APPLICATION OF LEGAL NORMS: PURPOSE, STAGES, SYSTEM OF REQUIREMENTS FOR LAW ENFORCEMENT ACT

Abstract

The article is devoted to specifying the purpose, stages and system of requirements for the law enforcement act, taking into account the provisions of the Constitution of Ukraine, individual acts of the legislation of Ukraine, as well as the modern development of the doctrine of the application of law. The methodological basis of the research was general scientific and special legal methods of scientific knowledge, namely: structural-systemic, formal-logical and comparative-legal research methods. This approach made it possible to comprehensively analyze the doctrine of the application of legal norms at the current stage of its development. The theoretical and applied basis of the scientific article was the analysis of the relevant legislation of Ukraine, as well as the works of domestic and German scientists, dedicated to the purpose of applying legal norms, the stages of the law enforcement process and the requirements that are put forward to the law enforcement act. Based on the results of the conducted research, it was concluded that the sole purpose of applying legal norms is the protection of a private person, his rights, freedoms and legitimate interests by law enforcement entities. It is a tool for fulfilling the constitutionally established duty of the Ukrainian state to affirm and ensure human rights and freedoms. The high-quality application of legal norms by the subject of authority requires the sequential passage of mandatory and optional stages of the law enforcement process. The number of these stages depends on the specifics of a specific case. However, the subject of law enforcement does not have the right to neglect the mandatory stages of the law enforcement process, for example, through the use of the practice of template decisions, that is, those that are made without proper analysis of the factual basis of the case. This approach inevitably leads to law enforcement errors. The development of the legislation of Ukraine determines the expansion of the requirements for the law enforcement act. Such requirements cannot be limited only to the requirement of: reasonableness, legality and expediency. Each act of law enforcement must, in addition to the specified criteria, meet the requirements of: rule of law, equality before the law, timeliness and a reasonable period of time, and guaranteeing the participation of a private person in the consideration and decision of the case. This approach makes it possible to talk about the true service of the state to a person, his needs and legitimate interests.