Forms of implementation of law: theoretical and practical aspects

Forms of implementation of law: theoretical and practical aspects

On the Forms of Law Enforcement: Theoretical and Practical Aspects

Introduction

The issue of law enforcement is a key category in jurisprudence, reflecting the transition from abstract legal norms to the concrete reality of social relations. Law enforcement is the activity of legal entities aimed at bringing their actions into compliance with the provisions of current legislation. This issue is of particular interest to legal practitioners and researchers due to its importance for the effective functioning of the legal system.

Concept of Law Enforcement

Law enforcement is generally understood to mean the actual translation of legal provisions into the everyday practice of social relations. This process is carried out in various ways and forms, ensuring the achievement of the goals set by the legislator in regulatory legal acts.

According to generally accepted concepts, three types of law enforcement are distinguished:

Compliance with the law is the passive behavior of legal entities, expressed in the refraining from illegal acts stipulated by the prohibition.

Execution of the law is active behavior associated with the fulfillment of obligations established by law.

The exercise of law is a purposeful action to exercise the legal powers and rights vested in a subject.

A fourth form—the application of law—occupies a special place. It is carried out by competent government bodies and officials. It consists of the official establishment of facts of legal significance, the adoption of decisions, and the issuance of rulings.

Main Forms of Law Exercise

Let's examine each form of law exercise in more detail:

1. Compliance with Law

Compliance with law is manifested in refraining from actions prohibited by law. This type of exercise is typical for absolute prohibitions ("you cannot break the law"). Examples: the obligation to comply with the Constitution of the Russian Federation, traffic regulations, and administrative restrictions.

2. Execution of Law

This is the active aspect of law exercise, which includes the mandatory fulfillment by subjects of their assigned duties. For example, paying taxes, registering real estate, and filing reports. The most important feature of execution is the presence of clear timeframes and procedural requirements.

3. Exercise of Law

This type is realized through the active exercise of one's own powers and rights as provided by law. This includes a citizen's actions regarding the disposal of property, the protection of honor and dignity, and participation in elections. A distinctive feature of this type of exercise is the subject's choice regarding the exercise of the right.

4. Application of Law

The process of applying the law encompasses the official procedure of establishing facts, making decisions by competent authorities, and monitoring the implementation of the adopted act. Judges, law enforcement agencies, notaries, and administrative representatives carry out this type of enforcement. The main goal of enforcement is to ensure uniformity and objectivity in resolving conflicts and determining guilt.