Academic journal article Journal of Legal, Ethical and Regulatory Issues

State and Legal Framework for the Social State Formation and Development

Academic journal article Journal of Legal, Ethical and Regulatory Issues

State and Legal Framework for the Social State Formation and Development

Article excerpt

INTRODUCTION

The state and legal foundations' problems of the formation and development of the social state traditionally belong to one of the key in the right science of different states, including Kazakhstan. However, there is some uncertainty and controversy in approaches to understanding the essence of the problems of the social state in scientific publications. Because of the lack of a unified scientific approach to this problem, there are numerous disputes about the nature of the modern social state and the prospects for its transformation. The practical importance of the article lies in the possibility of using the results obtained to improve social legislation in law enforcement activities. The contribution to the world science is the study and substantiation of the essence of the modern social state, which should not be manifested in the provision of targeted social benefits, subsidies and various social payments, which, in any case, will not allow a person to live with dignity, but in creating the necessary conditions for the success of the state and all its members.

Recognition of the state as social is the main task of each country. It is with the goal of getting the title of "social state" that the country has to go a long way at the stage of its existence, where the institution of society works and the citizens' interests are the highest value of the state. The social state implements social regulation, which is connected with maintaining public discipline, organizing and developing public relations, minimizing social inequality and ensuring social rights and freedoms of citizens. First, let us consider the main points of view of other authors on the problems of the state and legal foundations for the formation and development of a social state (Kapitonov et al., 2017).

The article compares the state and legal foundations of a social state formation and development in the Republic of Kazakhstan. The author considers the results of this study to be justified from the theoretical and practical point of view.

METHODS

In the course of the research, the author used both general theoretical and specific scientific methods of cognition. The evolution of legislation, as well as individual problems of the state and legal foundations of the formation and development of a social state, is viewed as part of the objective process conditioned by the development and change of social relations. Studies rely on the historical method, the formal dogmatic method, the method of concrete legal research, the method of logical analysis and other methods and techniques. The author used statistical data and sociological research data, which relate to the issues of the state and legal foundations of formation and development of the social state of Kazakhstan and foreign countries. The sociological method was used in studying the problems of the state and legal foundations of the formation and development of the social state of Kazakhstan and foreign countries, since it allows us to assess the adequacy of legislation. A comparative-legal method was also used. In combination with other methods, it has allowed to solve the problems posed by the author in assessing the state and legal foundations' problems for the formation and development of the social state of Kazakhstan and foreign countries (Bondaletova, 2013).

RESULTS AND DISCUSSION

According to the theory of Lorenz von Stein, a social state must have a number of characteristics. One of them is the recognition and consolidation by the state of its duties to citizens. Another is the ability of the state to perform social functions, which is provided by power. The need for the use of power is conditioned by the fact that the fulfilment of social obligations can be associated with state coercion, for example, when it comes to redistributing income for the implementation of social programs. At the same time, the social state itself is interested in fulfilling its responsibilities. …

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