Skochylias-Pavliv O. The Role of Legal Advantages in the Implementation of Law Enforcement Activities of the State and Prevention of Illegal Behavior

DOI: 10.33098/2078-6670.2022.13.25.125-132

Purpose. The purpose of the article is to analyze the role of legal advantages in the implementation of law enforcement activities of the state and prevention of illegal behavior. Methodology. The research methodology is represented by a set of philosophical and general scientific methods, including: terminological, logical-semantic, functional, system-structural, formal-legal, comparative-legal. Results. More flexible phenomena should be used to motivate an enterprising person in the conditions of European integration. A typical example is the legal advantage. It is established that the consolidation of advantages as a legal means of law enforcement policy of the state provides: guarantees of a differentiated approach in prosecuting various entities through the implementation of their special legal status (advantages in the form of immunity); conducting the most effective state financial and economic, social and fiscal policy, stimulating compliance with financial discipline (benefit); permit regime by creating conditions for maximum assistance, which contributes to the achievement of the results of state, official and public activities of the subjects of relations (privilege). Scientific novelty. In the course of the research it was established that theoretical and legal understanding of legal advantages (immunities, benefits, privileges) in the context of law enforcement activity of the state enriches knowledge about these phenomena, clarifies the categorical apparatus, reveals new facets of conflict, including other legal phenomena. Such research is due to practical goals and objectives. This is due to the fact that the existence and legislative consolidation of legal advantages, their practical implementation and application of law are often due to the implementation of law enforcement policy. Practical significance. The results of the research can be used in legislation and lawenforcement activities in the implementation of law enforcement activities of the state and prevention of illegal behavior.

Key words: legal advantages, law enforcement activity, preventive activity, administrative responsibility.

References

1. On amendments to the action plan for the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand: Resolution of the Cabinet of Ministers of Ukraine № 1005 (2019, November 20). Available at: https://zakon.rada.gov.ua/laws/show/1005-2019-%D0%BF#Text. (in Ukrainian)

2. On amendments to some legislative acts of Ukraine to improve the regulation of relations in the field of road safety: Law of Ukraine № 586-VI (2008, August 24). Available at: https://zakon.rada.gov.ua/laws/card/586-17. (in Ukrainian)

3. Bortnyk, N., Khomyshyn, I., Yesimov, S. (2019). Administratyvna vidpovidalnist za nevykonannya zakonnoyi vymohy posadovykh osib upovnovazhenykh pidrozdiliv Natsionalnoyi politsiyi [Administrative liability for failure to comply with the lawful requirements of officials of authorized units of the National Police]. Visnyk Natsionalnoho universytetu «Lvivska politekhnika». Yurydychni nauky,  23, pp. 59-67. (in Ukrainian).

4. Kovalіv, M. V., Yesimov, S. S., Lozynsky, Y. R. (2018). Pravove rehulyuvannya pravookhoronnoyi diyalnosti [Legal regulation of law enforcement]. Lviv: LvDUVS. (in Ukrainian).

5. Koldrus, I.V. (2016).  Shchodo ponyattya imunitetu vyshchykh posadovykh osib derzhav u mizhnarodnomu pravi [On the concept of immunity of senior officials of states in international law]. Pravo i suspilstvo, 6, pp. 201–206. (in Ukrainian).

6. Code of Ukraine on Administrative Offenses: Law of Ukraine № 8073-Х. (1984, December 7). Available at: https://zakon.rada.gov.ua/laws/show/80731-10/conv#n950.

7. Bilas, A. I. (2016). Law enforcement activities of the EU: comparative legal research: PhD diss. Lviv, 227 p. (in Ukrainian).

8. Yesimov, S.S. (2018). Shlyakhy vdoskonalennya diyalnosti Natsionalʹnoyi politsiyi shchodo zabezpechennya transportnoyi bezpeky [Ways to improve the activities of the national police to ensure transport safety]. Naukovyy visnyk Lvivskoho derzhavnoho universytetu vnutrishnikh sprav. Seriya yurydychna, 3, 158–168. (in Ukrainian).