Koval N. Basic principles of law enforcement in the development of the law-bound state: methodological foundations of conceptualization.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003094

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

12-06-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

Law enforcement is considered as a special form of law implementation as a multifaceted factor of social relations regulation in a law-bound state. Justifying the essence of the basic principles of organization and methods of law enforcement activity, there is performed an analysis of the mechanisms of a law-bound state functioning, specificity of law-realizable practice in it, taking into account the decisive role of the principle of supremacy of law. On the basis of study of the methods, approaches and means of perception of the legal reality, there are developed possibilities of pragmatic realization in the national jurisprudence of the constitutional provision on the legal nature of the said statehood. Analyzing the sources of the mentioned problem, we note that in the national general theoretical jurisprudence law enforcement activity is considered as a process. With such an interpretation, a person predominantly serves not as an autonomous and creative subject, but as an object of law, and, at the same time, even when it is referred to protection of person’s rights and freedoms. The research methodology should be considered as consisting of three components. The first one consists of specific means and methods of research. The second component is special in methodology and it is a private scientific method, represented by concepts and principles. Finally, the third component is a world-view basis, an ideological research base. Complexity and diversity of factors and conditions of law enforcement activity, where pluralistic attitude to a certain category should adequately be reflected, undoubtedly have an impact on formation of a holistic system of law enforcement in a law-bound state, the highest priority of law-realizable functioning of which is the principle of supremacy of law.

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