The Concept and Basic Features of Acts of Law Enforcement
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
The article investigates the concept and main features act of law enforcement, causing occurrence, change or termination of relationships, their individually defined legal consequences associated with the actual conversion of certain areas of public life, satisfaction of personal, public and state needs and interests. Established that the domestic theory act of law enforcement is seen in several ways: as a legal way (means) state regulation of social relations; as one of the legal forms of state functions; as an important means of implementing the law; as a solution to a specific individual case. Determined that the act of law enforcement is a special kind of individual acts.The common features of individual acts, which include: non-normative character; focus on the resolution of specific situations that require legal decision and personally addressing certain subjects; willed character; organic amendments of regulations; they are expressing legal requirements. An author’s definition of this phenomenon. Individual legal act – a non-normative act has willed character and contains individual legal provisions aimed at regulating specific situations and subjects addressed individually defined. Studied specific features of act of law enforcement that determine their place in the individual regulations. These include: the result enforcement of law; special subject; imperious character; compliance with law; some form; a special place in the mechanism of regulation; creative. Synthesized author’s definition of act of law enforcement. Act of law enforcement – a decision in due course on the basis of law creative, state-government formally enforceable individual decision of the authorized entity, aimed at resolving the situation.
Authors and Affiliations
О. В. Буц
Object of crime as normative concept
The article contains an analysis of contemporary problems concerning identification of such an element of crime as target of crime. The author explains why this concept is purely regulatory. For the purpose of improving...
Interoperability of the State Border Service of Ukraine with сommunity formations for the protection of the public order and the state border
The article defines the role of civil society institutions in the protection of public order and the state border both at the normative and at the organizational level. The analysis of legal acts relating directly to the...
Peculiarities of appeal by public prosecutor of the court of first appearance verdict delivered as a result of consideration of proceedings under simplified procedure
This paper presents urgent problems of appeal by Public Prosecutor of the Court of first appearance verdict delivered as a result of consideration of criminal case under simplified procedure. The author found out, that c...
Prosecutor’s self-management as a principle of the organization of Office of Public Prosecutor
The article is devoted to the expediency of singling out such an independent principle of organization of the prosecutor’s office as a principle of prosecutorial self-government. According to this principle, prosecutors...
On some criteria for evaluating the effectiveness of the prosecution as the subject of crime prevention
The article revealed the essence and meaning of the term “efficiency in the context of preventive prosecution, by some criteria for evaluation of the work of state bodies in the fight against crime and problems of their...