.

The state guarantees the provision of decent living conditions to all its 1stranas, carries out material support of socially unprotected, pays special attention to the field of education, health care, and the cultural sphere. In such a state, the human right is proclaimed with the highest value. The factors of this state-well-debugged state and social system lie in the traditions of charity, special for each country.

So, the social state implements the following functions:

• 1) first of all, the ego social security of all members of this society;
• 2) to the Toraya, but no less important function - the ego providing accessible to all education and health care;
• 3) Next, the Ego Social Protection of all in need and reduction of social inequality in society to ensure more favorable conditions for residence in this state, which is ensured by the redistribution of goods in society;
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• The theory of state and law: a course of lectures / Ed. N.I. Matusov and A.V. Malko. - M "2009.
• Universal Declaration of Human Rights "(Adopted General Assembleseyoon 10.12.1948) // ATP Consultant Plus.
• Kosov R.V. Basics of social state / Tutorial. Tambov, Publishing House: University, 2011. P. 56.