The procedure for the introduction of enforcement acts is the most important function of the competent state authorities. Legal precepts having a specifically individual character are made. This is a very complex legal process, which will be discussed in detail in this article.
Application of law: what is this process?
In legal science, the application of law is the special activity of competent authorities for the implementation of legal norms. This activity is carried out by issuing separate state regulations.
Not all power structures are endowed with the possibility of law enforcement. A citizen does not apply legal norms, except for cases of self-defense. So who is involved in law enforcement? The law refers to law enforcement. These are the internal affairs bodies, the police, the bailiffs, the FSKN and the FSIN, customs, etc. The main forms of enforcement are legal violence and coercion. These forms are implemented directly. Their main purpose is to prevent an offense or crime.
A striking example of the application of law is the activity of the courts. It is these bodies that make decisions in civil matters, exercising their authority.
Enforcement Act
A special role in the system of application of legal norms is played by a law enforcement document. This is a special document of an official legal nature. The act contains an individual imperative order of the competent authority, issued on the basis of a legal case.
Law enforcement acts are designed to ensure the operation of the law, that is, to implement it. Such documents are the most important elements of the legal state system. It is also worth adding that the enforcement act determines the absence or presence of legal duties or subjective rights. The document allows you to detect a measure of the impact of the powers and functions of a person.
Signs of Enforcement
The first sign of a law enforcement act or legal act is the imperious nature provided by coercive state power. All the requirements laid down in the document must have a binding value for all. A simple example is a court order. Previously seized property is returned to the person. For violation of this rule, the relevant person will be held liable.
The second sign is the individuality of the enforcement act. Unlike collections of laws, acts of application of norms are aimed at specific individuals and at specific cases.
The third and probably most obvious sign is the rule of law. The ruling shall not contradict established legal norms. It is also worth highlighting the fourth sign, which states the need to issue enforcement acts in the form prescribed by law with the exact name.
The structure of the enforcement act
How should an act of application of law be drawn up? Courts, prosecutors, bailiffs and other law enforcement agencies should issue documents that would contain the following elements:
- Introduction It indicates the name of the act and the body that issued it, place, time, addressee and other general provisions.
- Description. It sets out the facts of the case, which are the subject of consideration. It is recorded when, by whom and how certain actions were performed.
- Motivational provisions.It provides the rationale for the decision, analyzes the evidence confirming the absence or presence of revealed facts.
- The effective part. This is the content of the decision.
Thus, the documents of the application of law should consist of four specific parts. Acts drawn up in other forms will not be recognized as law enforcement.
Varieties of acts
Specialists in the field of jurisprudence have developed a huge number of classifications by which it is possible to determine the varieties of law enforcement acts. Moreover, most of these acts are classic documents in which there is a text, a clearly established structure, legal terminology and legal constructions. Typed act forms can also be distinguished. They streamline legal work, introduce some certainty and rigor. The types and examples of law enforcement acts depend entirely on the exact area in which such papers were drawn up. For example, civil, criminal, administrative, etc.
It is worth noting that regulatory legal and enforcement acts are completely different groups of documents. A group of regulatory acts may include, for example, decrees. They must be distinguished from acts of enforcement. The main difference between enforcement documents is their focus on specific individuals. Simple normative documents are always of a general nature, as they are addressed to groups of people, public associations, or even the entire population.
The first group of classifications
Specialists in the field of jurisprudence have developed a considerable number of classifications that reflect the main types of law enforcement acts. The first and most common classification describes acts by area of influence. So, documents can exist in time in the form of acts of a single (fines) and long-term (admission to the university) exposure. There are also acts in space. They are determined depending on where exactly the act considered by the officials was committed. Such acts can work both in a circle of persons, and apply to individual individuals.
The second classification is related to which entities form the acts of law enforcement. These can be control and oversight bodies, as well as executive or legislative instances.
The third classification defines the types of acts depending on their name. These may be presidential decrees, protocols, resolutions, representations, orders, decrees, etc.
The second group of classifications
Acts of application of law are also divided into varieties, depending on industry affiliation. Here it is worth highlighting criminal law (court sentence), civilian sphere (decree on the seizure of property), and other legal sectors.
The following classification is related to the functional features of regulatory and enforcement acts. Documents are regulatory, law enforcement and law enforcement.
Collegial and one-person documents are divided according to the classification associated with the methods of adoption of acts. A collective document on the application of law is, for example, a resolution of the lower house of Parliament on the formation of a conciliation commission. The most common type of one-man document is the director’s order to accept a new employee at the workplace.
By the way of expression, documents are divided into acts in the form of symbols, actions and simple documents. By the nature of the content, documents are eligible (encouraging), binding and prohibitive.
The third group of classifications
The very concept of an enforcement act involves the regulation of public relations. Moreover, the content of such relations may have a different nature. So, acts can perform the functions of legal regulation of the following kind:
- security - published in connection with the commission of an offense;
- regulatory - establish the duties and rights of citizens.
All acts have special legal significance. In this case, the documents are divided into auxiliary and basic. The main acts refer to documents containing a decree. As a rule, this sentence is a relevant court decision. Supporting documents contain instructions that prepare the publication of the main acts.
The latter classification is related to the legal consequences of the application of acts. The consequences are terminating, law-making or law-changing. Moreover, such a division is somewhat arbitrary: one act can reflect in itself all the presented consequences.
Legal Act Requirements
The first and main requirement for law enforcement acts is legality. When resolving a specific situation, the law enforcement agency should be based on a specific legal norm or their combination. State bodies are obliged to act within the strictest framework of their competence. Legality includes four requirements:
- compliance with procedural standards;
- adjudication in accordance with legal sanctions;
- compliance by the authorities with the requirements of jurisdiction, jurisdiction, etc .;
- applying the right legal qualifications.
Validity and appropriateness are also requirements. In the case of validity, everything is simple: the revealed facts must be relevant to the case under consideration. Expediency also implies the expression of the will of the people - direct or indirect, as well as an exact definition of the requirements necessary from the point of view of the legislator.