LAW ENFORCEMENT EQUIPMENT: GENERALLY-THEORETICAL CHARACTERISTIC

Autor: Vitaliy Kosovych
Rok vydání: 2017
Předmět:
Zdroj: Visnyk of the Lviv University. Series Law. :3-10
ISSN: 2078-4503
0136-8168
Popis: The article is devoted to the study of new question in the legal theory – enforcement technology. Enforcement technology covers two components of law enforcement: enforcement process and its result – enforcement actions. It is focused on identifying the basic components of enforcement technology concerning acts of law application. It was found that law enforcement includes the system of requirements, rules and tools, needed to create individually-legal acts. The requirements are delineated on general (value, rule of law, justice, reasonableness, appropriateness) and logical (compliance (consistency), the sequence of the text statement, coherence, and identity). To our opinion, the main emphasis should be on social direction of the acts of law application, which lies in their value for providing the rights of specific personalized entities in specific relationships and common and logical requirements should assist the specializations of such acts. It is also found that among the means of enforcement technology we should focus on those relating to the content of individually-legal act (legal structures, legal definition, legal presumptions, fictions and axioms) and its form (legal language, rules structuring, essential rules). Content tools facilitate meaningful fullness and completeness of law acts (they also provide its social orientation). Formal instead serve as an important prerequisite for the proper legal registration of the legal document. A brief description of each of signed tools is offered and the main areas of their studies exactly in the prism of properties of individually-legal acts are circumscribed. It is noted that the implementation of signed requirements and means of enforcement acts should be done according to the system of individualized for these rules. For example, today rules of structuring of enforcement decisions recognized by scholars and practitioners gained axiomatically character. Comparative analysis illustrates that lists of components of law enforcement equipment, at least formally obtained, largely correspond to elements of law-making technology. Analysing the practice of legal regulation, we can find many examples of foreign identity between them, for example, among the decrees of the President of Ukraine normative and non-normative (individually-legal) character, that obviously convince about systematical legal regulation of social relations in the modern state. The list of requirements to individually-legal acts, tools and rules of their use during the process of the creation of such acts, should be established in legislation about the normative-legal acts, today just in the sixth section «Implementation of the normative-legal acts» the draft of the Law of Ukraine «About the normative-legal acts».
Databáze: OpenAIRE
Externí odkaz: