JUDICIAL ENFORCEMENT IN LEGAL REGULATION MECHANISMS: SOME THEORETICAL ASPECTS

Abstract

The article is devoted to the disclosure of theoretical approaches to the definition of judicial enforcement. It has been proven that judicial enforcement is based on legal regulation, principles of law and its own principles. It was concluded that the current legislation of Ukraine does not define the legal category “judicialenforcement”. It was found that the categories of “judicial enforcement”, “judicial authority”, “judicial activity”, and “justice” were identified; however, not the synonymy of such categories, but their relationship: judicial authority (subject to constitutional regulation) is exercised in justice (content, functions of judicial authority), but Justice is administered by the court through judicial enforcement. It is substantiated that the defining elements of the enforcement mechanism are two phenomena: the legal norm and the social situation to which the norm directly relates. The presence of these components causes a chain of organizational and psychological events (events): assessment of the situation, analysis of the norm, comparison of the norm with the interests and motives of the subjects, prediction of consequences, by the end of decisions and actions (inaction). In the course of development of this chain of events, social factors act: the particularities of the situation, interests, motives, the characteristics of the subjectʼs characteristics, the prediction of social consequences etc. It is concluded that judicial enforcement is based primarily on the regulatory regulation (as the leading part of the legal regulation as a whole), as well as on the principles of law and its own principles. The position is upheld that judicial enforcement is connected with one incident, is individual in nature and directed to specific individuals (with the exception of decisions of the Supreme Court). This makes it important to distinguish special cases of factual and legal significance in a court case in a particular court case, which may be relevant when forming a convincing case law as a way to ensure the unity of court practice. All these situations in their totality determine the existence of freedom of internal conviction of the court and a certain freedom of judicial discretion in the implementation of judicial law in the implementation of judicial proceedings.