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STATE AUTHORITY AS A SOCIAL REGULATOR ROLE OF THE THEORY OF LEGAL FINALIZATION IN SOCIETY GOVERNANCE
Malysheva N.
PhD of Geography,
Associate Professor, Department of Educational Management, Institute of Continuing Education for Adult, St. Petersburg, Russia
Abstract
This article examines the global concept of social management. The work is devoted to a comprehensive study of globalization processes. The study reveals the problems of demographic growth and migration. Particular attention is paid to ways of influencing public relations. The characteristic features of the functions of law are highlighted and described. The article reveals the concept of law as a special social phenomenon. This topic has been little studied and requires further research. New material is generalized, the concept of canvization is introduced into scientific circulation. The author proposes the theory of legal finalization and the theory of the limit of socio-territorial resource intensity, the doctrine of the formation of the society of the future. The work is interdisciplinary in nature, written at the intersection of jurisprudence, sociology, economics, social geography, political science, psychology. The study analyzes the concept of morality, its capabilities in the management of the masses and in the regulation of human relations. A comparative analysis of moral norms, legal norms and their interrelation is given. This view will be of interest to specialists in the field of political technology. Considerable attention is paid to the political, economic and social aspects of social management. The article reveals the content of the theory of legal finalization and the theory of the limit of socio-territorial resource intensity. The key stages of the formation of the society of the future are considered within the framework of the proposed doctrine. The concept of modeling social-territorial objects has been determined.
Keywords: functions of law, moral norms, globalization, social management, the theory of legal finalization, canvization, migration, demographic growth, the theory of the limit of socio-territorial resource intensity, the doctrine of the formation of the society of the future.
The most powerful, enduring social regulator is power. State power, which has wide boundaries of application, in the system of public relations is considered as a special case of organizing the management of society in order to ensure the implementation of state interests (1).
State power is public political power. The organization of power by society itself is a natural process designed to ensure the regulation and protection of a certain order of interaction between a person and a citizen with each other, a person and a citizen with society.
A characteristic feature of the state is the presence of a management apparatus. The reason for the emergence of the management system, as well as the natural essence of the state, should naturally be considered the need to organize power of a social nature for the effective management of society, its affairs and rational protection from external negative impact on state sovereignty (Sovereignty (from the French souveraineté - supreme power, supremacy, domination ) - the independence of the state in external affairs and the supremacy of state power in internal affairs (2)).
International acts such as the UN Charter reinforce respect for sovereignty as a fundamental principle of modern international law and international relations.
Currently, the processes of globalization are leading to the erosion of the boundaries of sovereignty, the tendency to strengthen mutual ties between states indicates the strengthening of the role of supranational bodies, for example, the European Union. There is a partial
delegation of sovereign law, in particular, the observance of human rights, which goes beyond the exclusive jurisdiction of a sovereign state, is subject to international regulation.
The universality of the principles and norms of international law and international treaties are reflected in national Constitutions, for example, part 4 of Article 15 of the Constitution of the Russian Federation, the postulation of the foundations of natural law in terms of human and civil rights and freedoms - in Article 18 of the Constitution of the Russian Federation (3).
Civilizational changes have created society and the preconditions for the creation of law and the state at the will of society, by the power of society, for ordering society itself. The state as an instrument organizes and manages society and its relations, and law as an instrument regulates relations.
The state and law are actually social regulators of public power. Public authorities, in need of effective regulation of society, created law and the state, delegating the powers of the regulatory function of public authority to the regulatory functions of law and the state, as independent regulators with their own goals, objectives, and specifics.
Law and the state have an inextricable relationship - the law acts as a regulator of social relations and the activities of the state, the state, in turn, ensures that the implementation of the norms of law.
Law needs the power to enforce its norms, for example, in the person of the state, although it appeared
long before statehood. The state, in turn, can act as the creator of law, including positive law.
State power has the ability to regulate public relations without using legal means, operating with other social institutions, such as ideology, propaganda, patriotism, nationalism, religion and others. These mechanisms of population management through the regulatory function of state power are used when there is no need or the time has not yet come to translate their political, economic, social aspirations into a legal form. In this case, the principle of systematic work with individuals and society as a whole in the long term is valid. At the first stage, psychological methods of influence are applied, which form a conditional instinct for the normalcy of the perception of the event series in the population, the mood of the electoral society is constantly monitored, the readiness to accept the next stage of state influence on the population is carried out, while it is advisable to hold public hearings, discussions in parliaments of the regional and federal levels.
Only at the final stage is it possible to implement the regulatory function of law with the help of legal means in the regulatory framework to secure the previously planned goal. The authoritarianism of the decisions of state power, clothed in a legal form, dictates the need for execution by all members of society, regardless of their consent. With regard to the factors and conditions of the functioning of society, the state decides on the choice of the form of social regulation, based on the principles of rationality and timeliness of application.
The law has a wide range of impact on a person, influencing his will, determining the consciousness and the nature of the interaction of individuals in society. Law, as a phenomenon, is multifaceted and multidimensional, has a significant number of directions of the right impact through a variety of functions, having a complex organizational structure.
The functions of law determine the role of law in society, directions of influence in the mode of objective reality, and build relationships with the phenomena of social reality.
The social functions of law are realized in various spheres of legal influence, such as political, economic, cultural and others.
It should be taken into account that with legal regulation within the sphere of objective reality in a broad sense, there is the implementation of functions according to social, political, behavioral criteria to ensure citizens' true freedom and observance of the principle of equality and justice.
An important aspect of the implementation of the functions of law is the solution of the tasks set by the state to stabilize and strengthen the political system, which is the guarantor of ensuring the productive functioning of law. In this context of interaction between the state and law, the phenomenon of a strong relationship is clearly traced, which, of course, with further civiliza-tional development will only tend to strengthen. In other words, society gives rise to the development of law and the state, which, in turn, stimulates civil society development. Taking into account the common function of the development of law and the state, the unity
of goals and objectives is clearly traced, aimed at solving socially significant issues.
Law, in fact, being a special social phenomenon, acts as the organizer of the order of social interaction of the population, using functions common to law and the state as tools: political, economic, educational, regulatory and protective. The organization and ordering of social relations should be considered as obtaining a result when achieving a goal.
The regulatory function of law has a static and dynamic embodiment according to the method of influencing public relations.
The dynamic embodiment of the regulatory function of law has an impact on social relations. The state defines the task for the legislator to achieve the state interest, and the law, through the regulatory dynamic function, provides the process of solving the problem to achieve the goal. This function of law is an interim measure in the development and improvement of the institutional foundations of the branches of law that determine public relations of civil, financial, environmental and other nature.
The static embodiment of the regulatory function of law is reflected in the fundamental foundations of the state and society, consolidating the already achieved result in terms of political, social, economic, cultural and other foundations. Vivid examples of the impact of the statistical regulatory function of law are: the consolidation of the constitutional foundations of the political system of the state, the protection of the rights and freedoms of citizens, the principle of separation of powers, the organization of government bodies at the federal, regional and local levels.
The regulatory function of law has two bases - dynamic and static, which, complementing each other, form a whole phenomenon. In turn, the phenomenon is embodied in the formation, regulation, subsequent development and the necessary changes when influencing public relations as a dynamic functional regulator, reinforcing its fundamentalism by defining the status of the subject, legal consolidation of norms, foundations, principles in a static embodiment.
A significant role in the life of society and, as a consequence, in the management of public relations is assigned to social functions.
Social functions are an instrument of social law as a regulator of social relations. They find implementation in the formation and management of public consciousness, political and economic situation in the state. In this context, the specifics of social functions, we can talk about the impact on society of educational, political and economic functions.
An important role in the management of the migratory masses and the indigenous population is assigned to the educational function as determining, regulating and modeling the sphere of human relations, in fact influencing the spiritual sphere of people's consciousness (4).
The state uses the social purpose of functions in its own interests in the formation, regulation, ordering, consolidation in practice of the proper, planned behavior of people to ensure the implementation of ideas that are strategically beneficial to the political system.
In managing the electoral masses, the social functions of law play a significant role as a regulator of social relations, taking as a basis the educational function as a mechanism for influencing the consciousness and will of people, and legal functions as a structure of normative legal legitimation. This model allows the state management apparatus to comfortably operate with political and economic functions to solve socio-economic and political problems in order to implement the internal and external economic and political course of the country (5-10).
At the present stage of development of society, it is necessary to clearly understand that politics and economics are the priority areas of national state influence at the domestic socio-territorial level and the international arena (1). Other spheres of development of society, regulated by law, are a consequence of meeting the needs of a social society in order to maintain stability and peaceful moods. Such needs, regulated by profile functions, include: health care, education, culture, science, a favorable environment, and many others.
The functions of law represent a single system, inextricably interacting with each other. In this thesis, there is a similarity with the spheres of public life, which, in turn, also closely interact with each other, representing in the general sense a single whole and, in fact, being details in one mechanism.
When managing social masses, the necessary and inevitable symbiosis of social and legal impact should be noted. The regulatory function of law in relation to a separate sphere of social reality has a wider range of action, but at the same time, a separately taken social function of law has a more voluminous form in relation to the individual regulatory function, since it also includes a protective function.
The essence of the protective function of law is defined in its name. The protective function of law is a direction of the legal influence of social purpose, aimed at protecting generally significant foundations and relations, displacing phenomena alien to this society.
As a vivid example of the implementation of the protective function of law, aimed at maintaining the stability of foundations and relations in society, one can cite the regulation of legal relations in the field of human and civil rights to freedom of conscience and religion. Thus, Article 28 of the Constitution of the Russian Federation guarantees everyone freedom of religion, including the right to profess any religion, freely choose, have and disseminate religious and other beliefs. The procedure for the implementation, enshrined in the Constitution of the Russian Federation of human and civil rights to freedom of conscience and religion, is detailed in the Federal Law of September 26, 1997 No. 125-FZ "On freedom of conscience and religious associations". A manifestation of the protective function of law in the regulatory legal system of the Russian Federation was the adoption of the Federal Law of June 29, 2013 No. 136-FZ "On Amendments to Article 148 of the Criminal Code of the Russian Federation and certain legislative acts of the Russian Federation in order to counteract the insult of religious beliefs and feelings of citizens". Similar rules of law are contained in the
legislation of a number of countries, for example, Austria, Brazil, Germany, Israel and a number of others. However, it should be noted that these norms of law conflict with guarantees of freedom of speech.
Competent management of the structure of social regulation makes it possible to direct the masses of the people according to the plan of the creator in the right direction through the norms of morality and ethical principles, ethnic traditions, a characteristic way of life, religious belief, social foundations (4). State power acts as a management tool in the hands of a political, national leader capable of significantly influencing the life and fate of both an individual and a whole social, national stratum of the indigenous population and migrants (5-10). The combination of the possibilities of managing state power and the manipulation of the power of persuasion within the framework of traditional values is the most important and, perhaps, the most productive regulator of the social direction.
The complexity and ambiguity of the concept of morality gives a wide range of possibilities for its application in managing the population. Acting as a regulator of human relations, morality forms historical views of a certain orientation, influences the actions of people, instructs in accordance with the laid down principles and criteria for the normality of actions. She supports traditional views of a personal and social nature, unobtrusively educates and convinces society, defining and instilling the necessary opinion and assessment in the time frame of the past, present, and future. The evaluation criteria in this case are the categories of honesty and nobility, conscience and decency, dark and light, evil and good, humanity and justice. Thus, the state has the ability to shift the responsibility and control of actions onto the individual or society as a whole, assuming that society itself will regulate and punish the dissenter, the dissenter. Consequently, all actions of a person and a citizen will be evaluated by society within the framework of ethics, tradition, normality, actually exerting a psychological effect on individual and social consciousness (4).
The norms of morality allow the state to regulate social relations that are not subject to the norms of law. Areas of human relations such as love, friendship, self-sacrifice, selflessness, mercy, generosity, etc. are subject to formation and regulation.
The norms of morality differ from the norms of law by the absence of the right to demand, which means the absence of an attributive component. Manipulation of people's consciousness consolidates in practice the disinterestedness of an act for the sake of peace of mind, increasing social consciousness in relation to the least protected. The one-sidedness of kindness, mercy, complacency, patience in psychological terms should contribute to the inner elevation of a person above society.
From the point of view of the state, one can state the solution of significant social problems in society to reduce the aggressive moods of interethnic, interethnic, interfaith nature. By fostering tolerance, social equality, mutual assistance, including of a material nature, the state relieves itself of part of the financial burden by
shifting it onto the shoulders of ordinary citizens and business, bearing the costs only for propaganda work.
The reflection of the consolidation at the legislative level of the transformation of moral norms into legal norms can be seen in the regulatory and legal field of each sovereign state and international law. The foundations of the constitutional system, legal norms providing for equality before the law of representatives of all ethnic, national, racial, social groups of the population, ensuring the rights and freedoms of man and citizen are the legal implementation of moral norms.
The norms of morality and ethics operate with a person's conscience, acting as a regulator of the internal spiritual balance (4).
Legal norms presuppose the impact on the subject of law, defining his rights and obligations. Legal norms establish the limits of legal impact, the duty of the subject of influence is to fulfill the rights of claim of another person within the boundaries of the interests of the collision. At the same time, legal norms operate with a performance obligation within the limits of the statute of limitations. This kind of characteristic is alien to moral norms, and the operation of a time indicator is carried out in order to increase the force of influence on a person and society, for example, preserving the memory of a person and his deed, respect for historical facts, the achievements of the state.
Moral norms presuppose obligations in relation to each other in the absence of rights, in turn, the norms of law guarantee the right to demand regardless of the desire to use.
The norms of law and morality presuppose the regulation of various spheres of human life in society. The embodiment of feelings, intentions, desires in actions belongs to the sphere of legal regulation, while consciousness, spirituality, untreated in actions, relate exclusively to the sphere of moral regulation within the boundaries of morality.
From the point of view of the effectiveness of the state's preventive measures to prevent offenses, propaganda work by operating with moral norms will always be of primary importance, and the consolidation of the principles of morality at the legislative level will be a consistent action of public administration. Moral foundations give a negative assessment of the offense already at the stage of thoughts, legal norms only during implementation.
Morality for the implementation of the impact has practically no boundaries, affecting the inner world of a person, not subject to legal regulation, regulating the feelings, thoughts, individual actions in society (4).
From a political and economic point of view, the state's provision of governance of the popular masses has a planned, strategic nature in the long term (5-10), involving massive propaganda work using all institutional tools of interaction with social society to regulate the principles of ethics and consistently consolidate in the regulatory and legal field the nature of human and citizen behavior.
The social organization of public relations presupposes the principle of coercion by the authorized bodies of state power to ensure that the individual observes legal norms. The state assigns management and control
over the observance of moral norms in a certain part to the very components of society - the family, educational and cultural institutions, public organizations and associations.
It should be noted that the state's propaganda work to regulate the embodiment of morality and the formation of public opinion is continued in society itself, where society itself evaluates the line of behavior of its members, condemning actions that go beyond the boundaries of moral norms (4).
Globalization, as a phenomenon, presupposes the improvement and convergence of national legislations, in this regard, it seems logical that the direction of consolidating moral norms in the current law (1).
This approach is a rational solution when influencing a person and a citizen through direct control of his consciousness and behavior with the help of moral norms and norms of law.
Thus, it should be noted that the regulatory function of morality has an almost unlimited scope of implementation, regulating the boundaries of human morality, norms of behavior that determine not only his actions, but also the criteria for evaluating actions. The implementation of the regulatory function of morality presupposes direct and indirect forms of embodiment in social regulators.
The regulatory functions of law and morality are characterized by the universality of embodiment, continuity and constancy of impact on relations of a social nature.
Taking into account the fundamental grain in work with the population on the implementation of the regulatory function of natural law, the theory of legal fina-lization should be taken as a basis. The purpose of the study is the need for an integrated approach in the development of a conceptual vision of the regulatory function of law and its application as a phenomenon that has a special legal status, specificity, unique and characteristic features and the ability to influence society in real time (3).
The achievement of efficiency in the implementation of the regulatory function of law should be considered predictability, orderliness and stability of social and social relations in society in full accordance with the plan of the benefactor. Following each individual according to the instructions, with a gradual transition of consciousness from a conditioned reflex while fulfilling generally recognized written norms towards the unconscious, automatic, unconditioned reflex level of consciousness will be a manifestation of legal finaliza-tion (legal finalization is a process in which the ideological aspects of law find their real embodiment, being the basis for the development and implementation of the theory) (3).
The theory of legal finalization as a doctrine of society, law and the state systematizes ideas, scientific principles and knowledge, describes and explains certain phenomena and their totality, summarizes practical experience and logical conclusions, brings together the logical connections open in this area.
As a verification of the theory of legal finalization, one can consider the processes of globalization in general, as in particular - demographic growth, migration, the development of socio-territorial entities.
The processes of globalization in the development of the world community dictate the need for modeling, building and operating a system of social and macroe-conomic relations (3, 11).
The global problem of mankind is a sharp demographic growth, as a result of environmental pollution and depletion of natural resources. It is necessary to search for tools to get out of the current situation of dynamic population growth.
The determining mechanism for regulating this kind of relationship is the instruments of political restraint and balances within the boundaries of the necessary adjustments to international and national legislation (3).
In order to ensure sustainable economic development of a sovereign state in general and socio-territorial entities of national jurisdiction, in particular, it is necessary to provide legal support with possible adjustments to the federal regulatory framework. A prerequisite for the successful functioning of territories is to conduct research on institutional economic, legal and political components, search for tools for modeling and regulating activities in these areas within the framework of protecting national interests, the integrity of the state, preserving and improving socio-economic indicators (3).
Demographic growth as a criterion is the preamble of modeling. It is the demographic growth in a particular territory that needs complete control, and only then can we talk about the general growth of the population. Migration processes are a factor basis that determines the dynamism of the development of society according to social and economic criteria.
The study of the application of the international legal system in the context of this work arouses our interest in terms of the implementation of the regulatory function of natural law due to its universality of embodiment in positive law as the basis of the national legal system (3).
The global approach to model building is counterproductive due to its unification. In this context of the construction and operation of models, the national economy and the population of a particular state are responsible in accordance with global trends and accepted restrictions at the global and regional levels.
Law, with the help of its functions, is designed to ensure the materialization of the ideological component of a social phenomenon in accordance with the realities of the modern stage of development of society while meeting social needs (3).
Migration flows are a social phenomenon with a spatial and territorial dimension of a geopolitical scale. Migrants have a significant impact on the political, economic, ecological, information and cultural space as interdependent phenomena, taking into account the comparison of their temporality.
The fundamental function of law in social embodiment is the regulatory framework in social relations. Here we can talk about the essence of law as a regulator
of the social development of an electoral society, the uniqueness of the implementation specificity of the regulatory potential as a qualitative characteristic (3).
Countries have exclusive empirical indicators and dynamic development forecast, a unified approach to the implementation of the averaged model seems inappropriate.
An integrated approach to monitoring the implementation of the regulatory function of law makes it possible to deeply study the functional basis of law, the essence of social regulatory idealism, identify shortcomings in the effectiveness of application, determine growth points in the implementation of law and legal regulation (3).
Of particular interest to us is the analytical approach to the study of the implementation of the regulatory function of international law as a branch of public law. In international law, the regulatory function of law is an important part of natural law in the context of the symbolism of the transcendence of the approach in understanding the approach of truth and eternity of the highest justice (3).
Cross-border movements of migration flows can carry the threat of the spread of extremism, terrorism and are accompanied by risks of destabilization in political, economic and social aspects. The state as a regulator needs to model and implement a constructive mechanism for political management of migration processes and develop a specialized legal and regulatory framework.
Globalization can be considered as a vivid example of a process, the specificity of the implementation of which fully meets the regulatory function of international law as a factor basis of public law at the current stage of development of public relations (3).
In our opinion, the approach of creating models based on the exclusive resource features of territories, taking into account, first of all, national interests, and only then it is necessary to take into account world trends and global needs, seems to be correct and rational.
The new concept of the development of socio-territorial entities dictates the need to form the foundations of the theory of the limit of socio-territorial resource intensity. The timeliness of global and national management of processes in political, economic, social, environmental and other aspects compels the implementation of a model of socio-economic development of society in accordance with the theory of the limit of socio-territorial resource intensity.
The multicomponent functioning of socio-territorial entities entails the need for setting a problem, building an implementation algorithm, creating mechanisms for constructing and operating a predictor (a predictor is a predictive model that assumes verification by implementation with the possibility of adjustment; a term widely used in mathematics, ecology, technology, political science, etc.) The construction and operation of a predictor requires the definition of a list of goals and objectives for the formation of global and national policies. This list should include a development concept, legal framework, organizational tasks, regulatory mechanisms, monitoring of the social, demographic,
social, economic, ethnic, confessional, national, political situation (12).
The processes of globalization inevitably provoke socio-territorial entities of national jurisdiction to integrate into the international system on economic, social and legal institutional foundations. The development of transnational macroeconomic ties dictates the need to improve the legal international system and, accordingly, national systems in the direction of unification of views and law enforcement (13). As a result, we can talk about solving social problems of improving the well-being of the electoral masses and assessing socioeconomic indicators according to a unified international approach, which entails solving problems and implementing the goal of combating poverty on a national scale of each individual state. However, one should not forget that the improvement of the legal and political institutional systems is an interim measure for the functioning of the economic institutional system (3).
Ensuring the country's sovereign national security presupposes the purposeful activity of the state, its institutions and civil society. The state exercising political control, acts as a regulator of the implementation of migration policy, taking into account the quantitative indicators of its aspects, levels and subjects.
Natural law as a part of any national legal system has a significant role in the process of implementing the idea of globalization. Natural law has adept characteristics of the generally recognized principles of justice and legal equality in the highest sense for the electoral population of the overwhelming majority of states. The moral and ethical foundations of the formation of natural law are value characteristics for, therefore, they preach the generally recognized principles of equal application and are at the foundation of regulatory relations of a public nature, primarily positive law (3).
When constructing a model, the fundamental principle should be the goals and objectives of the object's functioning, taking into account the initial capabilities and the limits of their capacity.
Management of migration processes has political, economic, social aspects and implies targeted interaction of the states participating in the process, civil society institutions (international and national organizations and associations), indigenous populations and migrants, aimed at creating a comfortable environment for joint territorial residence of people with different civil status, in order to implement sustainable socio-economic development of society and the state, taking into account the provision and protection of human and civil rights.
The basis for the implementation of migration policy is a balanced economic component of the development of regions and social guarantees of the state, political stability in the geopolitical arena and within regional groups, the territorial integrity of the state, sustainable development of some territories without infringing on the capabilities of neighbors, targeted elimination of problems within regions, municipalities as smaller units of territory and a reduction in the number of subsidized regions as a whole. These foundations for the implementation of regional policy in their totality
form a paradigm with generally accepted and scientific features. In turn, we can note the presence of clear ideological signs of the implementation process itself, which makes it possible to assert that the ideological component has been given the status of a canvas, in other words, the presence of a process of canvising an idea (canvising is the process of giving an idea the status of a canva; canva - essence, basis, concept; the concept of canva was used in his works by the Russian writer Saltykov-Shchedrin) (12).
Uneven development of territories, different quantitative indicators of population and qualitative socioeconomic levels suggest an individual approach to building a model for the development of socio-territorial entities.
Natural law acts as a social regulator through its regulatory function; it should be noted that it has a wider implementation sphere than the regulatory function of positive law (3).
A comparative analysis of the management of admission of migrants of the leading countries (Germany, France, USA, Canada) made it possible to identify the overall effectiveness in achieving the goal, based on the effectiveness of the distribution of powers of the management of migration situations, the availability of infrastructure for adaptation and integration of migrants, the intensity of interaction of specialized actors.
The regulatory function of natural law has two implementation forms. Human behavior according to generally accepted moral norms, recognized by the overwhelming majority as an action within the framework of the standard, is an objective realization of natural law. The indirect regulation of public natural-legal relations of people is realized within the framework of positive law. This causal relationship between natural and positive law leads to the legitimation of moral and ethical norms and an increase in the importance of positive law (3).
The mechanism for managing migration processes should have signs of relevance in accordance with the socio-economic and political situation in the country, the timeliness of changes in the regulatory framework, targeted federal programs, the functioning of specialized departments, the effectiveness of interaction of civil society with public authorities at the international and national levels in within the framework of solving specialized issues.
In the context of globalization processes, the regulatory potential of natural law tends to increase. The need for rapprochement and harmonization of the legal systems of different countries leads to the unification of the foundations of legal equality, the generally recognized principles of justice and moral norms. A characteristic feature is the principle of reciprocity, in a number of cases in the complete absence of legal confirmation in international normative acts, but it is widely used in relations at the international level. An example is the most favored nation regimes based on national, ethnic, religious principles (3).
When constructing a model for the development of a territorial entity, we are interested in the principle of a favorable capacity of a separate territory, taking
into account its geographical location, climatic features, natural resource intensity, degree of development, geopolitical and national situation, social specifics and economic activity (1).
The population as a resource for the functioning of a socio-territorial entity should be assessed from the position of an optimal quantitative indicator - based on the economic feasibility of developing education, but without causing an excessive socio-economic burden on the territory.
Thinking from a scientific point of view about the inevitability of the implementation of economic glob-alism (14), one should not forget about the still unresolved fundamental contradictions in the understanding of the rule of law in the United States, most European countries (15) and the Russian Federation. The Russian legal system is characterized by the steadfastness of the rule of law, established by the state, over the law, regardless of the very naturalness of the natural essence of things. The Western legal system is structured in such a way that the law as such authoritarian presses over the laws to the full extent of the actions of the national regulatory and legal system. In this context, it makes sense to talk about the non-identity of the totality of existing laws in the Western legal model in relation to existing law, the law has the ability to act as a proofreader of existing laws. The constitutional order in the Western model of law is considered as something whole (single), namely, the tasks of justice include the obligation to search for this right and display it in decisions (3).
The interaction of civil society and the state should have a rational basis, implying the careful exploitation of the territory's resources, social stability and the preservation of a comfortable living environment for future generations.
Conducting an aspect analysis of the regulatory function of natural law, its value should be defined as the fundamental principle of natural law, embodied in positive law, as well as a regulator of social universal human relations within the boundaries of morality and ethics (3).
Socio-territorial formation in this context should be of a conceptually new type with full management of migration processes in order to control demographic growth.
Scientific interest is aroused by strategic planning for the development of territories by building a whole cluster of socio-territorial entities with a special legal status, by designing, legal legitimation and operating models according to the demographic principle of rationality (1).
The work of the legislator should be built within the boundaries of a reasonable symbiosis of natural and positive law, reflected in the positive law of the principles of humanity and justice. In this case, the economic and legal processes of globalism, in fact, will be reasonable, logical and timely (3).
The demographic principle of operation presupposes reasonable management of the object in order to regulate the socio-economic and anthropogenic load on the territory (16, 17) to prevent the root causes of the systemic crisis of the object, an integral part of solving
these problems is to conduct an analytical study of possible changes, predict the response of systems, implement regulatory activities.
Summarizing the above, we can say about the significance of the influence of natural law on the processes of globalization, the universality of the provisions of natural law when they are implemented in the law of both international and national various countries (3).
With general digitalization and the possibility of remote work, it makes sense to talk about optimizing migration processes to solve the problem of reducing the load on the infrastructure of a social-territorial facility.
The problematic aspect continues to be the implementation of the regulatory function of law in constitutional law, in connection with the contradictions of regulatory legal acts, and sometimes ignoring the provisions of the Constitution of the Russian Federation, when considering and adopting norms regulating public relations by legislators. It should be noted that the competence of the competent authorities of the subject status of the Russian Federation for the rights of conduct assigned to them is not fully applied (3).
Building a model of a social-territorial object with a special legal status and its implementation in practice requires an integrated conceptual approach, including the use of a mathematical methodological approach, legal legitimation of the object, and, most importantly, work with the electoral masses to introduce the ideological component, ethical normality of this lifestyle, social idealization, targeting for the benefit of the further development of mankind in accordance with the ecological well-being of the planet as a whole (12).
Strengthening cooperation between international and national organizations, the creation of a single migration space with the member states of the Eurasian Economic Union should be attributed to the trends in the political management of migration processes.
An effective strategy for managing migration processes will create a rational living environment for migrants and the indigenous population, which is a modeled and regulated integration space based on the interaction of the state and civil society in order to form and expand areas of interaction.
As a result of analytical reflections on the formation of public consciousness, we come to the conclusion about the vital necessity dictated by the progressive processes of globalization, the subsequent development of the theory of legal finalization. The concept of the theory is the consolidation at the legislative level of the principles of morality, ethics, tradition and normality of social behavior of individuals in society. The theory presupposes an initial impact on the consciousness of the electoral masses, the consolidation of reference models of action at the unconscious level and the legitimization of this social and social model in the legal field (3).
Considering the theory of legal finalization and the limit of socio-territorial resource intensity in their totality, it is fashionable to talk about the emergence of the doctrine of the formation of the society of the future.
The regulatory function of law should be considered as a kind of phenomenon, designed to be a regulator of social relations in society, with the power of influence, regulation, modeling and stabilization of relations, with the ability to communicate with other phenomena of the social life of society. The regulatory function of law sets the vector of development of the functions of law as the flagship of the regulation of the social and social life of society (3).
Summing up the research, the following conclusions can be drawn:
1. Law is a multifaceted, multi-aspect and multi-component phenomenon, has a complex internal structure and, as a consequence, a variety of functions. The classification of the functions of law presupposes the definition of a criterion at the core: the concept of a function is subjective, going beyond the boundaries of the concept of a function indicates the objective nature of a function.
2. The functions of law in legitimation in a broad sense are divided into legal functions (regulatory and protective) and social functions (political, economic, social, etc.). The classification of the educational function is determined by the object of influence; it can be realized both in legal and social embodiment. The object of the influence of legal and social functions is social relations, the objects of the influence of the educational function are the will and consciousness of people.
3. The main instrument of influence in the system of functions of law as a phenomenon is the regulatory function as a regulator of the social life of society.
4. Social functions of law are classified depending on the scope of legal impact, their quantitative indicator is significant and difficult to determine, due to their multiplicity.
5. The regulatory function of morality affects the inner, spiritual world of the individual and his communication within the boundaries of society, has a comprehensive implementation, significantly exceeding the possibility of realizing the regulatory function of law.
6. The regulatory function of state power has a direct impact on the life of people within the framework of society and indirectly finds its implementation with the help of legal instruments.
7. Verification of the theory of legal finalization revealed the relevance of developing a concept for the development of socio-territorial entities and laid the foundations for the theory of the limit of socio-territorial resource intensity. The timeliness of studying the problems of demographic growth and migration processes determined the need for global and national management of processes in terms of political, economic, social, environmental and other components, including the collection of empirical data, the construction of a predictor, legal legitimation, the introduction of an ideological component and the implementation of a new model of socio-economic development of society. in accordance with the theory of the limit of socio-territorial resource intensity.
8. The foundations of the theory of the limit of socio-territorial resource intensity, the concept of subsequent development, the principles of the ideological essence, legitimation in the legal field have been determined.
9. The totality of theories of legal finalization and the limit of socio-territorial resource intensity forms the doctrine of the formation of the society of the future.
10. Theoretical analysis of public administration of society allowed us to identify the prerequisites, mul-tidimensionality and multilevel nature of this phenomenon, to define goals and objectives, to generalize experience, ways and mechanisms of implementation.
11. The specificity of the necessary political management of public relations at the international, national, areal levels has been determined.
12. Revealed the role of propaganda work as a technology of political management in the formation of an intellectual environment in order to create an ideological social paradigm of the model of the world.
13. A multi-level structure of the model of managing processes in society has been determined, which allows systematic monitoring of political, economic, and social indicators.
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