TYPES OF LEGAL INSTRUMENTS FOR ENSURING THE SOCIAL FUNCTION OF THE STATE AND THEIR FEATURES

Abstract

The article provides a thorough general theoretical analysis of the types of legal instruments for ensuring the social function of the state, in particular prohibitions, obligations and guarantees, which are considered key legal elements of the implementation of social policy in the context of modern complex social challenges, in particular taking into account martial law. It is substantiated that the above-mentioned legal instruments form the boundaries of permitted behavior and determine specific zones of state intervention in the social sphere, contributing to the stability of the social environment in the context of ensuring social legal standards. Prohibitions are characterized as a tool of preventive influence that prevents violations of social rights by establishing clear legal restrictions. Obligations are interpreted as an active form of implementing a social function, designed to ensure the effective fulfillment by the state of its social obligations to various segments of the population. The article draws attention to the need for a clear normative formulation of obligations to ensure unambiguous application of law and avoid value judgments. A separate analysis is devoted to guarantees that determine the mandatory nature of state actions to ensure social rights, in particular in crisis or non-standard situations. Guarantees are considered as a tool that accumulates obligations and prohibitions, and also ensures the unconditional implementation of the social function of the state. The specifics of each of the features of legal instruments for ensuring the social function of the state are formulated and analyzed. It is proven that legal instruments operate systematically in interaction, complementing each other depending on the scope of application.