Such contracts are not often encountered. Therefore, it is important to know the key features of such agreements. This is necessary so as not to get into trouble when concluding a loan agreement. After all, just that - and your debt has already been sold to another organization.

Assignment and cession agreement

For people who are not familiar with legal topics, the words "cession" and "cession agreement" mean little. Meanwhile, everyone can face these concepts. An assignment agreement is a transaction for the alienation of accounts payable to another person (natural or legal). It is usually possible and occurs without the consent of the debtor himself. It is also called the assignment of claims. Its simplest example is when the assignor (creditor) transfers the obligations of the borrower to the bank-collector. However, situations where it is necessary or possible to conclude such an agreement are not limited to this.

Types of cession agreements

Cession agreements are concluded, for example, upon or upon divorce. They are now also used as a guarantee of fulfillment of obligations in the supply of goods and the issuance of loans. So, let's list the main ones.

Assignment of debt between legal entities. Most often occurs during the reorganization of the enterprise. Only the name of the debtor changes. These documents require seals on both sides.

Between individuals. There are several examples. This includes the division of spouses' property in a divorce, and the transfer of children's debts to their parents, and assistance in obtaining a loan. The contract does not require simply to be sealed with the signatures of the parties, indicating all the key terms of the transaction (amount, terms and methods of repayment).

Debt transfer agreement from a legal entity to an individual. This happens during bankruptcy, when the obligations of the enterprise are transferred to the director. The latter are transferred in full and under the same conditions. The document is certified by a seal on one side and the signature of a private person on the other. You must also indicate the passport details of the new debtor.

A tripartite agreement is concluded between the current and former lender with the participation of the borrower. In this case, the latter is promptly notified of the transaction being made.

The cession agreement can be paid and gratuitous. This means that the assignor of this right can either transfer it free of charge. However, regardless of this, the amount and terms of the debtor's obligations remain unchanged. You can also sell the rights under a writ of execution.

Basic concepts

The parties to the agreement under consideration are the assignor and the assignee.

An assignor is a legal or natural person who assigns the right to claim.

Assignee - an organization or a citizen to whom the right to claim is transferred on the basis of an agreement.

In the case of a tripartite agreement, the object of the claim (the debtor) is indicated as the third party.

Basic conditions

The assignor and the assignee must sign the contract only upon agreement of the following conditions:

1. Parties-participants (indicating full details, signatures, seals, and for individuals - their passport data).

2. Conditions for the transfer of obligations (rights of claim).

3. The price of the contract (if it is paid).

4. A list of documents that confirm the fact of the occurrence (presence) of debt to the first creditor.

5. The contract that caused the emergence of obligations.

6. Date of transfer from assignor to assignee (this may be the moment of transfer of all specified supporting documents or the date of signing of the contract itself).

7. Responsibility of the parties.

Possible mistakes

When concluding a cession agreement, certain restrictions apply. And the assignor should take this into account. Assignment of rights of claim is not subject to personal obligations: the payment of alimony, compensation, as well as compensation for material damage due to harm to the life and health of another person. In addition, such a transaction should not contradict the law, other legal acts and contracts. So, if the assignor is a party to a joint activity agreement, then he cannot assign his rights of claim without the consent of other partners.

Accordingly, the debtor has the right not to pay the new creditor until the proof of the completed transaction is provided to him. And if, before receiving the notification (but after the conclusion of the assignment agreement), the borrower has fulfilled its obligations to the assignor, then this may have adverse consequences for the assignee. And then the latter will have to ask the original creditor. And most importantly, the requirement under such an agreement must be valid and documented. If it is lawful only partially, the cession agreement is recognized as void. In addition, the debtor may have counterclaims against the assignor, which he is legally free to present to the new creditor. Therefore, it is advisable to inquire about the existence of such claims before concluding an assignment agreement.

It occupies a special place among other transactions. Let us further consider in detail such concepts as the assignor and the assignee: who they are, what legal possibilities and obligations they have.

General information

Usually, the assignment of claims involves the payment of some compensation by the receiving party. In fact, three subjects are involved in the transaction:

  • A person who has certain obligations by virtue of the original contract. This participant is called the debtor.
  • The entity to which the obligations arose. He is a lender.
  • The person to whom, in fact, the right to claim is assigned.

Assignor and assignee: who is it?

Subjects that have certain obligations are called debtors. This term has a somewhat narrow meaning. Nevertheless, in accordance with existing practice, it can mean not only monetary obligations, but also debts of a different kind. For example, it can be an obligation to perform work / provide a service, transfer ownership, and so on. The entity acting as the creditor is referred to in the assignment as the assignor. This person transfers to a third party the opportunity to demand payment of the debt. The latter is referred to in the transaction as an assignee. He gets the opportunity to demand payment of debt in his favor.

Assignee

An individual, as a result of concluding a transaction to transfer the legal ability to demand repayment of the debt, assumes the entire scope of the powers that the original creditor had. The latter then withdraws from the contract. The assignee is a participant in the transaction, who, in accordance with the agreement concluded with the original creditor, gets the opportunity not only to demand repayment of the debt, but also to apply sanctions to a person who evades this.

The specifics of the transition of powers

The conclusion of the contract does not imply obtaining the obligatory consent of the borrower. However, the law stipulates the need to notify the debtor of such a transaction. The notification is necessary in order for the assignee to start receiving payments. This will avoid potential problems for both parties to the contract. If the debtor does not know about the change of creditor, he can continue to repay the obligations in favor of the original lender. As a result, he is in debt.

Powers of the new creditor

The rights of the assignee at the conclusion of the transaction have the same scope and the same limits as those of the original lender. For example, the contract provided for the possibility of repaying obligations by transferring property. The lender can thus turn it to his advantage. The assignee has the same opportunity. This will not depend on whether a notice of the transaction was sent to the debtor. Payment (repayment of obligations) can be made in any form (cash/in-kind). But in all cases, it is necessary to determine the powers that the new creditor has.

Debt repayment

In practice, payments are rarely made in cash. Usually, the repayment of obligations is made by crediting to an account held by the assignee. This can also be done by issuing checks and other negotiable documents. In accordance with the principle of the autonomy of the will of the participant, the parties to the assignment agreement may resolve the issue regarding the rights of the assignee to the sums of money and property received by the initial agreement in different ways.

Important point

As mentioned above, the right of the assignee is preserved regardless of whether the debtor was notified of the conclusion of the assignment agreement. This approach is considered universally recognized and operates in almost all legal systems. Its application is conditioned by the need to ensure the withholding of payment if it was made before notification of the debtor. If the money was received by the assignor after the borrower was informed, the assignee is entitled to these payments, since the debt under the new agreement has not been repaid.

Conclusion

According to the current legislation, different types of rights can be transferred. The only exceptions are those that are directly related to the identity of the original creditor. Obligations of this kind, for example, include alimony payments, health. That is, the right to demand these payments cannot be transferred. The original creditor, when concluding an assignment agreement, is obliged to provide guarantees to a third party. In particular, he must confirm his rights to property, value, service or other object to be transferred. The original creditor thus provides documents proving the ownership of the item. They must confirm the legitimacy of the right at the time of the assignment.

THE ROLE OF LAW ENFORCEMENT POLICY IN IMPROVING THE LAW ENFORCEMENT SYSTEM OF MODERN RUSSIA

(The work was supported by the Russian Foundation for Basic Research (project no. 07-06-00211))

A.V. Malko

(Director of the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Professor)

HE. Korzhikov

(Associate Professor of the Astrakhan Branch of the International Law Institute under the Ministry of Justice of the Russian Federation, PhD in Law, Doctoral Candidate)

In modern conditions, it is necessary to reform the legal system of Russia, due to the fact that the existing array of offenses (primarily corruption, organized crime, etc.) undermines the foundations of the law itself, nullifies the existing law enforcement system. This is a kind of challenge of the time, a threat to the normal existence and development of Russian society. President of the Russian Federation V.V. Putin in his next, seventh Address to the Federal Assembly of the Russian Federation noted that "despite the efforts made, we still have not been able to eliminate one of the most serious obstacles to our development - corruption"1.

Moreover, a very paradoxical situation has now developed in Russia: law enforcement agencies, which, by their status, should guard the law, are considered by a considerable part of citizens to be the main violators of their rights. This is confirmed by sociological research conducted in three cities - Astrakhan, Ryazan and Cheboksary within the framework of the project "Raising awareness of the Russian legal system". The majority of residents of these cities, according to the research data, “first call the chiefs and the police the main violator of their rights, and only then the bandits ... Of the violators of their civil, labor-

and social rights, the inhabitants put the existing system of power in the first place (44.7%), the police second (43.3%), then criminals (41.9%), followed by bosses who do not pay pensions and salaries ( 37.2%), and officials close the row (30.4%). This hierarchy of "violators" can mean two things - that the shortcomings of the legal system have an extremely negative impact on the consciousness of citizens. And that people project a high level of distrust in the law enforcement system onto the entire system of power, reducing its authority”2.

Moreover, this problem, to one degree or another, concerns the entire law enforcement system. Meanwhile, if we take specifically the police, then it is in the rating of trust in one of the last places among other law enforcement agencies, state and public institutions3. And among police officers, according to the results of the above-mentioned study, traffic police officers protect the rights of citizens worst of all4.

Probably in response to

2 Shabrov O. et al. For whom the law is not written. By order of the State Duma, scientists have found out the level of legal consciousness of Russians / O. Shabrov, N. Sashchenko, M. Mizulin // Rossiyskaya Gazeta. - 2006. - 4 April.

3 See: Falaleev M. The President Appealed to the Police and Demanded to Introduce Civil Control over Law Enforcement Bodies // Rossiyskaya Gazeta. - 2006. - 18 Feb.

4 See: O. Shabrov et al. Decree. op.

Section 1. Methodology, theory and history of state-legal regulation

such “law enforcement activities” of “traffic cops” can be considered an already rooted tradition among Russian drivers to warn oncoming cars by flashing their headlights about a “law enforcement ambush” of traffic police ahead.

For example, the Ministry of Internal Affairs of Russia believes that “... at present, there is a strong opinion among employees that it is permissible to break the law in the performance of official duties. Since in modern conditions of cohesion and organization of crime, it is impossible to solve a complex crime and bring the perpetrators to criminal responsibility without violating the law. This approach to assessing the situation leads to illicit practices and violence.

N.V. Tarasov cites the statistics of a face-to-face interview of convicted employees of the Russian Ministry of Internal Affairs. In his opinion, “official” crimes include the following types: abuse of office, crimes against justice, coercion to testify, criminal prosecution of an obviously innocent person, illegal release from liability, falsification of evidence. The table shows the percentage of convicted employees for various reasons.

Table 12

Motive Percentage of convicts

curry favor 43.7%

self-interest 20.3%

careerism, the desire to advance in the service 8.6%

show your superiority over other people 8.5%

under pressure or following the example of their colleagues 4.7%

take revenge on someone 4.3%

hide a previous crime 4.2%

found it difficult to answer 99%

In our opinion, without the modernization of the legislative framework, which will

1 Tarasov N.V. Reasons and conditions for committing crimes by law enforcement officers // Law and Law. - 2002. - No. 8-9. - S. 87.

2 Ibid. - S. 89.

makes corrupt or illegal actions of law enforcement officers economically unprofitable, the police, instead of ensuring public safety, will continue to take “tribute” from citizens, merchants and “shopkeepers”, i.e. those from whose taxes they receive a monetary content, form, special. equipment, weapons, etc. Instead of ensuring safety and order on the roads, traffic police officers will “cut” motorists. Operational services, fighting organized crime, drug trafficking, economic crimes, etc., will simultaneously participate in the redistribution of property.

Thus, the foundations of law can sometimes be undermined by law enforcement officers themselves.

Hence the unwillingness of citizens to cooperate with law enforcement agencies.

What needs to be done to get out of this situation? What are the means to ensure the effectiveness of the law enforcement system, which is an integral part of the legal system?

From our point of view, a comprehensive, consistent and scientifically substantiated activity of state and non-state structures in the field of law protection is necessary, those. special law enforcement policy.

As is known, depending on the functions of law, legal policy can be divided into law-regulatory and law-enforcement. If the first is intended to promote the implementation of the regulatory function of law, the creation of conditions for ensuring the normal development of social relations, then the second is to give a general algorithm to the actions of all law enforcement agencies, to mobilize them for a more effective performance of the protective function of law.

In addition, law enforcement policy links the law enforcement function of the state and civil society with the protective function of law itself, and also combines the existing

Legal science and law enforcement practice law enforcement structures into a single law enforcement system.

The protective function requires constant attention from state and non-state law enforcement agencies. For the purpose of more effective implementation of the protective function, these structures should, one way or another, participate in the formation and implementation of the relevant law enforcement policy.

If this function is not carried out, which is observed in modern Russia, then, as legal practice shows, the same thing happens with the legal system as a whole. The role of law enforcement policy is precisely to “adjust”, to fully restore the protective function of law, to make law more protected from the challenges and threats of our time.

In this regard, law enforcement policy can be defined as a scientifically based, consistent and comprehensive activity of state and non-state structures to increase the effectiveness of the protective function of law, improve law enforcement and build a full-fledged law enforcement system.

At the same time, law enforcement policy should not be identified with criminal law policy. If the first is aimed at protecting the law, creating and functioning of a full-fledged law enforcement system, countering various offenses, then the second is only at countering criminal offenses, i.e. crimes. As N.A. Lopashenko: “The priority of criminal law policy stems from the fact that only within its framework are solved such fundamental problems for each state as establishing the basis and principles of criminal liability, determining the range of criminal acts and types of punishments and other criminal law measures for them. The issues of crime and punishability of acts are at the center of criminal law policy ... Criminal law policy can be

is defined as part of the internal policy of the state or a fundamental component of the state policy of combating crime, as a direction of the state's activity in the field of protecting the existing social order from criminal encroachments, which consists in the development and formulation of ideas and fundamental provisions, forms and methods of criminal law influence on crime in order to reducing and reducing its negative impact on social processes”1.

Consequently, the goal of law enforcement policy is to increase the “immunity” of law from all kinds of offenses, the effective implementation of its protective function, and the effective work of the law enforcement system.

Law enforcement policy needs to be modernized, because its main object has changed and not for the better: offenses have become more organized, sophisticated, technically equipped.

This means that it is necessary to “add” consistency and consistency to the activities of law enforcement agencies. It is important to take measures to ensure that the new law enforcement policy contributes to the adoption of more advanced normative and law enforcement acts in the law enforcement sphere, strengthening the prevention of offenses, restoring violated rights, and ensuring legal liability for those who have committed offenses. Closer interaction of both state and non-state law enforcement structures is also required when they achieve their goals.

In addition, modern Russian law enforcement policy is designed to create equal legal conditions for subjects, including regions, which are considered independent subjects of legal life. The thing is, there is a noticeable difference.

1 Lopashenko N.A. Criminal Law Policy // Russian Legal Policy / Ed. N.I. Matuzova and A.V. Malko. - M., 2003. - S. 362-363.

Section 1. Methodology, theory and history of state-legal regulation

in the level and quality of law enforcement services for "Moscow and Muscovites" and other "mere mortals" residents of the country. In particular, Moscow, as a subject of the Russian Federation, is a kind of state within a state, in which, in fact, a very effective law enforcement network has been created at the expense of the whole country. Practically the best employees of law enforcement agencies are invited to the capital, whose legal activities are provided much better than the activities of similar persons working in the regions. Within the boundaries of the Garden Ring of Moscow, the main human rights organizations have also “entrenched themselves”, which have a place in the outback, where many people generally vaguely imagine the rights of man and citizen, as well as the provisions for their protection.

One can only welcome such specific “steps” in the field of law enforcement as a focus on creating a system of crime prevention, establishing transparency in their accounting and registration1, restoring permanent police posts on city streets2, introducing a new procedure for checking employees of private security structures (now, in order to get the right to become a security guard or a detective, and most importantly, a license for a weapon or even a rubber stick, one must not only pass the difficult exams of the police commission, but also regularly confirm their knowledge and skills)3, the introduction of civilian control over law enforcement4, etc., and etc.

1 See: Nurgaliyev R. Reach the police station. The Minister of Internal Affairs determined the priorities in the work of his department // Rossiyskaya Gazeta. - 2006. - 18 Feb.

2 See: Falaleev M. The police catches the eye. Nurgaliev issued an order providing for a new procedure for patrolling and guarding the streets // Rossiyskaya Gazeta. - 2006. - June 2.

3 See: Falaleev M. Security will take to the streets. The Ministry of Internal Affairs is developing amendments to the legislation on private security activities // Rossiyskaya Gazeta. - 2006. - 4 April.

4 See: Falaleev M. Druzhinnik on a fee. The Ministry of Internal Affairs orders to control itself // Rossiyskaya Gazeta. - 2006. - 31 Jan.

Law enforcement policy implies a high level of legality in the country. Economically justified laws form effective law enforcement mechanisms that actually protect law-abiding citizens from infringement, force persons prone to criminal socialization to refrain from committing crimes. What happens in practice today when a law-abiding citizen begins to cooperate with the police? It is not uncommon for a witness who gave truthful testimony during the investigation about the facts of criminal activity known to him, the next day, with horror, reads about it in the newspaper. After all, a “leak” in any of its forms is nothing more than a direct hint to members of the organized crime group about the need to “neutralize” an unwanted witness. It is difficult to be imbued with confidence in law enforcement officers if the head of the internal security service of one of the structures turned out to be the owner of expensive real estate abroad. Only a court can establish the guilt of each subject, but we are talking only about the attitude that society develops towards representatives of law enforcement agencies on the basis of this and similar cases. Despite a number of broadcast statements, the witness protection program is still not working. The fact that the state helps valuable witnesses to change their first and last name, place of residence and even appearance, we learn only from films and novels by foreign directors and authors.

So, in our opinion, the task of the state is to bring laws to a single standard and deprive them of corruption attractiveness. Create laws that stimulate the discipline of employees, their interest in raising their professional and cultural level, is possible only by providing them with a mechanism of financial support. To do this, it is necessary to modernize the socio-economic base of law enforcement bodies of internal affairs, which will not be a fragmentary, but a monolithic component in the new concept of Russia's law enforcement policy. This will allow

Legal science and law enforcement practice to solve professional and social problems of employees, provide their social protection with the rehabilitation of not only employees, but also their families. In Russia today there are 450 large organized criminal groups that influence the socio-economic situation and the criminal situation in the regions. Their total number reaches 12 thousand people1. Law enforcement officers who daily risk their lives in the performance of their duties have the right to a decent life, just as citizens have the right to protection.

1 See: Nurgaliyev R. The police guarantees the right to order // Parliamentary newspaper. - 2007. - 8 Feb.

their rights from criminal encroachments of criminal structures, corruption and police arbitrariness.

Human interests are the main guideline for improving the elements of the mechanism of legal regulation, raising the level of legal culture of legal entities that affect the quality of law enforcement and the process of strengthening law and order.

Thus, only by strengthening the role of law enforcement policy in the life of the country in the development of a full-fledged law enforcement system, it is possible to achieve a full-fledged reform of the Russian legal system.

Understand a certain direction of its activity. The functions of the state specify its social purpose.

There are several approaches to understanding the functions of the state, but most scientists adhere to the most developed theory, according to which the functions of the state are divided into external(to ensure the independence of the state outside) and domestic(to ensure the supremacy of power within the country and the management of common affairs).

Internal functions of the state:

  • economic - organization and regulation of economic life;
  • stabilization- maintaining stability and peace in society;
  • coordination - ensuring public harmony and unity;
  • social - social security, fair distribution of benefits;
  • cultural and educational— support of culture and spiritual values;
  • legal - rule-making, protection of the constitutional system, rights, legality;
  • ecological - nature protection, ensuring a healthy environment.

External functions of the state:

  • defending national interests at the international level- ensuring mutually beneficial international cooperation, coordinating efforts in solving global problems of mankind, ensuring the work of a number of state organizations - the UN, the Council of Europe, etc.;
  • organization of defense and protection of state security - protection of state sovereignty, the implementation of military operations against other states, etc.

Internal functions of the state

The internal functions of the state are divided into:

  • basic;
  • minor.

Main name the functions that only the state can perform.

Ensuring public order, security, rights and freedoms of citizens, including:

  • fight against crime;
  • accounting and registration of the population;
  • prevention of various disasters;
  • measures to eliminate the consequences of natural disasters.
  • Establishment and protection of general rules of social life: economic, political and other social relations (civil law, labor law, etc.).
  • Monetary and financial regulation(Special emphasis is placed on the issuance of money).
  • budgetary regulation, collection of taxes, duties; distribution of income and expenses in the budget.

Minor Functions can be subdivided into traditional (historically established) and "new" ones that emerged in the 20th century.

Traditional functions are not performed by all states. They are not the same, each state has its own historically established functions.

In Russia, traditional functions include:

  • transport and communications management;
  • education and health management;
  • protection of disabled persons and assistance to them;
  • media management.

Sometimes some traditional functions become redundant and the state refuses to perform them. In particular, this happened with the management of the media, in Russia they were privatized, and now the state nominally manages only two channels on television: the first - as a shareholder - and the 2nd (channel "Russia").

The "new" features include the following.

  • State business. The state is directly involved in production in the defense sphere and in other areas where it, on behalf of society, must exercise control over production. This function was the main one in the socialist countries, where the state was both the owner and the entrepreneur.
  • Influence on economic processes to maintain the stable development of the national economy. The state performs this function by both economic and administrative measures.
  • Social services. Under the influence of the struggle of the working people, the state is engaged in social security, that is, it pays various pensions, benefits to large families, unemployment, housing allowance for the poor, etc.

External functions of the state

External functions of the state

  • The use of the armed forces of the day to solve the foreign policy tasks of the state.
  • Realization of geopolitical and global interests of the country through diplomatic activity. Geopolitical interests are connected with neighboring states, global ones concern the situation all over the world (non-proliferation of nuclear weapons, environmental problems).
  • Stimulation of international economic activity, protection and support of the economic interests of the country abroad.
  • Protection of the economic space from adverse external influences on the economy (customs; a system of measures regulating imports and exports).

External functions are the main ones, since they are carried out only by the state.

Internal functions

In the modern period, the Russian state is characterized by the following main internal functions: economic, political, social, fiscal, environmental, law enforcement.

economic function

In the theory of state and law of the Soviet period, this function was designated as economic and organizational. Its role was great due to the complete nationalization of the economy, which, as we noted earlier, led to negative consequences for it - the economic crisis (it began to manifest itself from the second half of the 70s of the XX century), which, in turn, led to a crisis in all areas of society.

In the 1980s, this function shifted somewhat towards some expansion of the independence of enterprises, but this did not give the expected result. Since the beginning of the 1990s in Russia, the economic function of the state has changed dramatically: the state, in essence, has withdrawn from the economy, letting it into the elements of market relations. However, such an approach as the other extreme did not bring a positive effect.

As practice shows, these extreme approaches do not contribute to the effective development of the economy. Currently, there are trends in the economic function of the state in the direction of greater intervention in the economy within reasonable limits, allowing, on the one hand, to properly stimulate labor, and on the other hand, to prevent distortions leading to the closure of enterprises, unemployment, and the export of capital abroad. to the detriment of national interests, liquidation of highly developed sectors of the economy, etc.

In the conditions of demonopolization, the economic function covers the following areas of state activity:

  • real support for producers, including small businesses (subsidies, preferential taxation, defending the interests of Russian companies in the domestic and world markets, etc.);
  • preferential support for strategic, highly competitive on the world market and socially significant industries for Russia (creation of special zones, customs policy);
  • targeted investment policy (attracting domestic and foreign capital);
  • creation of an effective economic mechanism for the agricultural sector, and above all ensuring the right of private ownership of land;
  • gradual decrease in inflation rates and deceleration of price growth;
  • training and retraining of personnel; stop the brain drain process.

political function

This is the direction of the state's activity in the political sphere. It has as its strategic focus the creation of a viable democratic society and the provision of democracy in various forms. This will be discussed in more detail in other chapters of the textbook.

social function

The social function is the direction of the state's activity in the social sphere. In Art. 7 of the Constitution of the Russian Federation states that the Russian Federation is a welfare state.

Based on the meaning of this article, it follows that the content of this function consists of:

  • v providing for all citizens of the Russian Federation. At the same time, the state should pay special attention to the living standards of the socially least well-off strata of the population (pensioners, students, the disabled, etc.) by paying pensions, allowances, scholarships, creating and operating nursing homes, and providing other types of social assistance. To implement the social function, it is necessary to mitigate and overcome such costs of the current transition period as poverty, deepening inequality and rising unemployment. The state should pay attention to a more even distribution of the burden of economic hardship among different groups of the population;
  • public health by creating medical institutions, monitoring the cleanliness of the environment, the quality of food, providing the population with medicines;
  • protection of childhood, motherhood, fatherhood by creating a network of preschool institutions, orphanages, boarding schools, providing assistance to needy families, etc.;
  • minimum wage guarantee by setting the appropriate amount of such payment;
  • at all enterprises, regardless of the form of ownership, by establishing appropriate legislation and monitoring its observance;
  • assistance to the population in emergency situations(flood, earthquake, fire, armed conflict, ethnic harassment, etc.) by creating conditions for the activities of insurance institutions, providing housing, paying lump-sum benefits, etc.

An integral part of the social function is the activity of the state for development of culture, science and education(in the legal literature, this activity is referred to as a separate function).

The development of science is realized:

  • the creation of favorable conditions for the creative activity of scientific teams and for the free competition of various scientific schools;
  • by creating and supporting scientific institutes, laboratories, test sites, funding scientific research, training scientific personnel, holding conferences, etc.
  • support for the priority development of fundamental theoretical research and fundamentally new technologies.

Cultural development implemented by supporting art, literature, theater, cinema, music, painting; development of physical culture and sports; improving the work of radio, television and other mass media; preservation of historical and cultural monuments, historical complexes, protected areas, archives, museums, libraries.

Development of education is implemented by creating state educational institutions and conditions for non-state educational institutions, improving the quality of education in all educational institutions.

ecological function

The main content of the ecological function is nature protection and rational use of natural resources. To implement this function, the state must coordinate and control the activities of all enterprises, institutions, specific individuals in the field of environmental protection, regulation of environmental management, and environmental safety. The ecological function should contribute to the improvement and improvement of the quality of the environment, the conservation of natural resources.

Fiscal function (function of taxation and collection of taxes)

It should be noted that the function under consideration faces not only the task of optimal collection of taxes to the treasury, but also the task of regulating the impact on the economy.

Law enforcement function

It includes the activities of the state in three major areas:

  • protection of the rights and freedoms of citizens;
  • protection of all forms of ownership;
  • law enforcement.

Each of these inextricably linked components of the content of this triune function is currently undergoing significant changes.

So, in a state of law (namely, according to the Constitution, Russia is such), the rights and freedoms of citizens are the highest value of society. As is known, this principle was not recognized earlier.

The activities of the state to ensure law and order are also undergoing changes. At present, the authorities, primarily law enforcement agencies, are required to take tough, quick and decisive measures to prevent and suppress terrorist bandit attacks in a timely manner.

External functions

The main external functions are: the defense of the country, ensuring peace and maintaining world order, international cooperation.

Country defense function

The Armed Forces, in accordance with this function, are intended to repel aggression directed against the state, for the armed protection of the integrity and inviolability of the country's territory, as well as to perform tasks in accordance with its international treaties.

In each state, a significant share of the state budget is allocated for the maintenance of the armed forces. So far, there are no signs of spending cuts. This is largely due to the difficult political situation in the world, which is clearly seen from the events that took place in Yugoslavia in 1999, when this country was bombed by NATO forces, from the events in Iraq, where American troops invaded with allied troops, without having the appropriate international powers.

The function of ensuring peace and maintaining world order

Without the implementation of this function, humanity has no future. A new world war will lead to the death of civilization. In turn, local military conflicts can lead to a global military confrontation.

The international cooperation

This function is implemented through the development of multilateral ties with other states, the conclusion of agreements in various spheres of the life of the world community.

In the legal literature, the function of international cooperation is divided into a number of narrower functions, for example, the function of cooperation and strengthening ties with the CIS countries, the function of cooperation with other countries in solving global problems, etc.

The function of cooperation and strengthening of ties with the CIS countries arose for the Russian state with the formation of the Commonwealth of Independent States.

Carrying out the function under consideration, the Russian state stands for strengthening the Commonwealth, first of all:

  • along the lines of forming an economic union;
  • collective security systems;
  • joint border protection;
  • a comprehensive solution to the problem of observance throughout the territory of the former USSR of internationally recognized standards in the field of human rights and national minorities, citizenship and protection of migrants;
  • concern for Russians who find themselves outside the Russian Federation;
  • creation of a single information space.

It should be noted that the implementation of this function may cause new problems for Russia. The centers of conflicts near our borders, the protracted crisis of the economy, and of the very statehood in a number of CIS countries pose a serious threat to the security of our country.

An important aspect of the function of international cooperation is Russia's interaction with other countries the world community in solving global problems affecting the interests of every nation and humanity as a whole. These are the problems of space exploration and the security of the planet, the protection of the World Ocean, the protection of flora and fauna, the prevention and elimination of the consequences of major industrial accidents, disasters, the fight against epidemics and the most dangerous diseases, etc.

The following can also be distinguished as separate external functions:

  • the function of combating international terrorism;
  • ecological function.

These functions are both external and internal in their content.