LAW IMPLEMENTATION AND LEGAL RELATIONS: LINKS OF INTERRELATIONS
Author (s): Samofalov L. P., Samofalov O. L.
Work place:
Samofalov L. P.,
Ph.D. in Law, Associate Professor,
Associate Professor of the Department of Theory and History of State and Law, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0001-9157-7435
Samofalov O. L.,
Ph.D. in juridical sciences,
Head of the of College,
Academy of State Penitentiary Service, Chernihiv, Ukraine
ORCID 0000-0001-9157-7435
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2020 No 3(11): 21-30
https://doi.org/10.32755/sjlaw.2020.03.021
The article addresses to analyze of the theoretical and legal issues of legal norms implementation.
The implementation of regulations contained in laws and other regulations means the implementation in public relations, the behavior of citizens, the will of the legislator and other interrelation subjects.
In science, there is an opinion that the concept of action of law is along with the concept of realization of law.
Law implementation of the concept is multifaceted. Its condition is influenced by the norms quality, the mechanism of their action, material security, level of public consciousness, professional training of those persons who carry out law enforcement activities.
The legal norms implementation is a consistent concretization and translation of objective possibilities through their subjective awareness and expression of will in the real behavior of the subjects.
The consequence of the legal norms implementation is legal behavior. Legal behavior may be lawful or unlawful. Analysis of the scientists` views shows that the concept of legal behavior is different.
Specialists in the field of theoretical and legal science nowadays distinguish such forms of implementation of legal norms as compliance, implementation, use and application. Each specific form depends on the nature of the subjects` actions. The first three forms are called forms of direct realization of the law, since they are implemented by the direct actions of the subjects of certain legal relations. But where these forms are insufficient to ensure a certain implementation of legal norms, the necessary intervention in the process of the authorities, there is a special form of application.
Appropriate legal relations are required for the legal norms implementation. Considering the legal relations signs, it should be noted that the approaches of each of the scientists to this issue are different. Implementation is manifested through the content of legal relations, which primarily includes subjects who must have legal personality, to have the ability to be the bearer of rights and responsibilities, exercise them and be responsible for behavior that is contrary to the legal norms.
Considering the above mentioned we can draw the following conclusions, in particular:
- legal behavior is the basis for the emergence of legal relations and the realization of subjective rights of citizens, it is covered by the possibility and validity of legal regulation;
- law implementation is a legal mechanism that includes the behavior itself, its implementation in appropriate legal forms and in legal relations;
- law implementation can be carried out both within specific and general legal relations;
- legal relations have their own structure and requires a certain type of legal behavior.
Key words: law implementation, norms of law, legal behavior, forms of implementation, legal relations, structure of legal relations, legal facts.
References
- Skakun, O. F. (2006), Theory of state and law: textbook, Consum, Kharkiv.
- Surilov, A. V. (1989), Theory of State and Law, High Schools, Odessa.
- Kudryavtsev, V. N. (1982), Legal behavior: norm and pathology, The science.
- Tsvik, M. V., Petrishin, O. V. and Avramenko, L. V. (2010), The theory of power and rights: manual for students in primary schools, Law, Kharkiv.
- Kelman, M. S. (2003), General theory of state and law: textbook, New World-2000, Lviv.
- 6. Kopeichikov, V. V. (1997), General theory of state and law, Yurinkom.7. Nedbaiko, P. E. (1960), Notes of the Soviet legal norms, Gosizdat jurid.
- Alekseev, S. S. (1981), General Theory of Law, Jurid. Lit., Vol. 1.
- Matuzov, N. I. (1987), Legal system and personality, Saratovsk. Univ, Saratov.
- Hida, E. O. (2011), The Teory of power and rights, Lipkan, Kyiv.
- Halfina, R. O. (1974), General Notion on Legal Relations, Legal. Leet.
- Isakov, V. B. (1984), Legal facts in Soviet law, Jurid. Lit, Moscow.