The general goal, functions and methods of the legal regulation mechanism for the implementation of the social function of the state

Abstract

The article is devoted to clarifying the substantive content of the general purpose, functions, and methods of the mechanism of legal regulation governing the implementation of the social function of the modern state. It is established that the general purpose of this regulatory mechanism lies in the normative (regularising) legal impact upon public relations in the social sphere. This impact underpins the legal framework necessary to meet individuals’ needs in the field of social security by ensuring, protecting, and safeguarding social human rights. On this basis, the author concludes that the functions of the legal regulation mechanism related to the implementation of the state’s social function represent the principal directions and roles of legal influence on socially significant relations, oriented towards the realisation of the welfare state. These functions are categorised into three main groups: general social, special, and specific. The group of general social functions includes economic, political, communicative, cultural (ideological), and ecological functions. The special functions comprise regulatory, protective, restorative, evaluative, and educational functions. The specific functions encompass distributional, protective-security, productive, rehabilitative, and compensatory functions. The article highlights that the methods of the mechanism of legal regulation of the implementation of the social function of the state constitute a set of systematic approaches and techniques designed to ensure the realisation of the state's social function through normative influence on the behaviour of the subjects of legal relations, exercised as a result of law-making activity conducted by authorised legal actors. Within this framework, the methods of legal regulation function as instruments that encompass both imperative (mandatory) provisions and dispositive (contractual) and incentive measures. These methods are operationalised across macro-, meso-, and micro-levels, enabling the adaptation of legal influence by the state, local self-government bodies, employers, and other actors in accordance with specific socio-legal circumstances. On this basis, the paper distinguishes the principal types of legal regulation methods: imperative, dispositive, stimulating, and recommendatory. It also identifies corresponding forms of regulatory application – namely, centralised, local, and contractual regulation. The conclusions to the article summarise the author’s position regarding the interpretation of the general purpose, functions, and methods of the mechanism of legal regulation in the context of the implementation of the social function of the modern state.