ABOUT THE NECESSITY OF CONTROL OF CONTENT LIST OF LEGAL PROVISIONS, AS A PRELIMINARY REVIEW OF PROPERTY OF ADMINISTRATIVE AND LEGAL NORMS
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 41, Issue 3
Abstract
The article, based on a generalized analysis of scientific and journalistic sources, emphasizes the need to rethink the content of the signs of the legal norm, which in turn is a prerequisite for reviewing the properties of administrative and legal norms. It is noted that modern processes in the state, the transformation of social institutions and elements of the political system have made it necessary to review not only the essence of law, but also its fundamental category as the rule of law. The author, in particular, raises the question of revising the content of such a feature of the rule of law as mandatory (however, the author does not encourage the idea that in the event of a failure to comply with the rule of law, it loses such a permanent sign as binding, but merely notes that the binding norm from the addressees and carriers of the norm, and the state can only guarantee and create conditions for its implementation). The erroneousness of the thesis that the main feature of the law is ensuring the implementation of its norms by meas- ures of state coercion is separately noted. The author, with references to the works of some scientists, suggests that the rule of law is provided by all measures of state influence (including coercion), but first of all the state creates real conditions for the voluntary exercise by subjects of patterns of behavior formulated in the rule of law, and The use of persuasion, coercion (for example, sanctions) to the desired behavior is an extreme form of exposure.
Authors and Affiliations
А. Ю. Кондратьєв
Keywords
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