Purpose of judicial law enforcement: theoretical aspects.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the consideration of general approaches to the formation of the purpose and the appointment of the judicial enforcement as the last stage of enforcement in the new conditions of legal regulation after the judicial-constitutional reform has been carried out. It was found that law enforcement activity in its purpose is aimed at ensuring the implementation of the law and predicting the implementation of the individualization of abstract legal regulations in order to regulate certain public relations. Law enforcement is an important component of the legal regulation mechanism, the functional purpose of which is to continue the process started by law-making by translating ideal behavior models enshrined in legal norms into real legal reality, where certain tasks and specific goals are achieved to streamline various relationships in society. It is substantiated that judicial law enforcement activity is an integral part of the legal process and law enforcement activity, because judicial enforcement has the obligation to ensure the realization of the right by an authorized body in accordance with a legislative and regulatory procedure. Judicial activity and justice are purposeful activities aimed at achieving certain goals and solves certain tasks, the disclosure of which is the relevance of this scientific publication. The purpose of the article seems to be an attempt at a new scientific understanding of the purpose and purpose of judicial enforcement, based on the results of the latest judicial-constitutional justice reform. It is proved that the purpose of judicial enforcement is the adoption of a law enforcement (jurisdictional) document, which resolves a specific legal conflict. It is substantiated that the purpose of judicial law enforcement is organically linked with its appointment as a special type of activity of authorized state bodies. It is concluded that the purpose of judicial enforcement is disclosed, including through a set of its functions, which differ in the functions of other bodies of state power.
Authors and Affiliations
О. С. Копитова
Keywords
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