Issue № 10(22)
DOI: 10.33098/2078-6670.10.22.32-38 Ivanychuk R.A. IMPLEMENTATION OF THE FUNCTIONS OF LAW IN THE PROCESS OF ITS IMPLEMENTATION
Ivanychuk R.A. IMPLEMENTATION OF THE FUNCTIONS OF LAW IN THE PROCESS OF ITS IMPLEMENTATION
Goal.This article examines the main forms of implementation of the functions of law in the context of law enforcement. Method. The methodology includes a set of analysis and generalization of scientific and theoretical material. In order to obtain the most reliable scientific results, the study used general scientific, conceptual and philosophical approaches, including the following methods: hermeneutic-legal, comparative-legal and structural-functional. Results. The study recognized that the implementation of law is a mechanism for implementing legal norms that meet the requirements of the purpose of legal regulation as the formation of individuals with a high level of orthodox behavior, streamlining public relations and strengthening the requirements of law and order. The implementation of the law is carried out in the following forms: compliance – is the implementation of the requirements of prohibitive legal norms, compliance – binding rules of law and the use – authorizing rules of law. As for the subjective behavior of participants in the implementation of legal norms, it can be manifested both in active form (implementation, use) and in passive abstinence from it (compliance). The implementation of the functions of law are a means of influencing the law on the behavior of participants in public relations, which are manifested in the following forms: information; orientation and legal regulation. Scientific novelty. The study identified and substantiated the main forms of implementation of the functions of law and its implementation, in particular by conducting a comparative analysis of these categories in theoretical and practical aspects, it is determined that their implementation is based on an effective mechanism for implementing the will of the legislator and the state. society and the concept of the rule of law in Ukraine. Practical significance. The results obtained during the study can be used in law enforcement and research.
Key words: realization, norm of law, realization of law, realization of functions of law, forms of realization of functions of law.
References
1. Abramov, A.I. (2006). Ponyatie realizatsii funktsiy prava: Sootnoshenie ponyatiy «realizatsiya prava» i «realizatsiya funktsiy prava» [The concept of implementation of the functions of law: The ratio of the concepts of “implementation of law” and “implementation of the functions of law”]. Jurisprudence, 3, 179–189. (in Russian)
2. Konstantinova, A.V. (2014). Forms of realization of functions of the right: PhD thesis abstract. Chelyabinsk. (in Russian)
3. Malikov, M. K. (1998). Gnoseologicheskie osnovyi realizatsii prava [Epistemological bases of realization of the right]. Ufa: Uch. Manual. Bashkir University Press. (in Russian)
4. Ozhegov, S.I. (1990). Slovar russkogo yazyika [Dictionary of the Russian language] / ed. N. Yu. Shvedova. M.
5. Rabinovich, P. M. (2001). Osnovy zahalnoi teorii prava ta derzhavy [Fundamentals of the general theory of law and the state]. K .: Attica. (in Ukrainian)
6. Radko, T. N. (1974). Metodologicheskie voprosyi poznaniya funktsiy prava [Methodological issues of knowledge of the functions of law]. Volgograd. (in Russian)
7. Radko, T.N. Tolstik, V.A. (1995). Funktsii prava [Functions of law]. N. Novgorod. (in Russian)
8. Skakun,O.F. (2000). Teoriya gosudarstva i prava [The theory of state and law]. H.: Konsum. (in Russian)
9. Soviet encyclopedic dictionary. M.: Soviet encyclopedia, 1979. (in Russian)
10. Denisova, A.I. (Ed.). (1980). Teoriya gosudarstva i prava [Theory of State and Law]. Moscow: Publishing House. University. (in Russian)
11. Tsippelius, R. (2004). Yurydychna metodolohiia [Legal methodology] / Roman Kornuta (translation, adaptation, application of the law of Ukraine and a list of terms). К .: Referat. (in Russian)