LAW ENFORCEMENT AS A FORM OF REALIZATION OF RIGHT: PHENOMENOLOGICAL ANALYSIS EXPERIENCE (CIVILIZED ASPECT)

Anatoliy Kostruba ()

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Abstract: The research is dedicated to the analysis of law enforcement civil aspects in legal regulation of public relations, determination of its character and value as security instrument of their effectiveness. It is set that law realization is considered in such forms as law fulfillment, law application, law enforcement, law fulfillment and law termination accompanying the motion of civil-law relations. It is proved that the reason for law enforcement in the course of civil-law relations realization is such character of their development, reality and affiliation of which in view of their social value is provided individually-legal instructions given by public authority. Realization of subjective civil rights and legal obligations in private relation is provided by the acceptance of individual legal act issued by governmental authority. Authority's activity in law enforcement mechanism is provided by the system of legal measures (mechanism elements), the total amount of which shall be naturally implemented in law realization mechanism the component of which is law enforcement mechanism in synchronically directed at provision of its effectiveness. To such elements of law enforcement mechanism each of which is specified within the appropriate law realization may be included: legal provision, legal relations and judicial fact. RESUMEN: El estudio está dedicado al análisis de los aspectos civiles de la aplicación de la ley en las relaciones jurídico-públicas, y a la determinación de su naturaleza y significado como herramienta para garantizar su eficacia.

Keywords: Legal regulation of civil-law relations; mechanism of legal regulation; forms of law realization; application of law; judicial facts.; legal facts (search for similar items in EconPapers)
Date: 2018-03-23
Note: View the original document on HAL open archive server: https://hal.science/hal-02509619
References: View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Published in Revista de Derecho Civil, 2018, 1, pp.177-190

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