Realization of the norms of law: issues of terminological certainty and content filling

Abstract

While preparing this article the author has set the goal, based on the methodological analysis of various interpretations of the concept of "implementation of the norms of law", to suggest such an approach to understanding of this general and theoretical category, which would allow it to distinguish it from related concepts, in particular, lawful behavior. The analysis of the existing in the modern legal science approaches to understanding of the concept of "implementation of the norms of law," as well as its essential features, allowed to formulate such interim conclusions having methodological significance in terms of interpreting of this general and theoretical category: Firstly, we consider it unacceptable that the identification of the category under study with the no-tion of lawful behavior, since it should be considered as the only possible way of implementation of the provision of legal norms; secondly, the trait of procedural necessity inherent in the application as a form of the implementation of the norms of law and only in certain cases provided for by law, is characteristic for the forms of direct implementation of the provisions of legal norms, in particular, the use and execution; thirdly, it is important in terms of the generaland theoretical characteristics of the category under study of its aspects, such as the object and purpose of the implementation. Given the dialectical relationship of the methods of legal regulation, the varieties of classical law norms, as well as the forms of their implementation, we consider the object of realization not an abstract norm of law, but the requirements of the authorizing, binding and prohibiting norms of law. The purpose of the implementation of these norms is seen in achieving the goal of legal regulation - ordering, protection and development of social relations. Taking into account these theoretical provisions under the concept of the implementation of the norms of law we suggest to understand the implementation of the orders of the authorities, binding and prohibiting the norms of law in the objective will of identifying the legally capable persons (their legitimate behavior), which, as a rule, gives rise to certain rights for members of the public life legal consequences and ensures achievement.

Authors and Affiliations

Ihor Serdyuk

Keywords

Related Articles

Implementation of western legal concepts: human rights

The article focuses on the necessity of a permanent study of the state of introduction of the Western legal concepts into the national system of law, given that there are no comprehensive systemic studies of the state of...

Criminal legal dimension of the problem of presumption of innocence of law enforcement officers who perform professional duties

The criminal-legal dimension of the problem of the presumption of the rightness of law enforcement officers who carry out professional duties in Ukraine is carried out. It is proved that the very presumption of the right...

Features of the search on the criminal procedural law of Ukraine

The article deals with some procedural features of the conduct of the search, as well as the significance of this investigative (search) action during the pre-trial investigation, the essence of the professional training...

Civilian control over judicial power: approaches to the term definition

The article examines the content of civilian control over judicial power in the context of rise of civil society role in country’s life and European integration and globalization processes. Attention has been turned to t...

Advantages and lacks of association of joint owners of apartment house (AJOAH) as one of forms of management apartment houses

The association of joint owners of apartment house as one of forms of management apartment houses is characterized in the article. An association of joint owners of apartment house is the legal entity, created by the pro...

Download PDF file
  • EP ID EP460890
  • DOI 10.31733/2078-3566-2018-1-74-78
  • Views 109
  • Downloads 0

How To Cite

Ihor Serdyuk (2018). Realization of the norms of law: issues of terminological certainty and content filling. Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav, 1(1), 74-78. https://europub.co.uk/articles/-A-460890