Acts of application of the rule of law are documents that everyone has encountered in his life more than once. Without enforcement, the exercise of certain rights would have been simply impossible. In order to fully and comprehensively consider such a concept as an act of application of law, it is advisable to familiarize yourself with its characteristics, types, requirements for acts.
The concept and types of acts of application of law
The final stage of law enforcement is marked by the adoption by the authorized competent authorities of a decision on the case. The act of applying the rule of law is aimed at regulating the relationship between specific entities, defines and secures their rights and obligations. In cases provided for by law, documentation is performed.
In various legal literature, the concept of classification of an act of application of the rule of law and its grounds may have some differences. Here we present the most common varieties of law enforcement acts.
By external expression:
By scope relative to the circle of persons:
- general action;
- individual.
By industry applicable law:
- administrative
- civilians;
- constitutional;
- criminal, etc.
By significance:
- basic - contain a ready-made decision on the case (for example, a court decision);
- auxiliary - create the conditions for the adoption of basic acts (for example, a decision on the suspension of proceedings).
In the form of expression:
By regulation method:
- registration - certify and consolidate a certain fact (for example, registration of death);
- prohibitive - impose a ban on the performance of certain actions (for example, making a decision on the ban on engaging in entrepreneurial activity);
- restrictive - set restrictions on the subject (for example, recognizance not to leave) ;
- permissive - allow the subject to perform certain actions or to refrain from them (for example, obtaining a license to engage in a certain type of activity).
By function of law:
- regulatory - ensure the implementation of the rights and obligations of legal entities;
- protective - associated with the commission of an offense or crime.
Distinctive features of an enforcement act
Features of acts of application of the rule of law:
- Mandatory for execution by the person to whom they are addressed. Comes from entities with authority. In case of non-execution of the act, penalties may follow.
- Published by a person or body authorized to do so.
- Published according to the results of consideration and analysis of a specific case.
- Must have the form prescribed by law.
- Applied in a specific situation and specific recipients. The main goal is not to create a rule of law, but to apply it in life (for example, a job order, a fine order).
- They play the role of a legal fact, which is the basis for the emergence of specific rights and obligations. Perform local regulation of legal relations.
It is necessary to distinguish documents that are the technical means of interaction between organizations, individuals and organizations (certificates, receipts, etc.).
Requirements for the Act of Application of Law
The adopted act must comply with certain conditions, non-compliance with which may affect the validity of the document, up to its cancellation. The following requirements are imposed on him:
- To the content. It should be based on law, have a justification. First of all, this concerns the issuance of an act by a body authorized to do so.
- The adoption procedure, which is regulated by the rules of procedural law. Its purpose is to ensure and comply with the legality and validity of the decision both in establishing the circumstances of the case and in making the decision itself.
- To the form. As a rule, this is a documentary form, which in turn must also comply with a number of conditions.
The structure of the act of application of law
The structure of the act of applying the rules of law, documented, can be represented as follows:
- Introductory. First of all, it contains information about the body (or individual official) that adopted the act, as well as the place and time of adoption. Indication of the name of the act (decision, decision, determination, etc.) is required.
- Descriptive. It includes the plot of the case, that is, those circumstances and facts that were established in the case.
- Motivational. The review and analysis of evidence, the rationale for the decision and the application of a specific legal norm.
- Resolute. It is a legal order addressed to a specific circle of people, that is, the decision itself in the case.
Law Enforcement Functions
The act of applying law is the end result of multi-stage law enforcement. For an objective and comprehensive consideration of the issue of the concept of the act of application of law, types and its characteristics, it is necessary to have an idea of the law enforcement activity itself, its functions and basic principles.
Law enforcement is an important stage in the implementation of law, which performs the following functions:
- It helps legal entities with the vesting of certain rights and assignment of duties, which would not have been possible without a competent decision of a state body.
- It allows you to resolve a conflict situation, bring legal measures to account, if necessary, restore violated rights and force them to perform duties.
Basic principles for the application of law
Principles of law enforcement:
- Legality. Authorized bodies at any stage of law enforcement do not go beyond the requirements of the law. When creating an act, this is expressed primarily in the adoption of it exclusively in the forms provided for by law.
- Social justice. The interests of the whole society as a whole are prioritized over the interests of its individual layers.
- Expediency. It means taking into account all the conditions of the current situation, choosing the most optimal way to resolve the situation.
- Validity. It assumes that when the act is adopted, the authorized body is based on comprehensively studied, reliable and facts obtained under the legal procedure. Failure to comply with the principle of justification may serve as the basis for the repeal of the act.
Law Enforcement Stages
There are three stages of law enforcement:
1. Determination of the actual circumstances of the case. It is precisely those facts that are directly relevant to the case that are subject to analysis and establishment. There are two types of facts:
- The main ones are indicated by the disposition of the rule of law.
- Auxiliary - do not affect the legal assessment of the case, act as auxiliary mechanisms to establish the true picture.
Materials related to a particular case should have the properties of reliability and sufficiency. Methods for obtaining materials should be based solely on law.
2. Legal assessment of the situation. A rule of law is established that will act in a specific situation. The boundaries of the norm in relation to the circle of persons, in time and territorially, are clarified. The meaning of the norm and its interpretation are determined. At this stage, a link is established between the circumstances and the applicable rule. If available, legal conflicts are resolved.
3. Decision making by the competent authority and its execution. This is the main stage, the previous ones create the necessary conditions for an objective and legally correct decision. At this stage, the act of applying the rule of law is born.
Regulatory act and its features
The existence of an act of application of law is impossible without a legal document of an official nature, which contains legal norms and is aimed at streamlining public relations.
The signs of the application of the rule of law we examined. But what is a legal act?
- It is aimed at regulating all areas of society.
- It is official in nature and finds expression in the form of a written document.
- It has the required details: name, authority that accepted it, date, place, time and number.
- It is a source of law and forms the basis of legislation.
- Endowed with state-power coercion.
- Arises in the process of lawmaking.
- Endowed with legal force, which is the criterion of hierarchy among the whole set of acts.
- Clearly regulated adoption procedure.
- It must be published in order to bring it to the attention of the company.
- Detailed structured.
Acts of application of legal norms and their difference from normative legal documents
The main differences between the act of application of law from regulatory legal acts are the following factors:
- A normative legal act (NLA) has a generally binding character, is aimed at regulating an unlimited range of relations, is subject to repeated application, is addressed to an unlimited circle of entities. The act of applying the law permits a specific situation, is individually directed, acts once.
- NPA is primary in relation to the law enforcement act. Without the existence of a legal act, an act of application of law cannot exist.
- Only legal acts are the result of law-making. The act of applying law is the result of applying the rule in practice.
- Legal acts are sources of law.
- Normative acts establish, amend, terminate the rule of law. The act of application of the law promotes the implementation of regulatory requirements, applies the rules in real life, regulating certain situations.
General features of normative legal acts and acts of application of law
The enforcement act and the legal acts have certain common features. Let's look at them:
- They lead to legal consequences, as they are acts of law.
- Both are based on state coercion, are powerfully categorical.
- For the implementation of both, a procedural character is mandatory.
- Government bodies are authorized to accept them.
- The same goal is the regulation of social relations, their ordering.