scholarly journals ON THE CONCEPT OF THE FUNCTIONS OF THE STATE

2021 ◽  
Vol 37 (1) ◽  
pp. 19-23
Author(s):  
M.M. Magdilov ◽  

The article is devoted to the analysis of the main approaches to the concept of the functions of the state, since this issue is among the fundamental and debatable ones related to the essence of the state, has an applied significance, allows us to accurately determine the nature of the state's activities, the development of its priorities at the present stage. The main conclusion made by the authors is that there are many points of view on this issue and a fairly large number of different approaches to the consideration and definition of the functions of the state, which is quite natural, based on the complexity and versatility of the issue under consideration. The priority is a systematic integrative approach to understanding the activities of the Russian state, the problem of the correlation of the interests of the state, society and the individual, which arise both in the process of direct formation of the functions of the state, and their changes in the process of historical development, determined by the general social role of the state.

Author(s):  
Richard Beardsworth

With its moral commitment to the individual, cosmopolitanism has often downplayed the role of the state in cosmopolitan commitments and their practices. There is, however, emerging concern to put the state back into cosmopolitan concerns. This chapter argues that two outstanding reasons for this intellectual move are of an institutional and political nature. First, despite the recent pluralization of global actors, states remain the major agents of change within a (post-Western) system of states; both the moral and political purpose of the state should therefore be aligned with global imperatives. Second, a clearly formulated “marriage” between the global and the national is required to line up institutional motivation for enlightened global policy. This chapter argues, accordingly, for cosmopolitan state responsibilities toward the provision of global public goods (examples include nuclear disarmament, climate change mitigation and adaptation, and sustainable development).


2020 ◽  
Vol 1 ◽  
pp. 16-22
Author(s):  
Diana Shkuropadska

Research the tools for ensuring resilience of the financial corporations sector is relevant, given the fact that the development of the world economy is increasingly subject to the shock influences, to which financial crises are imposed. The aim of the article is to identify and justify macroeconomic tools according to the directions for ensuring resilience of the financial corporations sector. The theoretical-methodological base of the article is scientific works of scientists and reports of international organizationsfor directions and tools for ensuring resilience of the financial corporations sector and the economy in general. The general approaches and research methods have been used at preparing the article: theoretical generalization, analysis, synthesis and system method. The use of these methods allowed to consider approaches of leading international audit companies to understand the concept “resilience of the financial corporations”. On this basis, there was suggested the author's definition of the concept “resilience of the financial corporations sector” and defined it essential characteristics. It was explained, that the process of ensuring resilience of the financial corporations sector involves the implementation of macroeconomic tools in accordance with the following areas: the introduction of economic stimulus packages, attractive lending conditions, tax and investment benefits, promoting innovation, development of compensation mechanisms, international financial support. The important attention in the study was paid to the role of the state in the process of implementing macroeconomic tools for ensuring resilience of the financial corporations sector. Attention is focused on the fact, that under shock influences the state should implement macroeconomic tools in line with current problems in the development of the financial corporations sector. This in turn will ensure its profitability at a level sufficient for normal functioning.


Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.


Author(s):  
Héctor Fernández L’Hoeste

This chapter proposes the practice of nation branding as a political technology, as an example of neoliberalism in which the definition of national identity, previously assessed primarily by the social sciences and humanities, becomes the domain of business managers and advertising executives, thanks to technologies associated with social media. It explains how the redefinition of social goods, the role of the state, and the role of experts entail the replacement of a more socially driven understanding of identity with an act of commercial prestidigitation by way of nation branding; the pertinent state entities are replaced by advertising and image consultancy firms; and, lastly, scholars of various disciplines are replaced by advertising and PR executives. In short, following neoliberalism, identity is reinterpreted as brand. Identity no longer results from the never-ending and instantaneous negotiation between a multiplicity of parties, representative of myriad aspects relevant to the configuration of individuals and communities, but is rendered instead as the quantifiable, concrete result of a variety of transactions. Through this reformulation, a new relationship is suggested between the idea of nation as imagined community and the reality of the state as a material expression of the concept of nation.


Author(s):  
Mike Allen ◽  
Lars Benjaminsen ◽  
Eoin O’Sullivan ◽  
Nicholas Pleace

Chapter 7 draws together some of the lessons that can be learned from the experiences of three small European countries in responding to homelessness. It is clear that responses to homelessness are embedded and enmeshed in the political and administrative culture of the individual countries, particularly the role of the state, both centrally and locally, in the provision of housing, welfare, and social services. Homelessness cannot be responded to as a separate issue from this broader context, and this is particularly the case in Finland and Ireland, where the roles of the state and market are understood very differently.


2017 ◽  
Vol 47 (4) ◽  
pp. 477-498 ◽  
Author(s):  
Kate A. Moran

AbstractWe often make a distinction between what we owe as a matter of repayment, and what we give or offer out of charity. But how shall we describe our obligations to fellow citizens when we are in a position to be charitable because of a past injustice on the part of the state? This essay examines the moral implications of past injustice by considering Immanuel Kant’s remarks on this phenomenon in his lectures and writings. In particular, it discusses the role of the state and the individual in addressing the problem.


2021 ◽  
Vol 3 (3) ◽  
pp. 33-50
Author(s):  
Andrey V. Scorobogatov ◽  

Introduction. This article is devoted to the research of essence and the legal behaviour of the person. The purpose of article is the identification of the factors influencing formation, development and content of legal behaviour. Theoretical Basis. Methods. The article is based methodologically on the post-classical anthropological paradigm which allows consideration of legal behaviour through a prism of subjective perception by the person. The studying of fundamental bases of legal behaviour is impossible without identification of their valuable basis. Results. It is proved that the commission by the person of certain actions in the legal sphere depends on the individual and the social system of legal values, the individual and society (social group) relation to them, legal status of the personality and the social role which is carried out by it. The classification of legal behaviour on the basis of an axiological approach assumes an allocation of the person which is active, ordinary and passive depending on degree of readiness to carry out the legal actions, being guided by the valuable orientations and installations determined by legal socialisation and the system of legal values of group with which the subject identifies themselves. At the same time, it is insignificant how these actions meet the standards of positive law. However, the legal behaviour often has situational character. In this case its contents are defined by the system of so-called individual person law. The behaviour of the person is the result of operation of the special mechanism consisting of consistently realised elements that connected among themselves not only cognitively but also functionally including legal requirement, legal interest, legal motive, legal orientation, legal installation, legal decision, and legal act. These elements consistently replace each other, providing an interrelation of legal behaviour with legal awareness. The role of the state in formation of the person’s legal behaviour, though is very considerable, but it is not defining. In the process of legal socialisation the cognitive elements of the mechanism of legal behavior determined by legal tradition in combination with social and individual legal experience are formed. Discussion and Conclusion. The analysis of legal behaviour is aimed at expanding the value ideas of legal reality. This will allow a deeper look at legal development on a global scale.


2021 ◽  
Vol 10 (525) ◽  
pp. 336-340
Author(s):  
I. V. Yahodenko ◽  
◽  
O. D. Hordei ◽  

The article is aimed at disclosing the economic essence of the concept of «the State-based financial control», defining and analyzing the current status of the State-based financial control in Ukraine. The article analyzes the opinions of scholars on the definition of the conceptual apparatus of the research topic and derives a theoretical understanding of the State-based financial control. The issue of building an effective unified system of the State-based financial control is researched. The analysis of legislation norms on the implementation of the State-based financial control is carried out. The opinions of leading scholars who study the problems of control over the effective use of both the State and the local budgets together with reforms in this area are taken into account. The current status of the State-based financial control in the country is analyzed, a number of problems within the system are outlined. The characteristic shortcomings of functioning of the elements of the State-based control system are outlined (absence of a unified concept for the development of the State-based financial control, deepening of the powers of regulatory authorities, presence of a large number of normative legal acts, their outdatedness and inconsistency), the inadmissibility of duplication of control functions is emphasized. The role of the State-based audit in the formation of the successful State-based financial control in the country is determined. The risks that influence the formation of the State-based financial control are analyzed. It is concluded that the system of the State-based financial control in Ukraine does not have sufficient legal, informational, organizational, communicative, institutional and methodological provision that would meet the modern challenges of the country’s economy. Solving the problems of organization and functioning of the State-based financial control is possible by systematically improving the activities of financial control bodies, increasing the level of audit and continuous improvement of the management system within the organizations of regulatory authorities.


2021 ◽  
Vol 10 (2) ◽  
pp. 89-100
Author(s):  
A.V. ISAEV ◽  
◽  
V.A. MATVIENKO ◽  

The aim of the scientific monitoring undertaken within the framework of this article is to present the most comprehensive picture of the interaction between the state organs and traditional religious confessions in implementation of social assistance by them to the needy layers of the population. A retrospective of the established realities of the social sphere existed in the past allowed the authors of this work to trace their influence on the essential characteristics and forms of religious organizations' charity activi-ties in the space of provincial regions of Russia in the second half of the XIX – early XX centuries. The conduct-ed reconnaissance of the planned range of issues made it possible to state the facts of an exclusive empyria exist-ence for every traditional Russian religious confession, as well as a certain dependence of the religious charity on the character of public relations, on the role of the state in the social sphere, and the connection with spirituality genesis.


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