DEVELOPMENT OF EUROPEAN AND DOMESTIC SCIENTIFIC DOCTRINE AND LAW ENFORCEMENT REGARDING THE ACTIVITIES OF CRIMINAL JUSTICE BODIES

Abstract

The article is devoted to the study of the activities of the criminal justice bodies regarding the understanding of doctrinal and law enforcement practice. The concept of doctrine in the broad and branch perception of reality is analyzed, the interchangeability of the concepts “law” and “form of law” is considered. An analysis of the genesis of the understanding of doctrinal concepts is given, starting with Augustine and Thomas Aquinas and ending with the works of Roman lawyers and practitioners, as well as English scientists. In addition to the analysis of the historical emergence of the doctrine, the article analyzes the degree of influence of legal doctrines on the legislator and the law-making process, as well as the forms of their manifestation in different states, which are far from always the same, so the article reveals the peculiarities of the doctrinal thought of France, Germany, Italy, England and the USA. Most countries use the doctrine as the basis of a court decision, which assumes the absence of a court precedent, a necessary rule of statutory law or custom when considering a case. Therefore, when considering controversial issues, the parties participating in the court process turned to well-known lawyers with a request to express their opinion on certain problems of the application of the law. The peculiarities of the doctrinal attitude of the Anglo-Saxon legal system and the Romano-Germanic legal system are analyzed. It is considered how the transformation of views affects the doctrinal views of the state. In the future, Ukraine is analyzed as an independent country belonging to the Romano-Germanic legal system. As a result of different interpretations even of legal institutions of the same name, the practice of rejecting models developed by the domestic legislator based on foreign experience. The role of legal doctrine as a source of law is manifested in the fact that it creates concepts and constructions that are used by both law-making and law-enforcing bodies. International experience shows that one of the main subjects of rule-making activity in developed democratic countries is the Ministry of Justice.