Pluralism of approaches towards determination of quantitative aspect of stages of law enforcement process
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
Processing this article the author put an aim to ground a theoretical model determining the scheme of actions of the authorized party of administrative relations directed at attaining interim aims and as a result the final aim of law enforcement process. The issue of staging of the process of legal norms enforcement was viewed by the author within the traditional for the theory of law approach, from the point of view of general and logical description. Scientists’ views analysis towards the quantitative aspect of interim aims of the process of en-forcement of legal norms gives the grounds for conclusion that their different stroke is recognition as independent and significant of the following stages: 1) clarification of sense of a legal norm; 2) legal norms interpretation; 3) designing of the approved decision in law enforcement act; 4) proving the contents of decision for the record of the addressee of law enforcement, interested persons and organizations; 5) securing fulfillment of the approved law enforcement act. The author gives arguments and counterarguments towards recognition as independent and signif-icant of the mentioned stages of law enforcement process. Considering these arguments the theoretical model determining the scheme of acts of the authorized party of administrative legal relations directed at achievement of interim aim and as a result the final aim of law enforcement process should include the following stages: 1) ascertainment of the factual circumstances of a case; 2) ascertainment of a legal base of a case (legal qualification); 3) official casual interpretation of a legal norm being subjected to application; 4) case disposal as a matter of fact by way of resolving of an appropriate decision (law enforcement act) and its documental design if such a form is a claim of the acting legislation; 5) securing of the approved decision accomplishment.
Authors and Affiliations
Ihor Serdyuk
Keywords
Related Articles
- EP ID EP561153
- DOI 10.31733/2078-3566-2018-3-25-29
- Views 151
- Downloads 0
Main means of stimulating positive human behavior: general theoretical aspect
The article deals with the main means of stimulating positive human behavior. It is noted that positive behavior is stimulated by the state through legal means. The problem of legal means by which the objectives of legal...
Forms of interaction of local bodies of executive authority and local government bodies on socio-economic development of the region
The article deals with the analysis of the processes of interaction of local public authorities regarding the management relations of the region, which is directed to the socio-economic sphere. The legal mechanism of suc...
Constitutional regulation of the impeachment of the president in Ukraine and in some foreign countries
In preparing this article the has author set out to clarify the common features and differences in the constitutional regulation of the impeachment of the President in Ukraine and certain foreign countries. On the basis...
The system of ensuring national security of Ukraine: components and character of their realization in modern conditions
A thorough analysis of the state of national security in Ukraine, its system, main tasks and structural elements was carried out. The state of ensuring national security of Ukraine in the context of current events in the...
Defining components of the doctrine of the minimum level of cruelty as a criterion for distinguishing between torture and inhuman or degrading treatment or punishment
. The article deals with types of treatment/punishment prohibited by the article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights’ practice is analy...