Headings
...

Realization of law: concept and form. Problems of the implementation of law

The right is presented in the form of objective reality, which contains provisions on possible and proper behavior, on how to act, who and what can be done. It exists in every given period. The implementation of law (the concept and its forms will be discussed below) allows you to regulate and streamline social relations. This paragraph is considered to be the starting point when considering this definition. However, they should not be limited. Next, we consider in more detail how the implementation of the law can occur. The concept and forms of this system will also be described in the article.realization of law concept and form

General information

In order for the mechanism to exercise the law to work clearly, certain conditions are necessary. One of the main ones is the implementation of prescriptions through the behavior of organizations and individuals. In this case, we mean the positive realization of the law. The concept and forms are described in various references. The term "realis" in Latin means "execution, exercise" or "material". In turn, the definition of "implement" is applied in this case in the meaning of "translate into reality" or "put into practice."

Realization of law: concept and forms of execution. General information

First of all, it should be noted that the publication of laws and other legal acts is not an end in itself for the state. When establishing certain provisions, the subsequent implementation of the rule of law is expected. In other words, when adopting a legal act, the legislator expects a concrete result - that the adopted position or established procedure will be implemented.

The implementation of the rule of law should be carried out through the willful conscious actions of people. Without the fulfillment of the requirements by organizations and people in practice, legal acts lose their social significance. In this regard, it is impossible to clearly understand the meaning of law in the life of people without taking into account the mechanism of its implementation. One or another legal act, in fact, is a text with special content. The main purpose of the norm is its implementation. This, in particular, is about practical human activities, the functioning of organizations. In the course of this activity, the practical realization of rights and freedoms is carried out.

The essence of embodiment

The realization of the rights and freedoms of citizens and organizations involves a certain behavior of all participants in existing interactions. If the content of the legal act provides for a ban, imposing obligations on the parties to refrain from certain actions and not allowing the corresponding prohibited behavior, then it is considered that the goal has been achieved, the established order has been implemented.

Normally, there may be a “commitment” to any specific behavior, “permission” - the provision of the ability to perform certain actions. The next activity of an individual or organization acts as an indicator of the implementation of a legal act. In this regard, when considering the issue of interest are not only fundamental rights and the exercise of rights, but also ways to translate the requirements into practice. So, in one situation it can be positive active actions (using an opportunity or fulfilling an obligation), and in another - inaction (abstention from taking actions). If the legal order did not affect relations in society, then it shall be considered ineffective and unfulfilled. forms of enforcement

The concept of the implementation of law: a scientific approach

This issue has always attracted legal scholars and continues to do so. This is indicated by a fairly large number of educational and scientific literature. The decisive role here, most likely, belongs to the fact that the direct implementation of law, after norms and law-making, acts as the third most important factor that has a significant impact on the regulation of legal relations.

Legislative bodies lay down in the acts general programs of activity and behavior of participants in relationships. The subjects of the implementation of the law should ensure the implementation of these requirements, concretize their implementation in real life situations and processes. It should be noted here that the implementation of programs in practice is defined identically as a whole, however, having some semantic connotations.

So, in accordance with the opinions of some authors, the realization of a law should be understood as its implementation, the actual implementation of the content of legal requirements through the actual actions of organizations and individuals.

Other experts believe that the implementation in this case should be considered as direct social behavior, in which the developed programs are embodied. In other words, implementation acts as a form of practical activity for fulfilling obligations and using opportunities.

In accordance with the third opinion, the embodiment is the embodiment of the adopted regulations. It is activated through exercise. subjective rights and execution legal obligations in the legitimate behavior of the subjects.

If you analyze the above opinions, it becomes clear that in any author’s approach, one can see indirectly or directly the activities of people, their actions, behavior. The subjects of implementation are all sane individuals, as well as collective participants (members of a judicial or advocacy board, for example) and organizations. subjects of the exercise of law

Action and enforcement

These two concepts are close enough, but they do not coincide. The definition of "action of law" acts as a generalization of all the ways the legal requirements affect human behavior, and through it, on life. In this case, we have in mind a value-orientational, informational and other influence. Along with the above elements, the implementation of constitutional rights is also embedded in the concept of “action”. The latter, in turn, acts as a practical human activity in the performance of duties and the use of opportunities. The implementation of the norms is considered the direct result of legal regulation, its concrete manifestation.

Social content

The realization of human rights is considered to be conduct consistent with legal requirements. However, actions are not always consistent with the established program. In this case, there is unlawful behavior, which, in turn, cannot be considered an exercise of rights. The positive execution of the requirements is their translation into the action of people or organizations, the achievement of a specific result of legal activity.

Implementation social rights can be considered as a direct process and as its outcome. In accordance with this approach, in the first case we are talking about translating the established requirements into public practice. There are two sides to this issue: subjective and objective. In the latter case, the embodiment is the execution of specific actions in a certain sequence. Subjective meaning is the attitude of the performer to the translated prescriptions. It is, for example, about interest, fulfillment of demands out of a sense of duty or from fear of the onset of probable adverse consequences.If we talk about the implementation of law as a result of the process, then in this case we should understand the achievement of a specific goal. In other words, during implementation there is a complete correspondence between the course of execution and the legal prescription itself. enforcement issues

Implementation methods

It should be noted that the norm acts, in fact, as a complex of interconnected components. In particular, it has a hypothesis, sanctions and disposition. This leads to two ways of implementing the requirement:

  • The application of sanctions against organizations or individuals who violate the requirements.
  • The implementation of dispositions in the legitimate activities of subjects.

Legal requirements vary in nature and category. The degree of activity of organizations and individuals in their execution is also different. In this regard, there are four forms of implementation of the law:

  • Using.
  • Execution.
  • Application.
  • Compliance

Execution

For this form of realization of law, the manifestation in active behavioral actions of an organization or an individual is characteristic. In fact, it is mediated by duty. This form is reduced to the fulfillment of obligations or obligations directly prescribed by law or arising from it. In this regard, this can be summarized as follows: execution is a form of implementation of instructions by an entity that fulfills the obligations legally assigned to it.

As noted, in this case, the active actions of organizations or individuals are assumed. In this regard, we can name such examples as: full and timely repayment of a loan, performance of work in accordance with an employment contract, registration of weapons, etc. The activity of the subjects can be provided for by both norms and agreements, individual acts that are issued in the course of law enforcement activities (for example, orders from superiors, court rulings, and others).

fundamental rights and exercise of rights

Performance Features

The following principles exist for the exercise of law by enforcement:

  • The need for active actions by participants that are related to the implementation of the established requirements.
  • The subjects may be organizations, officials, individuals.
  • Execution is predetermined by its indispensable state-will character.
  • An obligation shall be deemed fulfilled subject to timeliness of actions, fulfillment of requirements in an appropriate manner and in a fixed place.

Evasion of prescriptions, as well as their incomplete implementation, is considered an offense. This, in turn, implies legal liability.

Compliance

This is a fairly simple form of implementation. It takes place if abstention from carrying out prohibited acts is prescribed. In this regard, this form is regarded as passive, carried out by organizations or individuals independently. It does not require any involvement of the authorities. Therefore, the legal nature of this form of implementation does not manifest itself clearly.

Existing bans are fixed by the provisions of the Special Part of the Criminal Code, the Code of Administrative Violations and other documents. An example is abstinence from violations of hostel rules. In this case, the interests and rights of other residents are taken into account.

Compliance with the requirements is the passage of the carriageway to the green light, the imperfection of actions that are prohibited by the Criminal Code. In these and similar cases, there is no need to perform any special actions - it is enough to refrain from actions that violate the requirements.

Usually observance of the right is carried out imperceptibly. Most of the population generally refrains from committing many violations, not even knowing about their existence. Despite some "undemocracy," the prohibitions greatly contribute to streamlining the behavior of organizations and individuals.In this regard, the social role and purpose of this form of implementation is to prevent actions that could harm the state, person or society. exercise of constitutional rights

Using

It is directly related to the rights and freedoms of the population and organizations. They use the opportunities provided by law. This is one of the active forms of implementation. Unlike enforcement and compliance, use is the commission of permitted actions. In this case, the decision on the implementation or non-implementation is made directly by the subject himself. He may commit vigorous activity or refrain from any behavioral acts. The choice in this case will depend on the nature of the particular subjective law. An example is the possibility of individuals enshrined in the Main Law of the country. The Constitution establishes that people have the right to:

  • Association and creation of trade unions to ensure their protection.
  • Possession, disposal and use of property both independently and together with other persons.
  • Peaceful holding of meetings, rallies, pickets, marches and other manifestations without weapons, etc.

When using any law, the subject receives a fairly wide freedom. In this case, there is an alternative. So, the subject can use the right or not use (refuse to participate in the elections, not file a lawsuit, not demand a loan, etc.). Along with this, he has the opportunity to choose various options for translating his capabilities. For example, he can vote against all or for one of the candidates in accordance with his preferences in the elections, demand from the borrower part of the debt or give a delay, reduce or increase the amount claimed. In this context, we are talking about the rights to their own active actions, the use of legal opportunities that are provided by law. This may be, for example, the ability to dispose of property, providing protection and others.

Abuse

Separately, it is worth considering the probable problems of the implementation of law. When using legally binding opportunities, abuse may occur. Such a situation quite often takes place in legal reality. Abuse literally means "misuse". It is associated with infringement of interests and limitation of the capabilities of other persons, society, and the collective. For example, one of the family members of the tenant does not consent to the exchange without any good reason. By this, he infringes on the interests of other participants in the legal relationship. Abuse has a number of features. In particular, it involves:

  • No direct violation of certain prohibitions or obligations.
  • The person has a specific right.
  • Using the opportunity contrary to its public purpose.

It must be said that abuse can take extremely antisocial forms. They are in this case often qualified as a criminal offense.

realization of the rights and freedoms of citizens

Application

The forms of implementation described above - use, execution and compliance - are direct. This is due to the fact that in such situations there is an independent embodiment by organizations or individuals of instructions presupposing duties and prohibitions. In these cases, entities do not apply to government agencies for assistance. However, it is not uncommon for situations when requirements cannot be fulfilled without government intervention. Then there is such a form of implementation as the application of law.

Finally

The implementation of the legal freedoms and rights of citizens today is considered one of the pressing issues of modern society. Difficulties in the implementation of certain provisions take place in a variety of areas.In particular, the problems of the implementation of labor, land, tax, housing and other rights are relevant.

With a deeper consideration of the issue, we can conclude that the implementation of some provisions is more difficult than the implementation of others. This may be due to survivals of the past that remain in society and the state, insufficient compliance of legislative acts with the real situation in the country, mood, and social patterns. The reasons for the contradictions lie in the lack of opportunity for government agencies to take into account all the nuances in the current system, in the position that Russia takes in the international arena, in the implementation of programs to the detriment of the realization of rights.

The use and embodiment of certain features is distinguished by features that are enshrined in law. Problems in the implementation of this or that right may be caused by shortcomings in state regulation, gaps in legal justifications, the specifics of existing life circumstances and the external situation in the world.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment