STANDARDS OF LAW APPLICATION AS A METHOD OF ORGANIZATION OF STANDARDS OF LAW REALIZATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article is dedicated to the study of nature of standards of law application. The author analyzes different approaches that have been formed concerning conception of this idea. The author notes that some authors under the application of standards of law understand imperative organizational activities of the expert bodies and persons, the other ones – as a way of organization of legal standards application; the third – a form of realization of law, resulting in passing managerial decisions; the fourth – imperative organization of the social order itself, relations of subjects participating in social life. But the most traditional is special and juridical approach, where activities concerning application of law are regarded as imperative, organizational activities of expert public bodies concerning individual and concrete directives. The author focuses her attention to the problem of classification of forms of realization of standards of law, particularly on the provision on logical approach while separation of types (groups) of phenomena, subjects. One and the same phenomenon cannot belong to several groups according to one and the same criterion at the same time. It is the rule that is in breach while separation of forms of realization of standards of law. It is important to differentiate clearly the application of standards of law as a form of imperative individual and legal regulation from the exercise, abidance and the use as forms of self regulation by the participants of realization of legal standards of personal behavior. Subjects who are the ultimate participants of regulated by the disposition of this or that standard of law of social relations use the rights, abide and follow the duties. Active role of the participants themselves is manifested in this. The application of law is imperative, legally important activities, during which an individual and legal regulation is done and the rights and the duties of the concerned relations are instantiated. It is concluded that existing today approaches concerning the understanding of the following ideas «realization of standards of law», «forms of realization of standards of law», «application of standards of law» require certain refinement and adjustment. In particular, there should be taken into account classification criteria while separation of different forms of realization of standards of law. Hereby the application of law should be viewed as a method of organization of realization of standards of law.
Authors and Affiliations
О. В. Легка
Keywords
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