Content Of The Concept Of Enforcement

  • N.V. Kokhan
Keywords: implementation of norms of law, law enforcement, forms of law enforcement, law enforcement activities.


That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens.

Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed.

The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law.

Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement.

Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine.

In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.