ОДУМИРАЊЕ ДРЖАВЕ И ПРАВА У ОБЛАСТИ ДРУШТВЕНИХ СЛУЖБИ
DE-ETATIZATION OF THE STATE AND LAW IN THE FIELD OF SOCIAL SERVICES

Summary/Abstract: The notion of the social services is with us of a recent date. Before this notion there was a notion of'public service, which originated in the French law. As to the positive legislation, the social services acquired a narrower meaning than that of the former public service. The social services are constituted by some general social service activities which satisfy not only the meeds of an individual beneficiary, but also the general needs of the society. Therefore, in such activities the interest of the social community is more intensive, so that, in consideration, too, of the process of decaying of the state and law, these activities must be exercised through a system of social self government. The organizational forms through which the social services are exercised may be different, but, in the actual degree of social development, institutions are the most characteristic and the most frequent forms. But, regardless of the organizational form, the essential is, owing to the withering of the state and the law, in the relation between the state organs and those organizational forms, how much the affairs are transferred from the state agencies to those forms, and how much they have become autonomous and separated from the state apparatus. In the process of the transfer of powers from the state organs the most essential are the following: a) the powers' necessary for the practising of a professional activity; b) the powers concerning the management; c) the powers concerning the organization of the activity; d) the powers of a property law character; e) the powers of a financial nature; f) the powers concerning the exercice of the internal control; g) the powers concerning the regulation of the internal and labour relations, and, h) the powers concerning the promulgation of acts. Nevertheless, in the process of the transfer of affairs, decaying of the state and the law, the state is witholding some functions: the regulation and the control of some determined relations. As a matter of course, owing to the fact that the process of decaying of the state is a general process and that the social self- government has become with us a basis of the entire socio-political system, so that the state organs themselves and the law are losing their classical character. The state organs are becoming also the' organs of the social self-government and along with the law are appearing also the socio-political norms. Along with the legal and state control we have a social, political control. The great number of socio-political norms, promulgated by organs and by organizations in the province of social services, on one side, and the necessity of securing the unity of the community in the actual degre of development, on the other side, require the creation of a determined social legality and constitutionality of these norms. But, all the principles and the premises in the process of withering of the state and the law in general, as well as in the province of social services, require not only organizational forms, mechanisms and means, but also a daily practice of the men, their thought and their social consciousness. 

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