The results of law enforcement are fixed in special official forms - acts of the application of law . They reflect the decisions of authorized structures in specific legal cases. Let us further consider the features and examples of acts of application of law .
Distinctive features
There are a number of signs of acts of application of law by which they differ from other official forms.
- Firstly, they represent decisions on specific cases, approved by a competent authority authorized to carry out functions in a specific area of public relations.
- Secondly, the act of applying the law contains a state-imperative order. It is mandatory for execution by all entities to which it is addressed. Compliance with its provisions is ensured by state power.
- Thirdly, the act of applying the law is a document having a certain form, enshrined in law. Failure to comply may result in the cancellation or amendment of the document. The most common forms of acts are orders, decrees, orders, etc.
- Fourth, the content of the document is aimed at the individual regulation of specific social relations. In the act of applying the law, the legal obligations and subjective rights of certain persons acting in a particular situation are personified. Such a document does not regulate a variety of public relations, but specific interaction in a certain area.
Definition
Taking into account the above signs, we can formulate the concept of an act of application of law .
They should consider an official decision made by the competent authority on a specific legal issue, containing the imperative, which is expressed in a certain form and aimed at the individual regulation of specific social relations.
Difference from regulatory documents
The act of applying the law has an individual character, regulates certain legal relations, is addressed to specific entities. Such a document is valid in strictly defined cases. The normative legal act, in turn, has a general character. It regulates the type of legal relationship and is addressed to many entities. Its effect extends to a specific area until it is canceled.
A normative legal act establishes, amends or repeals legal norms. The enforcement act does not have such properties. With its help, the implementation, implementation of the general requirements of a normative act is carried out. It should be considered a means of transferring them into the sphere of certain public relations in relation to specific subjects.
Act Requirements
Enforcement documents should:
- Strictly comply with the provisions of regulatory legal acts in accordance with which they are adopted.
- Published within the competence of an authorized body or specific employee.
- Contain a comprehensive description of a particular legal case.
- Have the necessary details that give an official character. Among them, in particular, the name of the document, place, time of adoption, name of the authority in which the act was issued. An integral element is the seal of the structure and the signature of the authorized person.
Nuances
Acts of application do not act as legal sources. They lack general rules of conduct. They only reflect legal norms applicable to specific legal relations or entities.
Such documents are accepted in almost all government bodies in various spheres of public life. This is due to their diversity.
Subject composition
According to this criterion, several types of acts of application of the rule of law can be distinguished. Documents may be accepted:
- Government agencies and public organizations.
- The president.
- Federal government.
- Regional structures of state power.
- The courts.
- The prosecution authorities.
- Control and supervisory structures.
- Collegial and sole organs.
Subject of regulation
This criterion allows us to divide the acts of application of the right to species depending on the specific legal industry. For example, they can be adopted in the criminal or constitutional legal field. In addition, acts of application in administrative law are quite common. Among them, in particular, numerous decrees, orders of executive authorities. There are also acts of the application of procedural and substantive law.
Form of activity
According to this criterion, acts are divided into:
- Executive. They are associated with the implementation of dispositions of norms with permissible content. Such documents provide the most effective regulation of various manifestations of lawful behavior.
- Law enforcement. Such acts are associated with the application of sanctions in case of violation of the requirements, as well as the implementation of measures aimed at the prevention of offenses.
Functional sign
It determines the position of the act in the structure of the regulatory mechanism. By this criterion distinguish:
- Regulatory acts. They determine the circle of subjects of a certain legal relationship, indicate the scope of their duties and rights, establish the moment the legal relations arise, the conditions for their development and termination.
- Legal acts. They act as a guarantee of the implementation of legal relations on the basis of the powers of the competent structures. Such acts ensure the achievement of regulatory objectives.
External expression
By this criterion documents and actions are distinguished.
The former are decisions of the competent authorities, duly executed in writing. Such acts are used in cases where strict specifics are needed during fixation. For example, the documents reflect the factual circumstances of the case during the investigation, the type of coercive measure, etc.
Acts of documents vary in structure. This is due to the position of one or another authorized body and the significance of the issue under consideration, the legal force of the decision, and the specifics of the adoption procedure.
Acts of action are verbal and concurrent. Among the first, for example, can be attributed the oral order of the head of the state body given to subordinates. Such actions are considered to be conformative, which clearly and explicitly express the decision adopted by the subject of law. For example, it may be a gesture of a traffic police officer who regulates traffic on the road.
Acts of action, like written enforcement documents, are endowed with power. The implementation of their provisions entails certain legal consequences. In the event of refusal to perform, criminal, administrative, disciplinary and other coercive measures enshrined in law may be applied to the subject.
Document structure
The act may include 4 components: introductory, descriptive, motivational, resolutive. Such a character structure, for example, for court decisions.
Only 3 parts may be present in the act - introductory, descriptive and resolutive. This structure has administrative and investigative protocols.
The act may have 2 parts - introductory and resolutive. Such documents constitute permits for specific actions.
Documents may contain only the operative part.
Characterization of structural elements
The introductory part contains the name of the act - the sentence, decision, decision, order, etc. The same part indicates the date and place of adoption, the name of the structure that issued the act, or information about the employee who accepted it, as well as an indication of a legal conflict that allows document.
In the narrative, there is a characteristic of the facts related to the conflict.
The motivation part provides a brief analysis of the evidence confirming the described facts, their legal qualifications. The same section explains the meaning of the legal norm used by the law enforcer.
The operative part reflects the decision. It is mandatory for participants in the case.
Legal value of acts
Depending on their role in the legal system, acts are divided into main and auxiliary.
The first include completed decisions on a particular legal case. For example, it may be a decision or a sentence of the court.
Auxiliary acts are those containing prescriptions that prepare the approval of the main acts. They can be procedural, control and supervision, etc.
Time of action
According to this criterion, acts can be divided into:
- Lasting.
- Single use.
The latter include a decree imposing a fine. Lasting acts include decisions on the registration of marriage, the appointment of a pension, etc.
Conclusion
Legal norms are created in order for subjects to implement them with their behavior. Without implementation, precepts lose their meaning.
Enforcement is necessary in cases where a legal relationship, due to its complexity and importance, can and should be created solely by decision of the authorized authority or the state needs to control it. So, divorce, rewarding with an honorary sign, appointment to a position is allowed only with the appropriate decision.
Without enforcement acts, it is impossible to protect standards from violations, it is impossible to punish violators, and eliminate the negative consequences of non-compliance with regulations.
Enforcement is aimed at meeting the needs of the whole society. Since the interests of society are constantly changing due to the variability of living conditions, law enforcement must take into account different factors to ensure effective regulation of legal relations in different areas.