Asystemic Application of the System of Law

Abstract

In the prism of a specific act of law enforcement, an urgent problem of systemic relations between norms and principles of various branches of law that are outside the traditional institution of bluntness has been identified. The theses were substantiated that the application of the rule of law should be based on a systematic approach to the entire legal space, that compliance or enforcement of a prescription within one branch of law should not be a tort-forming factor in another branch of law, the norms of one branch of law objectively cannot prohibit what is permitted by the norms of another branch of law; if this is the case, then this indicates a systemic problem of the legal space. And this question is addressed not so much to the legislator as to the law enforcement officer, the answer to it is in the plane of professional legal understanding. Only the formation of a systematic approach to the application not of a single rule of law, but of normative legal prescriptions in a system of corresponding links with the provisions of other norms of various branches of law can serve as a guarantee of proper law enforcement.