СУЧАСНІ АСПЕКТИ ТЕОРЕТИКО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ РЕАЛІЗАЦІЇ ПРАВООХОРОННОЇ ФУНКЦІЇ ДЕРЖАВИ

Abstract

Law enforcement function is a complex direction of state policy, through which the protection of human rights, freedoms and interests, ensuring the rule of law, the constitutional order, order and the safe existence of society, its elements. Factors influencing to the development of law enforcement at the present stage are: the modern law enforcement function is devoid of excessive interest in coercion; the functions of providing services, conducting educational work, establishing transparency, accountability and accountability to civil society are becoming increasingly important; the integration of law enforcement into the sphere of information and commercial relations has deepened; the implementation of the law enforcement function on the ground has become more accountable to the local community through decentralization reform; the requirements for the quality of regulatory support of law enforcement infrastructure have changed. The legal support of the state law enforcement function aims to regulate this array of public relations, to give it legitimacy and universality. The theoretical basis of administrative regulation of the law enforcement function of the state can be based on the following theses: synergy of dogmas of public administration, administrative relations and regulatory activities of the state in the field of law enforcement; the impact of legal norms in the field of public administration on the protection of human and civil rights, freedoms and interests; positive obligation of the state to affirm and protect human rights through the relevant activities of law enforcement institutions regulated by regulatory administrative acts, etc. Modern realities require the expansion of law enforcement influence on public relations. Therefore, the law enforcement function can be supplemented by the following components of legal nature: law enforcement service, which is accompanied by the provision of appropriate services to the subjects of appeal; information and telecommunication support and digitalization of order relations; communication, intersubjective interaction, control. Legal uncertainty of the categorical apparatus creates adverse organizational and managerial consequences that affect both the law enforcement system and the implementation of the tasks of law enforcement and security. The absence of a special law in the field of law enforcement is not a significant shortcoming in the way of effective regulation of law enforcement relations, as the scope of the general principles of the state law enforcement function is quite broad in theoretical terms. From the point of view of legal technique, normative design and systematization of law enforcement relations is such a difficult task that it does not justify the purpose of the existence of the law itself or a set of laws. In the most general form, the system of departmental regulatory regulation in the field of law enforcement of the state should be classified into two groups: organizational and managerial (internal) regulatory support; regulatory support of the main areas of law enforcement (external).