Special Functions of Legal Regulation in the Implementation of the Social Function of the Modern State

Abstract

The paper is devoted to clarifying the essence and identifying the principal types of special functions of legal regulation relating to the implementation of the social function of the modern state. In this context, the functions of legal regulation are understood as the core directions and roles of legal influence upon socially significant relations that facilitate the realisation of the welfare state. It is established that such functions may be categorised into general social, special, and specific. The special functions of legal regulation are distinguished by their genuine legal nature – namely, their inherent capacity, as expressed through law, to influence the sphere of social security during the performance of the state's social function. Chief among these is the regulatory function, which consists in organising and systematising social relations arising in the course of implementing the social function of the state, primarily by establishing universally binding rules of conduct. The protective function of legal regulation in this domain entails the safeguarding – through law-making and enforcement – of the most significant social relations and values from unlawful interference or other harmful conduct which may pose a threat to national-level social security. Where this protective function proves insufficient, the law provides for a compensatory dimension: the direct provision of rights and legitimate interests of persons in the social sphere. This is achieved by establishing clear legal conditions under which individuals may assert and defend their rights and compel the fulfilment of the state's social function. The evaluative function is realised through the use of legal norms as criteria for determining the lawfulness or unlawfulness of specific instances of state activity (or omission) in the implementation of its social function. Finally, the educational function reflects the capacity of legal norms to exert a normative and moral influence on individuals’ consciousness and conduct. Through this function, the law contributes to the formation of civic awareness regarding the fairness, utility, and necessity of legal rules, as well as the societal importance of maintaining legal order in the field of state social security.