Instrumentalism of Law-making in the context of the functioning of the modern state

Abstract

The effective functioning of any modern state and its ability to fulfil its assigned tasks are contingent upon the implementation of appropriate organisational and legal mechanisms for its activities. In the 21st century, the tasks of the state, the directions of its influence on societal relations, and its primary and ancillary functions are undergoing transformation, necessitating urgent theoretical comprehension of the inherent functions of the state. The purpose of the study is to analyse the instrumental characteristics of the legislative process as a crucial aspect of state activity. To examine the instrumental characteristics of law-making in the aspect of functionalism of the modern state, separate methods of scientific search were used, namely: dialectical, functional analysis, comparison, historical and legal, formal-logical, formal-legal, and system-structural. The obtained results emphasise that the transformation of the stateʼs tasks and its impact on society are consequences of its role as a social phenomenon, primarily responsible for ensuring the integrity and stable development of society. It is established that the effectiveness of any state depends on a complex set of factors, with a correct determination of tasks, methods, and means being paramount for achieving the objectives faced at specific stages of its development. Consequently, state functions are an immanent dynamic characteristic closely linked with the activities of state authorities, especially legislative bodies. The creation of legal norms, compared to other forms of state activity, always aims to regulate specific areas of societal relations, which in turn constitute the essence of the stateʼs political, economic, informational, and other functions. It is pertinent to understand legislation law-making as a legal form of ensuring the realisation of state functions. Such a conceptual approach enables authorised subjects of state power to identify, legitimise, and influence the directions through which the state intervenes in specific spheres of societal relations, adjusting their essence and content