JUSTICE AS A FORM OF LAW ENFORCEMENT: SOME QUESTIONS IN THE THEORY Cover Image

ПРАВОСУДДЯ ЯК ФОРМА ПРАВОЗАСТОСОВНОЇ ДІЯЛЬНОСТІ: ОКРЕМІ ПИТАННЯ ТЕОРІЇ
JUSTICE AS A FORM OF LAW ENFORCEMENT: SOME QUESTIONS IN THE THEORY

Author(s): M. Borysenko
Subject(s): Law, Constitution, Jurisprudence, Government/Political systems
Published by: Fundacja „Oświata i Nauka Bez Granic PRO FUTURO”
Keywords: law enforcement; form of law enforcement; justice; legal process; exclusiveness; completeness; judgement; general obligation;

Summary/Abstract: The article is devoted to investigation of justice as a form of law-enforcement activity in its dynamics taking into account implementation of contents of legal prescriptions in certain life situations. Classification of forms of law-enforcement activity is investigated, features of justice as a form of law enforcement activity are determined. It is justified that features of justice are represented by exclusiveness; completeness; adoption of law-enforcement decisions in the form of sentences, judgements, resolutions, decisions on behalf of state; contents of justice that is embodied in a certain direction of its functioning; general obligation that means priority of judicial decision in comparison with decision of other bodies, officials, citizens authorized to perform law enforcement activity; presence of procedural form where justice is administered as a type of law enforcement. The author proves that a judgement made on behalf of the state acquires additional features, except for general ones. At the same time, law-enforcement decisions of state bodies, local self-government bodies, public associations, organizations, enterprises, citizens do not have and cannot have such a specific feature and making on behalf of the state.

  • Issue Year: 8/2014
  • Issue No: 4
  • Page Range: 31-43
  • Page Count: 13
  • Language: English, Ukrainian