Law Enforcement — Form of Law Realization: Phenomenological Analysis Experience (Civilized Aspect) ; ПРАВОЗАСТОСУВАННЯ — ФОРМА РЕАЛІЗАЦІЇ ПРАВА: ДОСВІД ФЕНОМЕНОЛОГІЧНОГО АНАЛІЗУ (ЦИВІЛІСТИЧНИЙ АСПЕКТ)

Abstract

International audience ; The research is dedicated to the analysis of law enforcement civil aspects inlegal regulation of public relations, determination of its character and value as security instrumentof their effectiveness.It is set that law realization is considered in such forms as law fulfillment, law application, lawenforcement, law fulfillment and law termination accompanying the motion of civil-lawrelations.Law enforcement legal nature is stipulated by the objective necessity to influence on thebehavior of participants of such civil-law relations to ensure their compliance with the legalmodel. It is proved that the reason for law enforcement in the course of civil-law relationsrealization is such character of their development, reality and affiliation of which in view of theirsocial value is provided individually-legal instructions given by public authority. Realizationof subjective civil rights and legal obligations in private relation is provided by the acceptanceof individual legal act issued by governmental authority.Law enforcement mechanism in a private law was considered whereby the combinationof legal measures through which public activity of governmental authority is adjusted should beunderstood, which involves adjustment of civil-law relations in the course of their legal regulation,provision of stable public society development.Authority's activity in law enforcement mechanism is provided by the system of legalmeasures (mechanism elements), the total amount of which shall be naturally implementedin law realization mechanism the component of which is law enforcement mechanismin synchronically directed at provision of its effectiveness. To such elements of law enforcementmechanism each of which is specified within the appropriate law realization may be included:legal provision, legal relations and judicial fact. ; Дослідження присвячено аналізу цивільно-правових аспектів правозастосування у правовому регулюванні суспільних відносин, встановленню природи і значення його як інструменту ...