OPTION IN THE LAW ENFORCEMENT AS TYPE OF NONTYPICAL LAW ENFORCEMENT
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article is dedicated to an option in the law enforcement as a type of non typical law enforcement. The modern scientific approaches as to the definition of the option in the law enforcement, its essence and significance for law enforcement agencies have been examined. The main non typical situations arising in the law enforcement activity and giving the possibility for the authorized subjects to enforce legal norms in the case of collision of the juridical prescriptions about the defined legal norms, omissions in the legislation in vigor, actions of the international legal acts have been analyzed. It has been emphasized that while enforcing the law, the deviation from its ideal model takes place, and that's why such a situation demands from the subjects of the law enforcement activity some additional intellectual, willful, creative efforts. It is determined by the fact that the legal system functions in the conditions of dynamic social relations in consequence of which the absolute correspondence between various social relations and legal norms called to regulate these social relations is getting practically impossible. The author comes to the conclusion that an option in the law enforcement is a dynamic, creative process and the active behavior of the law-authorized subject directed to find the best decision in a case from one point of view, and from another point of view, an option in the law enforcement is understood as subjective law fixed with a corresponding normative act with the compulsory observation of all the conditions determined by the law. By this, an option in both cases provides certain choice of the legal, just and best decision in a concrete case.
Authors and Affiliations
Олександр Леонідович Жильцов
Keywords
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