The Constitution of the Russian Federation of 1993 states that “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure decent life And free development person” (Article 7, paragraph 1). However, unfortunately, it is not possible to say that our state provides a “decent life” for its citizens. Chernilovsky Z.M. Civil society: research experience // State and law. 2012. No. 6.

Article 7 of the Constitution of the Russian Federation is declarative in nature and does not reflect existing realities. To confirm what has been said, we will conduct a comparative analysis of the definitions of the welfare state with Russian reality.

1. To be considered social, a state must be economically developed. In Russia, gross domestic product (GDP) per capita in 2012 was only $3,410 (69th place in the world), while in such (considered to be socially oriented) states as Luxembourg - 56,230, Norway - 52,030, Switzerland - 48,230. But in terms of the number of dollar billionaires, Russia firmly holds third place (after the USA and Germany). (Russia’s place in the world. // “Arguments and Facts” No. 29, 2012).

2. In a social state, property and social stratification (decile coefficient) should not exceed the ratio of 1:8. In Russia, the discrepancy in income for 2012, according to official calculations, was 1:17, according to others - 1:40. The real ratio is very difficult to determine due to the fact that 40% Russian economy is in the shadow.

3. Significant differences in income between separate territories. So, if in Moscow the average salary in 2012 was approximately 18 thousand rubles, then in regions such as Ingushetia, Kalmykia, Karachay-Cherkessia, etc. - 2.5 - 3 thousand.

4. In Russia, entire social strata and professional groups receive wages that do not exceed the subsistence level. More than 30% of Russians live below the poverty line. Working beggars are nonsense for a welfare state.

5. Most social benefits paid to needy citizens are significantly below the subsistence level. Therefore, according to various estimates, there are from 6 to 10% of the poor in the country - people on the verge of biological survival.

6. The average life expectancy of Russian men is 58 - 60 years, women - 70 - 72 years, approximately 10 - 15 years less than the European average. The death rate in the country significantly exceeds the birth rate.

7. More than 60% of Russians need to improve their living conditions, but only about 10% have the financial ability to buy an apartment or house.

8. In Russia, with a population of 142 million, there are more than 110 different preferential categories of citizens.

9. But, perhaps, the main discrepancy between our country and the standards of a Western-style welfare state lies in the prevailing paternalism of the consciousness of Russians. Most people in Russia do not think in terms of free citizens, but in terms of subjects, which are characteristic of a traditional society. Thus, according to sociological research (2011), 56% of Russians assume that they have no choice and are unable to influence their own lives. Only 43% of respondents indicated the presence of such a choice. For comparison, we present the corresponding indicators of impossibility and possibility of choice in other countries: China - 32 and 63%, Germany - 16 and 82%, USA - 11 and 89% Shapsugov D.Yu. Theory of Government and Rights. Rostov-on-Don, 2013. (Russian identity in the sociological dimension. - M.: Institute of Sociology of the Russian Academy of Sciences, 2012.).

As for the general concept of a welfare state (Western type), in the conditions of globalization and conflicting confrontation between civilizations, it is experiencing a deep crisis and requires serious rethinking.

The social state has its own internal contradictions and goes through certain stages of formation and development. These contradictions and problems were reflected in a broad discussion about the crisis of the social state and its future, which unfolded in foreign scientific and political literature in the 80-90s. The processes that caused the aggravation of the problems of the welfare state are based on the cyclicality and unevenness of economic development, the exposure of the economy and social sphere to the influence of events in foreign and domestic policy. The global economic crisis destroyed the illusion of harmony between economic growth and the ever-expanding practice of centralized distribution of socio-economic benefits, showed the presence of serious monetary problems and the impossibility of endless exploitation of cheap imported raw materials. A new intensification of the discussion about the crisis and the prospects for the welfare state followed the destruction of socialism in the countries of Eastern Europe, the economic difficulties of Germany caused by the development of the annexed East German lands, and the further expansion of the European Union. These global geopolitical and economic shifts have revealed the complexity of interaction between society and the state. They showed the inconsistency of both a simplified liberal model based on the separation of public and state spheres and the subsequent limitation of the legitimate position of the state, up to the model of a “minimal state”, which has the function of only ensuring the security of the state, and a simplified social model based on the passive, subordinate position of society and the active interventionist policy of the state. The rise of the welfare state in the twentieth century coincides with the improvement of the structural separation between society and state. The main area of ​​regulation of interaction between the state and society is the establishment of an optimal relationship between production and distribution, and the main contradiction of the social state is the contradiction between expanding social policy and economic growth, economic difficulties and the need to finance social costs.

A certain conflict between the individual and the state also poses a serious problem. It manifests itself in the fact that, on the one hand, citizens want the state to really know about their problems and, therefore, be able to implement effective policies to ensure welfare and support; on the other hand, they strive to prevent the state from having information that they have, think and do. The development of a social state in this context can be interpreted as a process of socialization of private needs, when an individual’s economic resources, health, housing needs, ability and desire to work cease to be a private matter and become public problems. Another serious reason for discussing the crisis of the social state is the expansion, duplication, especially in conditions of a complex territorial structure, and bureaucratization of the state and administrative apparatus. This leads to an increase in costs for the public service, a decrease in efficiency in the provision of social assistance, and ultimately to a loss of efficiency of state support.

To identify the scale and depth of the crisis of the social state, as well as to determine ways to overcome its current difficulties, an analysis of the nature of this crisis is of great methodological importance. It is necessary to find out whether it is possible to eliminate crisis manifestations within the framework of the current social model using its inherent traditional mechanisms, or whether it is necessary to go beyond the framework of this model and move to the use of fundamentally different management methods in order to ensure a new equilibrium of the system.

In this regard, the experience of solving acute socio-economic problems in the 80s in France and Spain is indicative, which demonstrated that the model of the welfare state that emerged in the 60s and 70s requires serious adjustments. Thus, after winning the presidential elections and holding early parliamentary elections in 1981, F. Mitterrand tried to implement an ambitious program that included the main set of traditional socialist ideas: broad nationalization, active introduction of the state into economic management, expansion of workers’ rights in production, etc. d.

However, the results were opposite to those expected.

Inflation increased, the foreign trade deficit increased, and the number of strikes increased. After the next parliamentary elections, the right-wing government again came to power, curtailing the socialist program. Taking into account the example of France, the Spanish government of F. Gonzalez, leader of the Spanish Socialist Workers' Party, chose the path of neoliberal reforms from the very beginning. At the same time, the examples given do not mean that the welfare state model is historically exhausted, since it has not yet been fully implemented in any country. Despite the fact that in theory the social state is often contrasted with the liberal state, in practice these categories cannot always be considered as alternative. Even such a typically “liberal” state as the USA implements powerful national social programs. Among the measures to overcome crisis phenomena in the social state, constant control over the activities of the state apparatus, both from the point of view of its effectiveness and legality, should also occupy an important place.

At the same time, it is not enough to limit ourselves to internal control within the administration itself or external (accounting, financial) control. Expansion of parliamentary control over the entire population is required government activities, regardless of whether it is carried out directly by the administration, or indirectly by institutions and organizations created by it. Representatives of the people have every right to inspect public funds and the activities of public services that administer them. Democratic principles require control not only of major policy decisions, but also inspection of the day-to-day activities of the administration. In general, the social state requires a broad revision of the instruments of control of our parliamentarism, which are still not effective enough. Complex theoretical and practical problems also arise in connection with the need to adapt the existing model of the welfare state to modern trends in global development.

Firstly, the implementation of the principle of freedom of international trade gives rise to freedom of competition. However, high social costs in developed countries lead to a corresponding increase in production costs and a decrease in the competitiveness of these countries' products on the world market. Thus, a contradiction inevitably arises between the need to pursue a policy of protectionism and its inconsistency with the principle of free trade. Secondly, the principle of freedom of movement or freedom of migration confronts developed countries with a choice: to impose the burden of social support for immigrants on their own citizens or to strictly regulate the entry of citizens from less developed countries. Thirdly, the processes of economic and political integration of more and more countries into European Union are accompanied by the promotion of problems of social equality to the international, pan-European level. The search for solutions to these problems is carried out within the framework of the development and implementation of the concept of one social space set out in the European Social Charter, through the implementation of special social programs and with the help of the European Social Fund and other institutions. It should be noted that at the international level, as well as at the national level, the question of a social state is not in terms of finding alternatives to it, but in terms of improving it in the face of new challenges of the time.

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• Introduction
• The concept of a social state and its characteristics
• Social purpose of the state
• Functions of the welfare state
• Problems of creating a social state in Russia
• Conclusion
• Bibliography

Introduction

Any state is the unity of its essence, content and form. For it to function actively, for its mechanism to operate efficiently and smoothly, clearly organized state power is required. According to the famous Russian philosopher and lawyer I.A. Ilyin, the form of the state is not an “abstract concept” and not a “political scheme”, indifferent to the life of the people, but a structure of life, a living organization of the power of the people.

It is necessary for the people to understand their system of life, so that they know how to organize themselves “this way”, so that they respect the laws of this system and put their will into this organization” Ilyin I.A. About the state form//Soviet state and law. 1991.No. 11. P.135. .

Among the many problems relating to the state, a special place is occupied by the issues of defining the concept of forms of state. In scientific and educational literature they are traditionally given special attention. And this is not accidental, since depending on how the form of the state is understood and how it relates to its other aspects, the idea of ​​the state itself as a whole is largely created.

The form of the state always acts as a direct expression of its essence and content. Whatever the essence and content (functions) of the state are, such is, ultimately, its form.

An element of the “state” system is the “state functions” system, which includes the social function.

The topic of this work, “The Social State: Concept and Problems,” is relevant, since today the outline of a new social state, the “state of opportunity,” is clearly emerging, carrying out a social function on the basis of new principles. “The State of Opportunities” is the goal to which modern state-organized society strives.

According to O.V. Rodionova, social function should be studied in the activity aspect, which includes such aspects as the activities of various social factors: on social protection of needy groups of the population; to ensure everyone’s right to freedom of work, employment, labor migration, control over the safety of working conditions and compliance with hygiene requirements, social insurance and provision; in the field of education, healthcare, providing citizens with housing, etc. Rodionova O.V. Social function modern state. M., 2006. P. 7.

The purpose of this work is to trace the relationship between the form of the state and social function.

Tasks - give brief description functions of the state; dwell on the concept of the form of the state; consider the influence of the form of the state on the implementation of social functions.

The concept of a social state and itssigns

A social state is a characteristic related to the constitutional and legal status of the state, presupposing the constitutional guarantee of economic and social rights and freedoms of man and citizen and the corresponding responsibilities of the state. It means that the state serves society and seeks to eliminate or minimize unjustified social differences. The social character of the state was first proclaimed in the Basic Law of the Federal Republic of Germany in 1949. The Constitution of the Russian Federation (Article 7) proclaims: “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people.” From this general position the following constitutional responsibilities of the Russian state follow: a) protect the labor and health of people; b) establish a minimum guaranteed wage; c) provide state support for family, motherhood, paternity and childhood, disabled people and elderly citizens; d) develop a system of social services; e) establish state pensions, benefits and other guarantees of social protection.

The formation of a welfare state is not only an economic and political process, but also a moral process that requires a “human” dimension.

Taking into account the above, we can conclude that the conditions for the existence of a social state and its characteristic features are:

1. Democratic organization state power.

2. High moral level of citizens and, above all, -- officials states.

3. Powerful economic potential, allowing for the implementation of measures for the redistribution of income without significantly infringing on the position of the owners.

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

5. Legal development of the state, the presence of the qualities of a rule-of-law state.

6. The existence of civil society, in the hands of which the state acts as an instrument for carrying out socially oriented policies.

7. A clearly expressed social orientation of the state policy, which is manifested in the development of various social programs and the priority of their implementation.

8. The state has such goals as establishing the common good, establishing social justice in society, providing each citizen with:

a) decent living conditions;

b) social security;

c) equal starting opportunities for personal self-realization.

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

10. Consolidation of the “welfare state” formula in the country’s constitution.

Social purpose of the state

The essence of the state as a social phenomenon is “a multifaceted core that consists of many interconnected internal and external aspects, giving it the qualitative certainty of a universal governing system” 11 General Theory of Law and State: Textbook. Ed. Lazareva V.V. M. 1994. P. 51. .

The state arises as a class organization of political power. This position has been directly or indirectly proven by world science and historical practice. An analysis of certain economic and social patterns of the emergence and functioning of the state, mainly from a class position, made it possible to give a “universal” definition of the essence of the state - the state is “only an organization that bourgeois society creates for itself to protect the general external conditions of the capitalist mode of production” 22 Marx K., Engels F. Op. T.1. P.260

However, qualitative changes in the life of society have led to a change in the essence of the state. The emergence of the Soviet state, and then a number of other states after the Second World War, was no longer included in the above formulation. This allowed us to conclude that “state development is a complex dialectical-logical process. It is characterized by many contradictory tendencies, among which progressive ones ultimately begin to predominate.” 33 General theory of law and state: Study. Ed. Lazareva V.V. M. 1994. P.26

The peculiarity of the historical types of states preceding modernity is that they mainly expressed the economic interests of the minority (slave owners, feudal lords, capitalists). However, as society improves, in the process of its humanization, the political and moral “maturation” of a person, “the economic and social base of the state expands, while the coercive element of its power narrows” 44 Ibid. P. 28.

Thus, due to objective reasons, the state turns primarily into the organizing force of society, which expresses and protects the personal and general interests of its members.

As social life improves, forms of property, including private property, become more diverse. The property of the minority gradually turns into the property of the majority. As a result of revolutionary and evolutionary transformations of property relations, the socio-economic essence of the state, its goals and objectives also changes. With the formation of state, collective, joint-stock, cooperative, farmer, individual and other forms of property, private property, that is, individual property, began to acquire new qualitative features.

A. Smith also defended the individual freedom of each person in the sphere of economic activity, regulated by competition. 11 Philosophical Dictionary. M. 1997. P. 103.

He believed that everywhere, especially in the economic field, if a person enjoys freedom of choice, then he chooses the most profitable paths.

In a modern state, private property becomes not so much a state property as a public institution, which is under state protection. The state stimulates and protects that individual property that is organically included in the general economic system of society and ensures its material and spiritual well-being; comprehensive state ownership, which for a long time was virtually the only form of ownership in socialist countries, has not stood the test of time.

With the change in the living conditions of society, there occurred, on the one hand, “a narrowing of the essence of the state as an organization of class domination, and on the other hand, an expansion and enrichment of those objective properties that characterize the state as an organization of the entire society. Under the influence of the processes of progressive social development, the “separation” of the state from the people is reduced, and it is brought closer to the fundamental interests and needs of society and the individual.” 22 General Theory of Law and State: Textbook. Ed. Lazareva V.V. M. 1994. P.34.

Thus, from a body standing above society, the state turns into a body serving society.

Each specific state has a common , characteristic of the day of all states, special , expressing the distinctive features of a related group of states, and a single , inherent only in this particular state. At all stages of its historical development, the state retains its general essential features and at the same time changes in its specific essence due to the changing conditions of social life.

The social purpose of the state follows from its essence. We can talk about the social purpose of the state in general, abstracting from those historically transitory tasks that it solved at one or another stage of the development of society. Attempts to determine the social purpose of the state for its entire historical perspective were made by thinkers of various eras and various scientific directions.

Functions of the welfare state

When talking about the functions of the welfare state, the following circumstances should be kept in mind:

a) it has all the traditional functions determined by its nature as a state as such;

c) within the framework of the general social function, it is possible to identify specific areas of activity of the social state - specific functions.

The latter, in particular, include:

1. support for socially vulnerable categories of the population;

2. occupational safety and health;

3. support for family, motherhood, fatherhood and childhood;

4. smoothing social inequality by redistributing income between different social strata through taxation, the state budget, and special social programs;

5. encouragement of charitable activities (in particular, by providing tax benefits to business structures carrying out charitable activities);

6. financing and support of fundamental scientific research and cultural programs;

7. combating unemployment, ensuring employment of the population, paying unemployment benefits;

8. searching for a balance between a free market economy and the state’s influence on its development in order to ensure a decent life for all citizens;

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

10. concern for maintaining peace in society.

Constitution of the Russian Federation in Art. 7 enshrines the principle of sociality of the state: “1. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. 2. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established.” . However, for now Russia can only be called a country in a transitional stage to a social state, and the above provision of the Constitution can be regarded as a program setting.

Problems of creating a social state in Russia

We can name some problems of creating a social state in Russia:

1. Russia has not yet found support in law, in human rights, and the social state in Russia cannot rely on the foundation of the rule of law: the creation of a social state in our country is not a new stage in the development of the rule of law (as was the case in the West);

2. a “middle layer” of owners has not been created in Russia: the overwhelming majority of the country’s population received nothing from the spontaneously privatized party-state property;

3. there is no powerful economic potential that would allow measures to redistribute income without significantly infringing on the freedom and autonomy of owners;

4. monopolies in the most important types of production and sales have not been eliminated, which leads to a lack of real competition;

5. there is no developed, mature civil society;

6. The level of morality in society has been reduced, the usual spiritual guidelines of justice and equality have been practically lost. IN public consciousness a pernicious idea of ​​the incompatibility, on the one hand, of morality, and, on the other, of politics and economics (“politics is a dirty business”) is affirmed (with the help of “professional” ideologists and politicians, as well as the media);

7. existing political parties in Russia do not have clear social programs and ideas about ways to reform society;

8. society lacks clearly defined real goals and scientifically proven models of life;

9. in the process of liberating Russian society from total state intervention, the social role of statehood has been reduced by inertia, that is, the Russian state has gone to the other extreme, leaving the citizen alone with the elements of the market.

And yet, despite the difficulties listed above, the development of social statehood is the only possible path for the free society that Russia wants to become.

The influence of the form of the state on the implementation of social functions

The social function is characteristic not only of democratic but also of anti-democratic regimes. An example is the USSR, the political regime in which is usually classified as totalitarian. But in the USSR, the social function was carried out quite actively, especially in such aspects as the right to work, the right to medical care, the right to education, and so on.

As an example, let us turn to one of the most important aspects of the manifestation of the social function of the state - pension provision.

Pensions in the USSR were financed from public consumption funds, which were made up of funds from the state budget and from contributions from enterprises. The workers themselves did not contribute anything from their individual income. The relatively low retirement age (55 years for women and 60 years for men) can also be considered a very important component of this aspect of the problem. It should be noted that the timing of possible old-age retirement has not changed to this day.

In 1990 In Russia, the RSFSR Law “On State Pensions in the RSFSR” was adopted, the most humane and most social law on pension provision throughout the history of Russia. He introduced the institution of social pensions; the list of payments through which the pension is formed was expanded; the size of pensions was made dependent on the level of wages and the number of years worked; the period for recording earnings for calculating pensions was increased from 12 to 24 months before retirement; it became possible to calculate a pension from earnings for any five years of continuous service; “non-insurance” periods were included in the length of service (military service, study, being on maternity leave to care for a child, etc.); all working pensioners received the right to receive a full pension; the minimum pension in accordance with this law should not fall below the subsistence level; pensions were supposed to be indexed in accordance with rising prices. But this law was designed for the Soviet state with a planned economy, for other realities. In a market economy, this law has become unenforceable for a number of reasons Rodionova O.V. Decree. op. P. 19. .

For modern Russia, an integral element of the social function is the system of state guarantees of the right of citizens to pension provision. But at present, the pension weakly depends on the labor contribution and does not take into account the contribution of the insurance company, i.e. duration and amount of contributions paid to the Pension Fund. The size of pension payments is most strongly influenced by length of service, and the weakest by wages, and the overall level of pensions remains relatively low. Therefore, pension payments resemble a type of social assistance.

So, in terms of fulfilling its social function, the modern Russian state can still learn from the USSR, although the political regime in modern Russia can be qualified as a democratic regime of a liberal nature.

If we talk about the relationship between the form of government and social function, it should be noted that there is no direct relationship. For example, Japan is a monarchy, but at the same time a fairly developed social state, if we qualify it by the standard of living of the population, by the level of education and the provision of quality medical services. It can easily be classified as a social state. Although in Japan the main burden of carrying out the social function is borne by the family, which distinguishes Japan from, for example, Germany, which has a republican form of government.

Thus, there is no dependence in the manifestations of the social function of the state on the form of government. Here, a direct dependence can be traced again on what level of development a particular state-organized society is at: if it is industrial or post-industrial, then social activity is an immanent attribute of the activity of a state-organized society; if at the agricultural level, it is carried out fragmentarily Rodionova O.V. Decree. op. P. 71. .

The issue of the dependence of the social function on the territorial structure of the state is resolved in a similar way. Neither the type of social state nor the quality of social activity depends on the form of territorial structure. For example, Denmark is a unitary state. It is characterized by a social-democratic type of social state, a high level of development of social function, the specificity of which is determined by ethnocultural characteristics, and in general by the post-industrial society within which this state entity exists.

Switzerland is federal state. But it also has the same type of social state as Denmark, because The determining criterion for the degree of development and quality of social activity is not the form of territorial structure, but the level of development of society and ethnocultural characteristics. The only difference is in the organizational aspects of the implementation of the social function, which is largely determined by the unitary or federal method territorial organization of one state or another.

Thus, the direct, immediate dependence of the degree of development and volume of implementation of the social function on the forms of the state can be traced only in the case of a political regime, while neither the forms of government nor the territorial structure are determinants of the social function of a state-organized society.

Conclusion

From the analysis of the state form of organization of society, we can conclude that the features of the state that distinguish it from the social organization of the primitive communal system are:

- a single territorial and economic space in which economic life is carried out; the presence of a special layer of people - the administrative apparatus, performing various general social functions, but also having the opportunity to exercise state coercion in the necessary conditions, to exercise public power;

- a unified system of taxes and finances. A state-organized society has a single language for communication on the territory of the state, a common defense and foreign policy, transport, energy and information systems;

Certain uniform individual rights protected by the state. There is power in every society, but only in a state-organized society does this power acquire the features of state power, the structure of which includes a state-organized group of officials, the army, the administration, judges and other persons who ensure the performance of general social functions that protect general and class interests.

Thus, in in a broad sense state is an organized political power a society subject to legal laws, the integrity of which is created by public power structures, personified in state legal institutions and relations. In a narrow sense, the state is a system of various institutions public authority, a management apparatus isolated from society and expressing both the interests of certain social groups and the interests of society as a whole. The state is the main institution of the political system and the main subject of politics as a system of authorities.

The purpose of this course work was to determine the relationship between the concepts of state power and state law. After the work done, we can draw the following conclusion:

The question of the relationship between law and state has long been resolved from two diametrically opposed points of view. Some historical figures categorically linked the emergence of law with the activities of the state and recognized as legal norms only those that were recorded in the regulations of state bodies and officials. Others, on the contrary, believed that law existed and will exist outside the activities of the state, and that the state itself is a creation of law.

Meanwhile, the truth lies in finding the golden mean. To fundamentally resolve the issue, it is necessary to abstract from the differences in the concept of the state in the historical periods of its development and proceed from the fact that “the state is a perfect organization that reflects the interests of the population” 11 Law.// Ed. Varyvdina V.A. M.1999. S.1. and should be tasked with finding the most favorable solutions for its citizens. Law and the state are inseparable, if we keep in mind the reasons for their appearance in society and social roles (functions). Law and the state are interdependent and interconnected. They shape each other and mutually influence each other. To create a rule of law state, it is necessary to achieve consistent democratization of society, establish the legal foundations of state building and control over compliance with the rule of law and the principle of legality. “The rule of law is considered as one of the highest social values, designed to establish humanistic principles, ensure and protect freedom, honor and dignity of the individual” 22 Livshits.R.Z. Modern theory of law. M. 1992. P.34.

.

The creation of a rule-of-law state in Russia is associated with the maximum provision of human rights and freedoms, the responsibility of the state to the citizen, with the improvement of existing legislation and increasing the authority of the law, with strict compliance by all government bodies, public organizations, collectives and citizens, with efficient work law enforcement.

Bibliography

1. Constitution of the Russian Federation// - “Rossiyskaya Gazeta”. December 25, 1993

2. Vengerov A.V. Theory of state and law: Textbook for university students. - M.: New Lawyer, 1998.

3. Korelsky V.M., Perevalova V.D. Theory of state and law: Textbook M.: 2000.

4. Lukasheva O. A. Jurisprudence. - M.: Academy, 2001.

5. Manov G. N. Theory of state and law: Textbook, - M.: Alfa-M, 2001.

6. Marchenko M. N. Theory of state and law in lectures. Textbook for universities. - M.: Alpha, 2001.

7. Patsatsiya M.Sh. Theory of Government and Rights. M.: Academy, 2000.

8. Pigolkin A. S. General theory of state and law: Textbook for universities. - M.:, UNITY, 1999.

9. Rodionova O.V. Social function of the modern state: M.: Yurist, 2006.

10. Rassolov M.M. Theory of state and law: - M.: Law and Law, 2004.

11. Sokolov A.N. Theory of Government and Rights. Kaliningrad, 2002.

12. Temnov E.I. Theory of Government and Rights. M.: Lawyer, 2003.

13. Theory of State and Law: Course of Lectures Ed. M.N. Marchenko. M.: Mirror, 2004.

14. Theory of State and Law/Ed. D. Yu. Sc., prof. V.D. Perevalova. M.: Norma, 2007.

15. Chirkin V.E. Statecraft. M.: Lawyer, 1999.

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Definition of a social state, its characteristics. Functions of “improving the world of work”. "Beveridge Plan" in the activities of the post-war governments of Belgium, Denmark, Sweden, Germany. Problems in the formation of a social state in the Russian Federation.

course work, added 03/06/2014


Theoretical concepts of the origin of the state. The process of emergence, formation and development of state ideas. Multiple approaches to the concept of state. Essence, concept and social purpose of the state. The concept of a welfare state.

Introduction.

1. Social policy of the state as part of public administration.

1.1 Origin and essence of the welfare state

1.2.Main directions of the policy of the welfare state

2. Actual problems social development of the state in Russia and ways to solve them.

2.1. Social policy: reforms and commitments.

2.2. Priorities of social policy in Russia.

2.3. Problems of creating a social state in modern Russia.

Conclusion.

Introduction.

A social state is a characteristic (principle) related to the constitutional and legal status of the state, presupposing the constitutional guarantee of economic and social rights and freedoms of man and citizen and the corresponding responsibilities of the state. It means that the state serves society and seeks to eliminate or minimize unjustified social differences.

The Constitution of the Russian Federation (Article 7) proclaims: “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people.” The following constitutional duties of the Russian state follow from this general provision: a) protect the labor and health of people; b) establish a minimum guaranteed wage; c) provide state support for family, motherhood, paternity and childhood, disabled people and elderly citizens; d) develop a system of social services; e) establish state pensions, benefits and other guarantees of social protection. .

The policy of the welfare state should be aimed at maintaining the vital capacity of its own population. In order for the inhabitants of their country to live with full satisfaction of at least primary needs, special levers for managing resources, both material and spiritual, are needed.

First of all, i.e. The main place is currently occupied by material resources, without which maintaining life is impossible.

Although social policy in Russia is not given the greatest attention, unlike European countries, it is one of the main directions of state policy as a whole.

Every day in the media we hear about problems of housing, education, healthcare, etc. These problems are very serious in nature. The problem of education leads to a decrease in qualified specialists, which will subsequently affect the development of the state. Health care is no less affected, and this is to some extent one of the factors influencing the population decline. The inaccessibility of housing terrifies not only the population of the country, but also sociologists and economists in foreign countries. The employment problem calls into question the existence of citizens even in poverty.

Problems of a typical nature are becoming more and more numerous, and they are increasing in scale. I am very surprised that in our country, so rich in various kinds of resources, with a relatively small population and low population density, such problems arise.

1. Social policy of the state as part of public administration.

1.1 Origin and essence of the welfare state

A social state is a state that strives to provide every citizen with decent living conditions, the rights to social protection, and to participate in production management.

The concept of a “social state” was introduced into scientific circulation by Lorenz von Stein in 1850. The definition of a social state contained a number of provisions that expanded the traditional understanding of the responsibilities of the state. In particular, he noted that the welfare state must “maintain absolute equality of rights for all different social classes. It must promote economic and social progress all its citizens, because ultimately the development of one is a condition for the development of another, and it is in this sense that we speak of a social state.” One of the characteristics of a social state is the equality of all people, and the main goal of the state is economic and social progress. The appearance of the term “welfare state” actually marked the recognition of the changed nature of statehood. This concept reflected the completed transition from a “state of social contract” to a state performing social functions. This means that it takes responsibility for the welfare of citizens, ensures the availability of social support to all members of society, creates state systems of social security and social protection, introduces budgetary financing of social programs and new social policy mechanisms in the form of state social insurance, and becomes the dominant subject of social functions. in society. .

Speaking about the social policy of the state, we mean government actions aimed at changing the level and quality of life of the population, at mitigating contradictions between participants in a market economy and preventing social conflicts on economic grounds, at the distribution and redistribution of income of various members and groups of society.

In a broad sense, social policy is one of the areas of macroeconomic regulation designed to ensure social stability of society, social compromise and solidarity, smoothing out property and other social inequalities, and create, as far as possible, the same “starting conditions” for the citizens of the country.

A socially oriented market economy involves significant government activity in solving social problems. This is due to the fact that the market economy does not guarantee workers the right to work, standard education, and does not provide social protection for the disabled, the poor, and pensioners. Therefore, there is a need for government intervention in the sphere of income distribution through social policy.

The state is a mechanism for distributing social benefits to the population, and the standard of living of all segments of the population largely depends on what policies it will pursue. Excessively active government intervention in redistribution processes and income equalization leads to a decrease in business activity in society and a reduction in production efficiency in general. On the other hand, a reduction in the role of the state in regulating the income of the population leads to increased income differentiation, social tension, aggravation of social conflicts and, ultimately, to a drop in production and a decrease in its efficiency. Achieving the optimal scale of state intervention in the regulation of social relations in society is associated with resolving the contradiction between efficiency and social justice.

The policy of the welfare state is aimed at solving such problems as:

1) stabilization of living standards of the population and prevention of mass poverty;

2) curbing the growth of unemployment and material support unemployed, as well as the preparation of labor resources of such size and quality that meet the needs of social production;

3) maintaining a stable level real income population through anti-inflationary measures and income indexation -

4) development of sectors of the social sphere (education, healthcare, housing sector, Culture and art). .

The state increases incomes for the poor, pays pensions, issues food stamps to the poor, pays benefits to the unemployed and large families; creates a system of training and retraining for the unemployed; regulates wages; provides free education and healthcare services, more or less decent housing, regulates labor migration issues, deals with youth problems and cultural development. As a result, social tensions and economic inequality are eased.

Social policy can be understood as the legislative establishment and enforcement of the state’s social obligations, the totality of which is designed to guarantee the constitutionally enshrined social rights of citizens and their implementation in legally established areas, areas and areas. .

The policy of a welfare state has a number of functions that ultimately determine the humanistic nature of the state, which seeks, through politically created public funds, to support the state of individuals in a social status that would not be burdensome for it. These functions include the following:

support for socially vulnerable categories of the population;

1. occupational safety and health;

2. support for family, motherhood, fatherhood and childhood;

3. smoothing social inequality by redistributing income between different social strata through taxation, the state budget, and special social programs;

4. encouragement of charitable activities (in particular, by providing tax benefits to business structures carrying out charitable activities);

5. financing and support of fundamental scientific research and cultural programs;

6. combating unemployment, ensuring employment of the population, paying unemployment benefits;

7. searching for a balance between a free market economy and the state’s influence on its development in order to ensure a decent life for all citizens;

8. participation in the implementation of interstate environmental, cultural and social programs, solving universal human problems;

concern for maintaining peace in society. .

1.2.Main policy directions social state

The practice of implementing welfare state policies in developed countries has developed several directions in its implementation. These include: social insurance; social protection of workers, wage policy; social measures on the labor market; housing policy.

The state's social policy is implemented through the mechanism of state social security programs and a system of social services. The main principles of social policy are: 1) protecting the standard of living by introducing various forms of compensation for price increases and indexing; 2) providing assistance to the poorest families; 3) issuing assistance in case of unemployment; 4) ensuring social insurance policy, establishing a minimum wage for workers; 5) development of education, health protection, and the environment mainly at the expense of the state; 6) pursuing an active policy aimed at ensuring qualifications.

The consumer of part of the state assistance is not all workers in general, but only those who have a need for it and only to the extent of this need. For example, those who are more often and more seriously ill and cannot pay for medical services are more likely to seek free medical care; those who have more children of school age seek services from school institutions. .

An important direction in social policy when addressing issues of protecting personal income is supporting the poor. Poverty can be seen as economic condition part of a society in which certain segments of the population do not have the minimum means of subsistence according to the standards of this society. The state of poverty is characterized by a fairly long-term lack of resources that cannot be compensated by either previous savings or temporary savings on the purchase of expensive goods and services. A developed system of cash and in-kind benefits is of decisive importance in the social protection of these segments of the population. Such a system exists in all countries with a market economy and serves as an important social shock absorber, mitigating many of the negative consequences of its development.

Income of the population serves as the main source of satisfaction of physical, spiritual and social needs people, so the system of indicators of living standards begins with them. The main components of the standard of living are: health, nutrition, income and expenses of the population, housing, household property, paid services, cultural level of the population, working and leisure conditions, social security, etc., which are characterized by quantitative indicators, indicators and indices and are formalized in the system indicators of living standards, for example, such as “consumer basket” and “living wage”.

To classify certain categories of the population as eligible to receive social assistance, indicators that determine the level (threshold) of poverty are used.

Absolute poverty line - this is the minimum standard of living, determined on the basis of human physiological needs for food, clothing and housing, i.e. based on a set (basket) of goods and services sufficient to satisfy basic human needs. In Russia, the absolute poverty line coincides with the subsistence minimum.

Living wage is a natural set of food products that provide the minimum required amount of calories, as well as expenses for non-food goods and services, taxes and obligatory payments, corresponding in the structure of costs for these purposes to the budget of low-income families. In Russia, food packages used in calculating the cost of living are differentiated by various socio-demographic groups (men and women of working age, pensioners, children under and after 6 years of age). The minimum food basket is differentiated according to eight natural and climatic zones of Russia; it includes 35 types of food products (with a total calorie content of 2300 kcal per day) and 79 non-food items food products.Content analysis consumer basket and consumption standards shows that this subsistence minimum, apart from officialdom, has no social and economic content and is a purely speculative document that fixes a certain starting point.

The cost of living is often called the poverty line.

Relative poverty line shows how much the minimum consumer basket (poverty line) costs relative to the average level of income in a given country (region). Thus, in Russia, the relative poverty line is an income level that is less than 40% of the average income in a given region.

Income deficit is estimated as the value additional funds necessary to bring the incomes of the poor to the subsistence level. For society, the relative burden of spending on supporting the poor is determined by how high above the poverty line the incomes of average citizens are, i.e. How big is the revenue shortfall relative to GDP?

To quantify poverty and social differentiation in general, indicators of the minimum and rational consumer budget that are wider in terms of the range of goods and services than the subsistence minimum are also used.

Minimum consumer budget represents a social minimum of goods and services in the amount necessary to ensure normal human life. In Russia, this budget is based on more than 200 goods and services, including 80 food products. Structure of the minimum consumer budget,%: food - 45.1; non-food products - 39.0; services - 13.2; taxes and fees - 2.7. .

Rational consumer budget reflects the consumption of goods and services, the provision of households with cultural, household and economic items in accordance with scientifically based standards for meeting rational human needs. A rational consumer budget differs from a minimum budget in terms of cost structure - in particular, it has a significantly lower share of food costs. Its components are as follows,%: food - 30; non-food products - 47 (of which fabrics, clothing, shoes - 20, furniture, cultural and household items - 18, other goods - 9%); all services-23. .

On consumer price indices in Russia in May 2008

Table 1 Consumer price indices( in percentages)

In Russia, prices for goods and services increased over the month by 1.4%, since the beginning of the year - by 7.7% (in the EU countries on average, by 0.6% and 2.1%, respectively).

table 2 Consumer price indices for food products( in percentages)

In May, Russia maintained a tendency for food price growth rates to significantly outstrip those of the EU countries as a whole. Thus, in Russia, food prices increased over the month by 2.3% (from the beginning of the year - by 11.6%).

Table 3 in % of the previous month

In Russia in May 2008 compared to the previous month, prices for vegetables increased most of all - by 13.9%, in addition, sugar, jam, honey, chocolate and candies became more expensive by 3.5%, oils and fats, bakery products and cereals - by 3.3 % and 3.1% respectively

Table 4 Consumer price indices for main groups of food products in May 2008 in % December 2007

In Russia, by the end of May 2008. compared to December 2007 prices for vegetables, as well as bakery products and cereals increased by 51.4% and 15.2%, respectively, oils and fats - by 14.3%. Fruits became 14.1% more expensive. .

The cost of the minimum food package in Russia on average increased in February by 3.3%, and in the first 2 months of 2008 - by 7.7%, and at the end of February amounted to 1941 rubles per month. This was reported in the report received by PRIME-TASS from the Federal State Statistics Service (Rosstat). .

The most expensive minimum food package in February was in Chukotka Autonomous Okrug, where its cost reached 5153 rubles, in the Kamchatka Territory - 3223 and in the Magadan Region - 2950 rubles. The lowest cost of the set was recorded in the Republic of Mordovia - 1624 rubles, the Republic of Tatarstan - 1644, and in Tambov region- 1656 rubles. The cost of a set in Moscow in February increased by 2.9%, and in the first 2 months of 2008 - by 6.6% and amounted to 2182 rubles. In St. Petersburg, the price of the set increased by 2.9% over the month, and by 5.9% over 2 months to 2,042 rubles.

The cost of living, in accordance with the Federal Law of October 24, 1997 No. 134-FZ “On the cost of living in the Russian Federation,” is a valuation of the consumer basket, as well as mandatory payments and fees .

The cost of living for the fourth quarter of 2007. in general for the Russian Federation, per capita: rubles per month (RF Government Decree dated 05/06/08 No. 347).

Table 5 The cost of living

Differentiation of the population by income level based on the subsistence level and the minimum consumer budget allows us to identify the following groups with different levels of material security:

1) “poor” families, whose per capita income is lower or corresponds to the subsistence level;

2) “low-income” families, whose per capita income is in the range between the subsistence level and the minimum consumer budget;

3) “wealthy” families, whose per capita income is in the range between the minimum consumer budget and the rational consumer budget;

4) “rich” families, the level of per capita income in which is higher than the rational consumer budget. .

Socio-economic differentiation of the population

Table 6 Distribution of the population by average per capita monetary income for III quarter 2008 :

Whole population	Thousands of people	In % of total
			including with average per capita cash income per month, rubles:	1995.8 (As of 01/01/2008).	100.0
up to 1500.0	2.5	0.1
1500.1-2500.0	23.2	1.2
2500.1-3500.0	61.9	3.1
3500.1-4500.0	99.8	5.0
4500.1-6000.0	195.9	9.8
6000.1-8000.0	287.1	14.4
8000.1-12000.0	490.3	24.6
Over 12000.0	835.1	41.8

Table 7 Distribution of total monetary income of the population for III quarter 2008 of the year :

Transfers play a special role in social policy . Transfer - is the gratuitous transfer of part of the income or property of an individual or organization to the disposal of other persons. With the help of transfers, not only monetary incomes, but also economic opportunities can be redistributed. For example, poor families are better able to provide a good education for their children as a result, but let's not forget that this comes at the expense of taxing higher income earners whose economic opportunities also change. The purpose of social transfers is to humanize relations in society, prevent the growth of crime, and also maintain domestic demand.

That is, payments under assistance programs are designed to mitigate differences in income levels caused not by differences in work, but by reasons outside the labor process itself, and also to help satisfy a number of needs that are most important from the point of view of the tasks of forming abilities to work and personal development , achieving higher general educational and cultural levels, affordable healthcare, and pensions. .

The most important part of the state social security program is social insurance , which applies to persons who have had for some time permanent job and those who have lost income due to illness, unemployment, or retirement age. The social insurance system compensates this part of the population for the loss of income from the social insurance fund.

The source of the social insurance fund is contributions from the insured themselves, as well as contributions from companies and the state. The ratio between these sources of financing social insurance varies from country to country.

The social insurance system has a legislative basis. It is mandatory for persons working in risky conditions (however, insurance can also be provided on a voluntary basis). The social insurance system is oriented towards helping, first of all, the economically weak members of society.

Social protection of workers , as the most important direction of the state’s social policy, it is extremely important, because the majority of the population in all countries are working people whose only (or main) income is wages, which means that they are economically vulnerable and have nothing to rely on except government power. .

Table 8 Main socio-economic indicators of the standard of living of the population.

2006		2007
Actual final consumption of households (at current prices), billion rubles.	15147,1		18644,1
as a percentage of GDP	56,6		56,9
	109,8		111,0
per capita, rub.	106305		131190
Average per capita cash income of the population (per month), rub.	10196		12551
Real disposable income, as a percentage of the previous year	113		111
Average monthly nominal accrued wages of employees of organizations, rub.	10633,9		13527,4
Real accrued salary fee, as a percentage of the previous year	113		116
Average amount of assigned monthly pensions, rub.	2726		3086
The real amount of assigned monthly pensions, as a percentage of the previous year	105		104
Cost of living (average per capita):
rub. per month	3422		3847
as a percentage of the previous year	113		112
Correlation with the cost of living, percent:
average per capita cash income	298		326
average monthly nominal accrued wages	288	325
average amount of assigned monthly pensions)	100	101
Population with monetary incomes below the subsistence level:
million people	21,5	18,9
as a percentage of the total population	15,2	13,4
as a percentage of the previous year	85,3	87,9
Cash income deficit for the poor:
billion rubles	276,4	273,2
as a percentage of the total monetary income of the population	1,6	1,3
Funds ratio (income differentiation coefficient), in times	16,0	16,8
Minimum wage (annual average), rub.	1000,0	1500,0
Real minimum wage, as a percentage of the previous year	122,1	137,6

Social policy in the field of wages must be implemented in a differentiated manner. The upper limit of wages is often regulated by the state in order to reduce production costs, increase the competitiveness of national products, encourage investment, and curb inflation. As part of anti-inflationary policy, control over wages and prices can be established, during which the maximum permissible increase in wages and prices in any period of time is determined by law. Specific methods of regulating wages vary, but preference is given to voluntary agreements between employers and employees (collective bargaining agreements) with the participation of trade unions and the government. In these agreements, based on the minimum wage, differentiated wages are established depending on the level of qualifications and the specific industry, various bonuses and additional payments. With the help of laws, the state also determines the rhythm of remuneration (for example, every 14 days or monthly).

Most effective means State regulation of wages in countries with market economies is the determination of a guaranteed minimum (wage rate for 1 hour of work). .

In Russia, since 1991, a periodically revised minimum wage (minimum wage) has also been in force. For the period of the IV quarter of 2007, it amounted to 2,300 rubles (No. 91 Federal Law dated June 24, 2008, Art. 1 Federal Law).

The EU International Commission has recognized that the lowest and fair minimum wage should be 68% of the national average wage. In countries with developed market economies, these standards are not only strictly observed, but also exceeded. However, in Russia today, the minimum wage has ceased to correspond not only to the requirements laid down in the recommendations of international law, but also to common sense, which has led to a drop in living standards.

A similar picture appears when considering the relationship between the size of the pension and the cost of living. The pension has ceased to fulfill its social purpose, as can be seen from its correlation with the minimum subsistence level.

Table 9 Structure of cash income and share of expenses in
cash income of the population(in percentages)

Social policy in the labor market . State policy in this area makes especially clear the transition of the pure unemployment insurance system to the search for preventive measures to prevent possible difficulties in work and the labor market.

Social policy is connected, first of all, with the state’s ability to influence the demand for labor.

The tools of social policy in the field of the labor market include, along with compensation payments in case of unemployment and during the job search, the provision of consultations on career guidance, employment and vocational training, facilitating entry into working life or a change of profession.

Along with this, the goal of modern employment policy is also to solve the problems of special groups of the working population (elderly people, disabled people, women, youth, foreigners). .

According to Rosstat, the number of economically active population by the end of August 2008. amounted, according to an estimate, to 76.1 million people, or more than 53% of the total population of the country. The predominant part of the employed population is concentrated in large and medium-sized enterprises and organizations (53.9% of the total number of employees). The number of unemployed, calculated according to the ILO methodology, in August 2008 amounted to 4.97 million people, or 6.6% of the economically active population. Compared to the same period (January-August) 2007, the total number of unemployed decreased slightly, amounting to 5.09 million people. The number of officially registered unemployed in the reporting month of 2008 compared to August 2007 decreased by 165 thousand people and amounted to 1.5 million people, or 2% of the economically active population. The tension coefficient (the number of unemployed citizens registered with state employment service institutions per vacancy) compared to the corresponding month of 2007 decreased from 1.6 to 1.2 in August of this year. The need for workers declared by employers to state employment service institutions increased by 234 thousand people at the end of the reporting period compared to the same month last year; the number of vacancies at the end of August 2008 amounted to 1,375 thousand people. .

The predominant part of the employed population is concentrated in organizations that are not classified as small businesses. In July 2008 they employed 37.5 million people, or 52.1% of the total number of employees. In addition, 1.9 million people (in full-time equivalent) were employed in organizations not related to small businesses on part-time basis and under civil contracts. The total number of jobs filled for full-time employment of workers in these organizations, defined as the total number of employees on the payroll, part-time workers and workers performing work under civil contracts, in July 2008. amounted to 39.4 million and was more than in July 2007. by 0.3 million people, or 0.9%..

Table 10 Dynamics of the number of unemployed at the end of the month

Total number unemployed						Number officially registered unemployed
thousand Human		VC				thousand Human		VC
		accordingly to the one who says period previous- last year		previous future period				accordingly to the one who says period previous- last year		previous future period
2008
January		4954		94,2		107,7		1552		89,1		99,9
February		5308		98,5		107,1		1574		90,3		101,4
March		4904		96,6		92,4		1534		89,7		97,5
I quarter (monthly average)		5055		96,5		115,8		1553		89,7		104,2
April		4500		94,4		91,8		1478		90,0		96,3
May		4097		91,9		91,0		1397		88,7		94,5
June		4065		92,6		99,2		1332		89,3		95,3
II quarter (monthly average)		4221		93,0		83,5		1402		89,3		90,3
July		4033		93,2		99,2		1317		89,4		98,9
August		4000		93,8		99,2		1294		88,9		98,2

Housing policy considered in modern Western countries as an instrument of social policy.

In the traditional version, this area of ​​social policy is carried out by allocating funds from the budget to assist workers who rent housing. However, there are alternative options: the state is able to encourage independent housing construction. For example, territorial authorities themselves create relatively cheap housing complexes and rent them out to low-income families. Another way of social support in this area involves the use of housing built by private building cooperatives. Under this option, the state usually controls the amount of housing payment by setting a limit on the income of owners for rented housing. In some cases, it is necessary to act even more decisively: to confiscate land from private ownership and use it for public housing construction.

Another part of the state social security program is public assistance ( charity). It is financed from state tax revenues and is aimed at maintaining the income of the poorest segments of the population, regardless of their participation in labor activity and payment of insurance premiums. Public assistance can be in the form of cash payments and in kind (free lunches, food stamps, sales of goods at reduced prices).

2. Current problems of social development of the state and ways to solve them.

2.1. Social policy: reforms and commitments.

The social support system, which is based on universal social transfers, subsidies for goods and services, and categorical benefits, is fundamentally unable to solve the problem of redistributing resources in favor of the neediest households. In conditions of increased underfunding of social programs, this problem has become especially acute, including political.

None of the social functions of the state are implemented in the quantitative and qualitative parameters provided for by law. The effectiveness of a number of social policies, such as child benefits and funding employment programs, has reached critically low levels. The level of actual payment for health care and education services has increased significantly, making many of these services inaccessible to low-income segments of the population. Consequently, reforming social policy has become a task whose solution cannot be postponed any longer.

Recent attempts to reform the social sphere in Russia are often criticized precisely because the bulk of the population is not economically and financially self-sufficient, and the measures proposed by the federal government will further reduce their standard of living. But one cannot help but see something else: undoubtedly, the positive dominant of the proposed reforms is the weakening of the main reformer of the unity of the social space of Russia, associated with the multiplicity of social obligations of the state, which are not provided with the necessary resources everywhere, primarily at the municipal level.

At any time and in all countries, regional and local authorities are faced with the same problem: how to reconcile their (always limited) financial and administrative resources with the immense number of specific cases that do not provide immediate financial return, and problems that “by definition” do not having a final and completely satisfactory solution for the parties involved. We are talking about everything related to the so-called social sphere - social protection of the poor, municipal housing, improvement, etc.

In Russia, the social functions of regional and especially local authorities are broader than in many other countries of the world, and the financial resources for their implementation are minimal. And the way out of this impasse must be made by the social obligations of the state, which can be defined as a constitutional or legislative fixed set of social benefits (services, benefits, subsidies, etc.) that the state, and only it, undertakes to make available to its citizens, and guaranteeing for for a certain part of them and for a certain range of these benefits, the latter are free (that is, they are provided at the expense of budgetary resources).

The use of shock methods of market transformations revealed acute problems not only in the economy, but also in the social sphere, and the living conditions of the entire population.

The decline in production and investment activity has not been overcome, structural changes are not taking place, and the purchasing power of enterprises and the population is declining. Retail turnover, including services, is more than two times higher than the output of consumer goods, which indicates an unprecedented increase in distribution costs and does not contribute to the formation of a competitive pricing mechanism. The latter not only complicates the implementation of large-scale programs for the reconstruction of the national economy, but directly affects social development, the state of affairs in commodity-producing industries, and the standard of living of the employed and unemployed population. .

From the point of view of the social consequences of the indicated phenomena, it is especially important to understand that if underinvestment in the economy is reflected, first of all, in the structure of activity, employment, etc.; then underconsumption affects life expectancy and public health. Another cause for concern is the fact that, on average in Russia, the increase in cash income due to increased wages in sectors of the economy occurs at a slower pace than from other sources. In many regions, the problem of non-payments and delayed wages remains acute. The average wage of workers increases much less than the official increase in the minimum wage. The standard of living of various groups of the population changed not in accordance with labor contribution, but depending on the degree of proximity to the upper levels in the hierarchy of power. There is a substitution of the value system in the public consciousness: conscientious, creative work is becoming less and less preferable: it is not stimulated accordingly, but property and wealth are becoming more and more prestigious, regardless of how they are acquired. On the other hand, conscientious and honest work becomes in the mass consciousness something unnecessary, superfluous; and the paradoxical nature of the current situation is also manifested in the fact that one’s own potential (knowledge, abilities, skills and experience) at the place of main work is not used enough. .

Problems of social development are directly related not only to the decline in the standard of living of workers and the stratification of the population by income, but also to employment problems. Employment is not only a problem labor relations or the social development of business entities, this is, first of all, a complex problem, the solution of which depends on the general economic situation, the budget and credit policies of the state, in which employment is the determining factor. So the analysis modern problems the development of the social state in Russia indicates that the solution requires the formation of an integrated socio-economic policy, both at the regional level and on the scale of the state as a whole; providing financial and credit assistance to regions. This is one of the most important tasks federal authorities, which is not yet implemented. .

Currently, in conditions of economic, structural, and social crisis phenomena, these tasks can be grouped as follows:

An active policy to improve living standards, social support for the population, and create conditions for them to realize their ability to independently ensure their well-being.

Effective measures in the labor market to optimize the employment structure and reduce unemployment.

Formation of a mechanism for social protection of socially disadvantaged and socially vulnerable categories of the population, social security of the disabled population.

Development of an effective system for protecting individual civil rights and ensuring security.

Institutional transformations in the social and domestic infrastructure and the social and cultural sphere in order to expand opportunities for the population to receive appropriate services, improve the quality of service, and ensure accessibility for everyone minimum set free education, healthcare, etc.

2.2. Priorities of social policy in Russia.

Despite the economic recovery and even slight growth, it is too early to talk about long-term trends. One of the main social and economic problems is the low real income of the population, which severely limits demand, including for the products of investment industries, and slows down economic development. Purely economic issues need to be resolved only in conjunction with improving social policy. .

The reality of today has become a change in the principles of financing the social sphere - it increasingly relies on extra-budgetary funds. The main tasks remain to stabilize the economic situation, improve living standards and reduce the number of poor.

It is necessary to transfer the housing and communal services to a market economy and its demonopolization, to increase the share of payment for housing and communal services by the population to 100% (currently at 40%) while simultaneously introducing a system of housing subsidies for the poorest strata. One of the main tasks is the need to increase wages while simultaneously increasing the level of pensions. The concept of a “welfare state” should be introduced, which includes both social insurance programs covering all segments of the population, and a system of measures to support the incomes of the least affluent families: old-age insurance, health insurance, unemployment benefits, etc. .

A special role in welfare state programs is given to transfers. It should be noted that with the help of transfers, not only cash incomes, but also economic opportunities can be redistributed. The fact is that income redistribution in general and transfers in particular change people's economic behavior. People often try to change their behavior so as to receive a social transfer, and not so as to increase their incentives to work with the help of government support. The social burden on the state budget and, consequently, the growing deficit begins to grow. Thus, there is a risk that economic incentives will be undermined, productive activity will be reduced and the size of the pie to be distributed will be reduced.

Over the past ten years, the following changes have occurred in the field of education:

1. the labor market has changed - the customer began to dictate strict requirements for the graduate;

2. regional and local authorities are beginning to play an increasingly active role;

3. there is an active adaptation to the new environment of the education system itself.

It is positive that a new legislative framework, the influence of the region is growing, the requirements of the labor market are taken into account. At the same time, there is clearly insufficient and ineffective budget funding, and the consequences of the commercialization of education are not clear. Wealth and regional inequality in access to education is increasing. The share of paid education is increasing, the population is gradually realizing its necessity. Based on this, the education reform must actually divide budget flows - some of them will cover the costs of financing compulsory education standards, the other must be given into the hands of the population, so that the family itself can choose the appropriate level and quality of education for their children. Thanks to government support, more than 30% of poor families receive free school textbooks. Almost every fifth family where children receive higher education pays for it from personal funds to one degree or another. In general, 60% of families with school-age children believe that they will not be able to pay for their children’s education at a university. It is necessary to introduce a state order for higher education through the provision of grants and educational loans, to test and widely implement a system of national testing.

In the healthcare sector, the practice of paying for medical services is becoming increasingly widespread - in recent years, every second family has had to pay for them on their own, we are talking not only about the traditional private dental practice, but also about payment for diagnostic examinations and consultations with doctors. Paid treatment is compulsory in nature: the level of well-being of families forced to pay for medical services is not the highest, and in conditions when the expansion of paid medicine occurs against the backdrop of falling incomes, many refuse treatment for financial reasons. The state introduced benefits for the free purchase of medicines, but due to the lack of financial support, this right turned out to be formal for the majority of “beneficiaries”. .

At the same time, the financial situation of the healthcare sector is better than that of education and culture. At the same time, the share of the population's funds in paying for medical care. Services are constantly increasing; today they are equal to the state’s share. The most difficult situation with government funding is in small towns and villages, where there is no broad tax base.

There are two ways out of this situation: - either change the guarantees of free medical care enshrined in the constitution. Help or increase funding. Based on this, three options for health care reform are proposed:

1. conservative proposes maintaining formally free medicine, curtailing the compulsory system health insurance, partial restoration of the vertical administration of the healthcare system.

2. radical means a revision of state guarantees, a final transition to compulsory medical care. insurance, restructuring of the medical network. institutions, a per capita tax on the population to ensure the functioning of the health care system.

3. moderate is based on maintaining formally free medicine, introducing territorial planning, and reducing costs in this area. It is expected that there will be an official transition to agreed-upon shared payment for medical services. assistance from the budget and compulsory health insurance based on uniform tariffs.

An even more unsatisfactory result of the ongoing housing payment reform is that the pressure of housing payments is greater on those families that are in worse housing conditions. Debt is more common among families with a lower housing status: those living in smaller areas, in non-privatized and communal apartments. Almost everyone agrees that housing debtors need a selective approach, taking into account the composition of their families. In general, there is a prevailing rejection of the policies pursued in recent years in the field of payment for housing and utilities. The amount of payments for housing practically does not depend on the quality of housing, the volume and quality of provided utilities, and is not linked to the level of income and the cost of living. The socially protected effect of the housing compensation mechanism has little effect on the problems of rent debts. .

2.3. Problems of creating a social state in modern Russia.

We can name some problems of creating a social state in Russia:

1. Russia has not yet found support in law, in human rights, and the social state in Russia cannot rely on the foundation of the rule of law: the creation of a social state in our country is not a new stage in the development of the rule of law (as was the case in the West);

2. a “middle layer” of owners has not been created in Russia: the overwhelming majority of the country’s population received nothing from the spontaneously privatized party-state property;

3. there is no powerful economic potential that would allow measures to redistribute income without significantly infringing on the freedom and autonomy of owners;

4. monopolies in the most important types of production and sales have not been eliminated, which leads to a lack of real competition;

5. there is no developed, mature civil society;

6. The level of morality in society has been reduced, the usual spiritual guidelines of justice and equality have been practically lost. The public consciousness is affirming (with the help of “professional” ideologists and politicians, as well as the media) a pernicious idea of ​​the incompatibility, on the one hand, of morality, and on the other, of politics and economics (“politics is a dirty business”);

7. existing political parties in Russia do not have clear social programs and ideas about ways to reform society;

8. society lacks clearly defined real goals and scientifically proven models of life;

9. in the process of liberating Russian society from total state intervention, the social role of statehood has been reduced by inertia, that is, the Russian state has gone to the other extreme, leaving the citizen alone with the elements of the market. . .

And yet, despite the difficulties listed above, the development of social statehood is the only possible path for the free society that Russia wants to become.

As a result of the reforms, the social and labor sphere acquired a new quality. Institutional innovations influenced, firstly, the emergence of fundamentally new areas and types of activities and, secondly, the formation new structure possible sources of income. The most radical was the legal unreal design of the institution of private property, which resulted in:

The formation and development of a new sector of the economy and, accordingly, the creation of new jobs.

Formation of a new source of income - entrepreneurial and property income in its most diverse forms.

The multiplicity of forms of labor activity, especially the development of individual labor activity, has led to an increase in self-employment of the population. Due to the liberalization of customs policy and trade rules, the so-called “shuttle” business has gained greater momentum. The lifting of restrictions on secondary employment also expanded the range of income sources.

The policy of artificially maintaining the existing level of employment or the slow growth rate of unemployment, carried out through the use of preferential lending regimes and subsidies for unprofitable industries, inevitably leads to the emergence and reproduction of high legal unemployment. In Russia, its two forms are most widespread: sending workers on forced unpaid (or partially paid) leaves and using a variety of part-time work schedules. .

The existence of large hidden unemployment is due to conscious choices at the macroeconomic level. The negative economic and social consequences of this phenomenon are well known: conservation of a large number of ineffective jobs, a decrease in real incomes of the formally employed population, weakening incentives for highly productive work, etc.

The dependence of the employment sector on the macroeconomic situation and changes in the structure of production in a market economy determines the subordinate position of policy in the labor market in relation to the policy of the financial and economic structures of the Russian government. Its social “bloc” (including the Ministry of Labor of the Russian Federation, Federal service employment, the Federal Migration Service, etc.) has virtually no ability to directly influence the scale of employment and unemployment. Its prerogatives include only regulatory support and operational regulation of specific processes in the labor market.

The change in the economic situation in the country made it necessary to create legal framework regulating the behavior of all economic entities in the labor market.

The social and economic situation of today's unemployed is extremely contradictory. The social protection standards for the unemployed introduced by the Employment Law are, at first glance, quite liberal: the minimum work experience sufficient to receive benefits is only 12 weeks for the previous year, the amount of unemployment benefits is guaranteed not lower than the minimum wage, and fairly high thresholds for the benefit scale are defined. However, given the current inflation dynamics, the real content of these payments is rapidly depreciating. .

The worst situation is for people who have not worked for a long time. Currently, there is no clear legislation regarding those persons who, after 12 or 15 months, have neither work nor the right to receive benefits. At the same time, there is a pronounced growth trend average duration unemployment.

Registration and accounting of the unemployed with the Social Security Fund is today its main function, which, despite its importance, cannot be considered as an instrument of active policy in the labor market. The Federal Social Protection Fund has developed a number of measures contained in annual programs to promote employment. However, both the range of these measures and their effect are limited.

In terms of stabilizing the labor market, special hopes were placed on the implementation of the idea of ​​social partnership and regulation of employment on the basis of collective and individual labor contracts.

The formation of a market economy in Russia is impossible without an effective social policy. Social policy in the transition period to the market should be based on three basic principles: the priority of problems of social security of the population; increasing the role of personal labor income in meeting the social, cultural and everyday needs of the population and eliminating dependency on this basis; organization of a new mechanism for financing the social sphere, i.e. transition from state paternalism to social partnership. .

Social security of the population in the transition to a market requires differentiation of social support according to income level, degree of ability to work, and in some cases - according to the principle of employment in social production. Some segments of the population need special social programs.

Social programs are financed not only from state funds, but also from local budgets, funds from enterprises, organizations, and the population.

In modern conditions, the problems of unemployment and inflation have acquired a special aspect. Social protection from unemployment is implemented through personnel training and the organization of a fund to help the unemployed with the establishment of the amount of benefits.

Indexation is carried out by regulating nominal wages, income, and interest rates. Indexation may follow or precede a price increase. In the first case, it is carried out at certain intervals. In the second, salary increases are made in advance, taking into account the expected rise in prices. But preliminary indexation aims enterprises to include wage increases in contract prices, thereby increasing inflation.

The results of the social policy being implemented today are very contradictory, there are significant shifts in payments to the population, but nevertheless, the level of poverty in the country indicates its low effectiveness. .

Conclusion.

The formation of a welfare state is not only an economic and political process, but also a moral process that requires a “human” dimension.

Taking into account the above, 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, above all, state officials.

3. Powerful economic potential, allowing for measures to redistribute income.

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 necessary areas of the economy.

5. Legal development of the state.

6. The existence of civil society, in the hands of which the state acts as an instrument for carrying out socially oriented policies.

7. A clearly expressed social orientation of the state policy, which is manifested in the development of various social programs and the priority of their implementation.

8. The state has such goals as establishing the common good, establishing social justice in society, providing every citizen with decent living conditions; social security; equal starting opportunities for personal self-realization.

9. Availability of developed social legislation on social protection of the population).

10. Consolidation of the “welfare state” formula in the country’s constitution.

After considering and analyzing the above problems and proposals for their solution, without which the existence and fruitful functioning of our society is unthinkable, the only possible solution in this difficult situation conclusion that for the normal functioning of a socially oriented market economy and the successful creation of an effective social protective mechanism, the following specific steps are necessary, such as the immediate adoption and strict implementation of regulations aimed at increasing employment and providing the state with social support for the population; providing state assistance in the creation and support of such new, inherent market economy institutions such as labor exchanges, the labor market, employment and training centers.

If we are able to change the priorities of the socio-economic strategy of the state and private capital, to make the sphere of science, culture, education and healthcare a field for the profitable use of public and private capital, the prospect of the revival of Russia and the solution of a complex set of problems of a social nature will be successfully resolved.

Literature.

1. Yuryeva T.V. Social economics: Textbook. for students universities studying economics, specialization. - M.: Bustard, 2001.

2. Glazyev S.A. On the government action plan in the field of social policy for 2000-2005 / S.A. Glazyev // REJ - 2005- No. 8.

3. Zakharov V.I., Udalov F.P. Contours of social policy in Russia / Zakharov V.I., Udalov F.P. //ECO - 2000- No. 10.

4.A. V. Moskovskaya, S. V. Moskovskaya. Qualitative and quantitative changes in the sphere of employment: “Economic Issues”: 1999, No. 11.

5. http://old.polit.ru/documents/411280.html

6.S.S. Smirnov, N. A. Isaev. "Social politics. New Course”: “Economic Issues”, 1999, No. 2.

7. Ilyshev A., Lavrentieva I. The effectiveness of social support in the spheres of employment and reproduction // Economist. 2003.-№10.

8.http://www.rg.ru/2008/09/10/regiony.html

9.http://www.rg.ru/site/pravitelstvo

10.ww.gzt.ru/wwallet/2008/03/05/143609.htm

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12. Kuzmin S. Protective mechanisms of the social system and their
use in managing economic processes // Economist. 2003.- No. 12.

13. Murdzhikneli M. Subsidy as a mechanism of social protection // Economist; 2003.-№10.

14.Novikova V. Fair distribution of income // Economist.2003. -No. 4.

The welfare state is a natural social phenomenon. Representing a consciously constructed public, social formation, it allows, at a certain stage of historical development, to ensure a more or less uniform distribution of material goods, to a certain extent to equalize the starting conditions of citizens and thereby contributes to the maintenance of social stability in society. The specific embodiment of the idea of ​​a social state is determined both by the level of economic development and the nature of the relationships between the state and society, specific social groups and individual citizens, ideological views of the ruling elite and stereotypes of public consciousness.1

The revolutionary changes that took place in our country in the early 1990s raised the question of the nature of Russian statehood before the entire post-Soviet society and all citizens of the country. The adoption of the Constitution of the Russian Federation in December 1993 marked an important step in determining the priorities of the Russian state. Having accepted the norms of international law as mandatory, the Constitution of the Russian Federation established that Russia is a social state, the policy of which is aimed at creating conditions that ensure a decent life and the free development of people. The concept of Russian statehood is reinforced by the fact that one third of the articles of the Basic Law are devoted to the rights and freedoms of man and citizen, many of which establish specific social rights of man and citizen of Russia.

In other cases, the understanding of the welfare state is associated with the social activities of the state. Achieving prosperity, real equality of opportunity, a decent standard of living for the population, helping the weak and needy are becoming large-scale and becoming the basis of state ideology and policy. The state begins to take responsibility not only for the well-being and prosperity of economically active groups of the population, but also for all members of society. Russia has adopted the progressive theory of the social state and uses three world models of social development in its social activities: liberal, corporate and solidarity

The liberal model is based on the individual principle, which assumes the personal responsibility of each member of society for his own destiny. The role of the state in the implementation of social policy is reduced to a minimum. Its main subjects are the individual and various non-state structures, social insurance funds and associations.

The state assumes responsibility for guaranteeing only the minimum income of citizens and the well-being of the weakest and most disadvantaged segments of the population. At the same time, it stimulates the creation and development in society of various forms of non-state social insurance and social support, as well as various forms and ways for citizens to legally receive additional funds.

The liberal model of the welfare state allows you to indirectly influence social relations by financing social programs from your budget through the development of investments in education, healthcare, pensions, unemployment benefits, social protection of non-state financial resources and at the same time through the development of the entire market infrastructure for generating income in society.

The corporate model in a social state involves the use of the corporate principle, which establishes that organizations and corporations bear maximum responsibility for the fate of their employees. Organizations, creating a system of lifetime employment, encourage their employees to make a certain labor contribution. For this he is given different kinds social guarantees in wages, pensions, free medical, housing services and education. At the same time, the state shirks responsibility for social well-being in society.

The solidary model of a social state requires the implementation of the principle of solidarity, which means the responsibility of the entire society for the fate of its citizens. This is a redistributive model of social development and the main power apparatus that carries out such redistribution is the state. This is what takes over most responsibility for the social welfare of citizens.

The Russian state actively uses elements of different models of the welfare state. In particular, within the framework of adopted social programs, it takes care of the social well-being of the population, providing state pensions, social and medical services, developing education and science. In addition, the social development of citizens is carried out at the expense of organizations by collecting appropriate taxes from them and ensuring the social development of workers.

Funds from the population themselves are also attracted to improve the service system. Thus, one of the sources of pension increases will be the funded part of the labor pension, calculated from the accumulated amounts of insurance premiums and investment income.

The mechanism of social protection of the population is implemented in Russia different ways. The protection of social rights is ensured by bringing legislation on social human rights in accordance with the requirements of international law. It is necessary to ratify the main international acts in the field of ensuring social benefits: ILO Convention No. 102 “On Minimum Standards of Social Security”, the European Social Charter, the European Convention on Social Security, etc. The protection of the social rights of Russian citizens is carried out by the Constitutional Court of the Russian Federation.1

Judicial protection of rights and freedoms, as well as social rights of Russian citizens, is guaranteed by Art. 46 of the Constitution of the Russian Federation, which establishes that decisions and actions of state authorities, local government bodies, public associations and officials can be appealed in court. However, in practice, a secondary role of the court is still observed, and this role must be raised in every possible way. An important means of social protection of citizens is the European Court of Human Rights. Recognizing the jurisdiction of an international court, our state proceeds from the priority of international law over national law. The European Court is guided by the Convention for the Protection of Human Rights and Fundamental Freedoms. National courts should remain the forum where decisions are usually made, and if decisions have reasonable grounds, they should be recognized at the international level, subject to mandatory compliance with established legislation.

The Russian state, in accordance with the Constitution of the Russian Federation, is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. The country is responsible for social security, social insurance, social assistance, social services, social service, medical care, protection labor rights workers, protection of the rights, freedoms and interests of spouses, parents and children, charity, voluntary forms of social security.

Social activities state is carried out on the basis of certain principles. The most important of them are the principles of social justice, social equality, ensuring the social rights of man and citizen, establishing decent conditions for human life, implementing social security society, achieving social security of the population, overcoming formal and legal equality in order to eliminate sharp differences in the financial situation of individuals, mutual social responsibility of citizens, society and the state to consistently develop civil society.

The socio-economic development program and social programs of Russia for the long term suggest that ensuring the country's competitiveness and high rates of economic growth requires a significant increase in the effectiveness of social policy, the formation of a developed market for social services, and an improvement in the quality of life. Along with solving problems related to supporting the poor, mitigating possible negative consequences reforms, improving the demographic situation, social policy should ensure the formation of factors influencing economic growth. This task is achieved through the fullest involvement of the labor, intellectual and creative potential of citizens into the economy.

Based on the developed social legislation, the Government of the Russian Federation must pay special attention to:

Development and rational use labor potential of society;

To equalize economic opportunities and strengthen social mobility due to the acceptability of modern education;

Supporting socially vulnerable segments of the population, improving pensions, further improving targeted social assistance, streamlining the system of social benefits and benefits, organizing recreation and health care for children;

Ensuring the growth of cash incomes of the population and reducing their differentiation based on an increase in wages, accompanied by an increase in labor productivity, and an increase in wages in the public sector;

Creating conditions for effective employment of the population, ensuring a balance of supply and demand in labor markets, including through improving the quality, competitiveness and mobility of the workforce;

Reducing poverty through ensuring effective employment of the population

Formation of a system of additional non-state social insurance as a factor of social stability;

Introducing new methods of financing budgetary institutions, expanding their economic independence and creating conditions for improving the quality and variety of social services provided to citizens;

Interaction with civil society structures in matters of financing and provision of social services, monitoring their quality, providing targeted support for socially vulnerable citizens;

Stimulating socially responsible behavior of business representatives, etc.

The solution to these and other problems can be achieved subject to a radical increase in the efficiency of all sectors of the social sphere and optimization of the use of public resources in the interests of citizens - consumers of social services. The social state is connected not only with social development and ensuring the social security of modern society, but also with the recognition and implementation of the entire system of human rights and their real protection. One of the problems of the theory of the welfare state is the problem of human rights. Moreover, all rights, because all human rights are interconnected, and the identification and protection of one category of human rights (natural) entails the identification and protection of others (economic, social, political, etc.).1

Natural rights do not mean something natural in the literal sense, but their social and spiritual essence, which is crucial for the formation of personality. They are as important for the preservation of human nature as the ability and necessity to eat, drink, and breathe. If we take away a person’s right to life, freedom of conscience and belief, security, development, respect for human dignity, non-interference in personal life, the right to participate in solving public issues, ownership and disposal of one’s property, including intellectual property, and a number of other vital social rights , then the human personality will simply disappear.

Economic, social and cultural rights have been occupied since the second half of the twentieth century. a worthy place in the human rights system.

The analysis of social human rights is relevant, especially the rights of a citizen to an adequate standard of living, which is the essence of a social state. It is known that every person has the right to such a standard of living, including food, housing, medical care and necessary social services, as is necessary for the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, widowhood , old age or other loss of livelihood due to circumstances beyond his control.

Conclusion

At the end of this work, we will summarize the results and draw brief conclusions.

The state is a unified political organization of society that extends its power over the entire territory of the country and its population, has a special administrative apparatus for this purpose, issues orders binding on everyone and has sovereignty.

Recently, the state has begun to increasingly turn into a body for overcoming social contradictions, taking into account and coordinating the interests of various groups of the population, and implementing decisions that would be supported by various social strata. In the activities of the state, such important general democratic institutions as the separation of powers, the rule of law, transparency, pluralism of opinions, and the high role of the court begin to come to the fore.

The role of the state is changing significantly and international arena, its external activities, requiring mutual concessions, compromises, and reasonable agreements with other states.

All this gives grounds to characterize a modern civilized state as a means of social compromise (in content) and as a rule of law state (in form). It is impossible to define a general concept of a state that would reflect all, without exception, signs and properties characteristic of all its periods in the past, present and future. The variety of conditions in which states existed, exist and will exist at different stages of their development reveals many features and specific features, not inherent in other states. At the same time, as world science and social practice have proven, any state has a set of universal characteristics that manifest themselves at all stages of its development.

As civilization improves and democracy develops, the state transforms from a primitive formation of a forced-repressive nature into a political organization of the entire society, where the entire complex of state institutions actively functions, ensuring a balance of social and political forces, and the sustainable development of society.

Historical process goes from an imperfect, undeveloped state, acting primarily in the form of dictatorial state power, to a developed state, where democracy, economic and political freedom of the individual are increasingly realized.

A democratically developing society needs its diverse objective needs to be the focus of the state's attention; it stimulates the development of general social functions of the state. Here is the source of a new pattern of development of the modern state - the increase in its social role in the life of society. This pattern was fully manifested in the second half of the twentieth century. The state began to extend its organizing and directing activities to the economic, social and cultural spheres of society through the created institutions and bodies - the ministries of labor and social security, culture, education, etc.

As it develops, the state increasingly becomes a “state of man,” in which man, his innate inalienable rights and freedoms, and the moral and spiritual humanitarian foundations of his existence are put in first place.

The state is a unique, complex, multifaceted “invention” of humanity. As it develops, it continues to become more complex and at the same time closer to a specific person from the point of view of ensuring his safety and comfortable existence.

So, the regulatory role of the state is reduced to the necessary minimum: maintaining law and order, fighting crime, creating normal conditions for the activities of owners, their exercise of their rights and freedoms, activity and entrepreneurship. Thus, the state should primarily perform the functions of “conducting general affairs.”

Over the centuries-old history in Russia, many traditions have developed that largely determined the development of Russian statehood and gave it uniqueness and originality.

The Russian state is a state in the full sense of the word. This is not a “semi-state”. It develops according to uniform laws characteristic of any state and has all the characteristics inherent in this phenomenon.

At the same time, at various stages of its development, the Russian state did not remain unchanged, sometimes radically different from the state of the previous stage. However, it was a state extending power over the same territory, over the same subjects.

In the Constitution of modern Russia it is defined as a legal state. An analysis of political reality allows us to conclude that this statement is still wishful thinking. Russia is still far from being a rule-of-law state. And the difficulties of its construction are determined not by the mistakes of the political leadership, but by the peculiarities and traditions of Russian statehood, which leave their mark on all aspects of public life, including the formation of legal statehood.

In modern Russia, colossal changes are taking place affecting all aspects of public life. Society and the state are faced with new directions and prospects for its development.

Russia is once again on a completely new way development, forming a new form, mechanism, acquiring new functions. However, their implementation is not the fruit of scientific inventions or voluntaristic decisions, but the result and continuation of centuries-old traditions of statehood. These traditions must be studied, analyzed and taken into account in the course of state and legal construction.

Therefore, this topic cannot be considered completely exhausted.