Law implementation: theoretical and practical issues

Based on current legislation, the article comprehensively and systematically examines the concepts, features, and types of legal documents. Legal regulation of social relations is carried out with the help of a certain system of means. One of the important ones is legal documents, which are the legal form of transfer of legally significant information. The object of research is social relations that arise in the process of working with legal documents. The subject of the study is the concept, meaning, functions, types of legal documents; requirements for working with them; the process of preparation and implementation, defects and methods of their prevention in legal documents. The purpose of the article is to study the phenomenon of «legal document» and establish its significance in the mechanism of legal regulation. The dialectical method of scientific knowledge is used in solving the set goals, from the standpoint of which phenomena and objects were considered comprehensively, in dynamics, interconnection and interaction with other phenomena and the environment. In the methodological aspect, logical techniques are used: analysis, synthesis, generalization, abstraction. Special attention is paid to functional, structural, sociological, linguistic, and legal approaches to scientific research. It is indicated that the functional analysis made it possible to identify three groups of functions performed by legal documents. The functions of legal documents are a system of legal directions for social relations determined by its essence and purpose of society. Demarcation criteria can be: the sphere of life on which the influence of the legal document is directed; semiotic approach; legal purpose. General functions: accumulation, preservation and transfer of legally significant information, social, communicative and historical-cultural function. Legal functions: establishment of law, certification, implementation of law, law enforcement and control and supervision functions. Communicative functions. Legal documents permeate the entire process of legal regulation, the problem of functioning has a complex nature, which makes it possible to trace various directions of influence of legal documents on social relations.

The article examines the issue of the implementation of law in the context of knowledge of its essence. The views of modern scientists who work both in the field of theory and philosophy of law are analyzed. There is an opinion that only the essential approach makes it possible to reveal the true nature of the phenomenon of law enforcement. Based on the given methodological approach, it is assumed that law can be identified as a coercive order, the purpose of which is to achieve good and justice in relationships between people for the progressive development of society and its members. It is coercion in the performance of duties by a negligent debtor that guarantees the creditor satisfaction in the form of a specific moral or material good, which will testify to the restoration of justice and harmony in society, and thereby the achievement of good in human relations. At the same time, it is declared that the very achievement of the goal of the implementation of the right constitutes its substantial characteristic, gives it an ontological status. At the same time, it is declared that the very achievement of the goal of the implementation of the right constitutes its substantial characteristic, gives it an ontological status. Regarding natural law, the following conclusion is made: regardless of the forms of its implementation (norms and principles, specific legal relations, the formal beginning of justice), the latter achieve their goal when they are recorded in the prescriptions of positive law, that is, their implementation occurs due to materialization in the legal system in the form of a written system of law. This process of transformation can tentatively be called the implementation of natural law of the first level, which is absolutely necessary in the conditions of existence of a state-organized society. At the same time, individual elements of natural law can be implemented outside the written law. For example, the concept of a queue, when citizens are sought out in a certain order without external coercion, based on the internal awareness of the equality of all those standing in the queue and the need to comply with the requirements of the order to receive certain benefits. If natural law has two levels of its implementation: the first - through the prescriptions of positive law, the second — direct (without normative regulation), then positive law has only one level of its implementation — through its own mechanisms (norms, legal facts, legal relations). And the main element in the latter case is the subject of law, which acquires the corresponding rights and obligations by its actions or refraining from actions. The following are recognized as forms of legal implementation in the theory of law: use, execution, compliance, law enforcement, which mainly occurs on the part of authorized state bodies. The above-mentioned forms of exercise of the right are connected, in particular, with the corresponding methods of legal regulation (permits, prohibitions, obligations). On the basis of the conducted analysis, the conclusion is drawn: the achievement of the goal of the implementation of the right — its embodiment in social relations — constitutes a substantial characteristic of the latter, gives it an ontological status. Key words: Ontology of law, law as a coercive order, natural and positive law, implementation of law.

The importance of law enforcement practice as a means of implementing the effectiveness of the law enforcement mechanism is emphasized, since only a declared prescription does not provide an effective impact on social relations. The existing doctrinal approaches to determining the essence of legal norms in social reality by specifying the abstract content of the prescription to specific subjects and special life situations are clarified. It is argued that the effectiveness of legislation largely depends on law enforcement, which made it possible to conclude that the essence of law enforcement is multifaceted. The focus is on the multifunctional aspect of law enforcement documents, which is manifested in ensuring the implementation of norms, specifying acts of legal influence, determining the extent of possible and necessary behavior of specific subjects, ensuring the protection and restoration of violated rights, creating mechanisms for the proper performance of legal obligations, resolving various disputes about law and rights, determining the forms and types of liability of subjects guilty of committing offenses. A law enforcement act has a certain legal force, applies to the subjects to whom it is addressed, is adopted by an authorized state body or official, specifies the content of the norm, has a special procedure for acquiring legal force, is subject to appeal or protest, gives rise to legal consequences, and is exhausted by one case. These features determine the normative essence of law enforcement acts. In addition to the normative essence of the studied acts, which are determined by the presence of their features, their substantive essence is distinguished. Three aspects of content are emphasized — the factual aspect, associated with the presence of subjects, their behavior and certain legal facts; the volitional aspect, determined by the will of the state, reflected in the norm; the will of the subject who adopts the law-enforcement act and the will of the subject to whom it is addressed; the legal content consists of the purpose of legal regulation, the normatively established competence of the subject of law enforcement and its consequences. The state-administrative, socially oriented, organizational-power law-implementation and legal-consequential aspects of the essence of law-enforcement acts are also highlighted. The general-legal (regulatory and protective) and special-legal functions of the law-enforcement act (lawconcretizing, law-enforcement, law-compensatory, law-educational) are studied. Key words: law, legal regulation, legislation, law implementation, law enforcement, law enforcement act, functions of law enforcement acts, normativity, essence of law, legal force.

The article is devoted to the consideration of the main views of Soviet and Russian scientists on the content of one of the main categories in the theory of prosecutorial activity – the subject of prosecutorial supervision over the implementation of laws. During the period of existence of prosecutorial supervision, views on the content of this concept have repeatedly changed. Consideration of various approaches to the subject of prosecutorial supervision has acquired particular relevance in the modern period of development of the prosecutor's office, which is largely due to dynamically changing legislation. At the same time, the allocation of supervision over the observance of the Constitution of the Russian Federation and the implementation of laws in force on its territory by bodies, organizations and their officials supervised by the prosecutor, as well as the compliance with the laws of legal acts issued by them, remains unchanged. After analyzing the available scientific approaches, law enforcement practice and legal regulation of the activities of the prosecution authorities of Russia, the author comes to the conclusion that it is necessary to further transform the content of the concept under consideration in connection with the active introduction of information technologies into the life of society and the state, as well as a number of financial instruments that involve constant monitoring of their use, which seems diffi cult given the existing both legislative and scientific approaches to the regulation of the supervisory activities of the prosecutor. This article proposes one of the possible models of the subject of supervision over the implementation of laws, which includes, in addition to the traditional ones, such elements as supervisory support for the implementation of certain laws, as well as supervisory support for the legality of regulatory legal acts. The proposed model of the subject of prosecutorial supervision over the implementation of laws will eliminate a number of law enforcement problems and increase the efficiency of the prosecutor in this area.

This study discusses the implementation of competition law in the trading system of cooking oil prices for the public interest in Indonesia. Business competition law aims to encourage healthy competition between business actors in the market, including in the cooking oil sector. However, the implementation of this law still faces various challenges, especially related to suboptimal law enforcement and lack of public understanding of consumer rights in the market. Through a literature study approach, this study discusses the concept of business competition law and its role in encouraging healthy competition in cooking oil price trading. The results showed that the implementation of competition law in cooking oil price trading can provide benefits for the public, such as more affordable prices and better product quality. However, this can only be achieved if the government, business actors, and the community work together to improve understanding and enforcement of business competition law. In conclusion, the implementation of business competition law in cooking oil price trading can have a positive impact on the public interest if carried out properly and optimally. Therefore, an active role from all relevant parties is needed to ensure the successful implementation of this law.

УДК 347.73Статья посвящена исследованию юридических фактов в налоговом праве и правоприменении. Автором выделяются специфические признаки юридических фактов в налоговых отношениях, обусловливающие особенности их установления. Проанализированы дефекты налоговых юридических фактов, причины их возникновения и последствия для налоговых отношений.

The article is devoted to the study of the mechanism of regulatory and legal regulation of social relations in the agro-industrial complex of Ukraine at the present stage. The definition of the concept of «mechanism of regulatory and legal regulation by the agro-industrial complex» should be formed on the basis of a combination of: 1) the established interpretation of the «mechanism of regulatory and legal regulation» (through the use of the relationship between the concepts of a broader and narrower order); 2) taking into account the specifics of the agro-industrial complex. It is noted that: a) the mechanism of regulatory and legal regulation has a generally binding force and appropriate support; b) it is embodied in legal reality through the use of specific means and instruments; c) specific subjects. that are endowed with power produce norms that become part of the mechanism of regulatory and legal regulation. At the same time, the mechanism of regulatory and legal regulation of certain social relations may include norms of different industry affiliation and different legal force. The specific properties of the sphere of social relations in the agro-industrial complex at the present stage are highlighted, which affect the mechanism of regulatory and legal regulation, namely: a) legal norms that are part of the mechanism of regulatory and legal regulation of the agro-industrial complex regulate social relations in the sphere of agricultural production, food and processing industries, carrying out work on growing, harvesting, storing and processing agricultural products, as well as ensuring food security; b) subjects that apply the relevant legal norms are subjects that are empowered to regulate the agro-industrial complex or those subjects that are directly involved in social relations in the agro-industrial complex; c) measures that are the result of applying legal norms to regulate social relations in the agro-industrial complex include those provided for at the regulatory level of the strategic level, type, strategy and concept of development of the agro-industrial complex.

Introduction. Given the need to ensure justice and law and order in society, issues related to the implementation of law are always relevant, because it allows to ensure the rule of law, protect the rights, freedoms and legitimate interests of citizens, support democratic processes in the state and strengthen international relations. Currently, the relevance of the implementation of law and its forms is due to war, because it is a guarantee of protecting sovereignty, citizens' rights and restoring justice. Another reason for the actualization of the outlined issues lies in the field of reforming various social spheres associated with the renewal and change of legislation in connection with European integration processes. And for the completeness of research in these areas, it is necessary to carry out a scientific search in various areas of the implementation of law, including the classification of its forms. The aim of the article. The purpose of the article is to characterize the classification series of norms for the implementation of law at the current stage of development. Results. Lawful behavior is the main way to implement legal norms in society, which involves compliance with established legal regulations by subjects of law in accordance with the requirements of the law. The implementation of legal norms may consist in the performance of one or more specific acts or actions, may have a systematic (periodic payment of taxes by an entrepreneur) or a one-time manifestation (appeal to the court). In the scientific literature, the implementation of legal norms is considered as the implementation of the prescriptions of legal norms in the activities of subjects of law. To implement regulatory prescriptions means to implement through lawful activity the will of the legislator aimed at ensuring law and order in society. In one case, these are active positive actions of subjects, for example, the use of a right or the fulfillment of a duty, in another — this is inaction, that is, deterrence from committing illegal actions. In the general theory of state and law, there are various classifications of forms of law implementation. The most common is the division of forms of law implementation by the nature of the actions of law-enforcing subjects. On this basis, the following forms of implementation are distinguished: compliance (the subject does not commit actions prohibited by the provisions of law); execution (the subject performs actions to which he is obliged by the provisions of the law); use (the subject, in accordance with his interests and needs, uses the rights granted to him in accordance with the provisions of the law); application (the activities of state bodies or officials aimed at implementing the norms of law in order to resolve a specific case by issuing individual legal regulations. The next classification criterion is by subject composition, according to which individual (consists in the ability of a person to independently use his subjective rights and fulfill the legal obligations imposed on him) and collective forms of implementation (requires the combination of efforts of several subjects) are distinguished. Forms of implementation of the norms of law are distinguished depending on the degree of activity and are distinguished: 1) active — when the subject of law performs active actions; 2) passive — when the subject of law refrains from performing certain actions for which legal liability is established. The next criterion is depending on participation in legal relations, according to which: 1) implementation of the right outside legal relations; 2) in legal relations. Depending on the order of implementation, there are: 1) voluntary — the subject of law independently and voluntarily implements the norms that grant him permissions, impose obligations and prohibitions on him; 2) compulsory — the subject of law carries out the obligations imposed on him in a compulsory manner. Conclusions. The implementation of law is a key element of the functioning of the legal system, since it is through it that the law acquires a real impact on social relations. To implement regulatory provisions means to implement the will of the legislator aimed at ensuring law and order in society through lawful activity. The diversity of the classification series allows for a deeper understanding of the mechanisms of legal regulation and their impact on social relations, as well as to create more effective legal norms taking into account their practical effect. Thus, it is not only theoretically possible to comprehend the mechanisms of legal influence, but also to increase the effectiveness of law enforcement in practice, which will contribute to the development of a rule of law and the stable development of society. Key words: law implementation, forms of law implementation, compliance with law, execution of law, use of law, application of law.

This study aims to analyze the legal provisions on marital violence with a focus on the implementation of the Law on the Protection of Women and Children. The problem analysis highlights the shortcomings in the implementation of the law that result in a lack of protection for victims of domestic violence. In addition, the challenges in law enforcement against perpetrators of marital violence are also discussed. The research method used is the normative legal research method, which analyzes various laws and regulations, official documents, and related court decisions. The analysis results show that although there is already a law that regulates the protection of women and children, namely the PPA Law. In the implementation of the PPA Law, there are efforts made to protect women and children from marital violence. These steps include case identification, handling reports, investigation processes, prosecution of perpetrators of violence, and protection and rehabilitation for victims. Further efforts are needed to strengthen law enforcement and increase public awareness of the rights of women and children in the context of marriage.

It is noted that Russia, being a social state, guarantees a decent standard of living for a person and the free development of the individual. It is indicated that social security is divided into state and non-state social security systems. It is noted that traditionally the subject of social security law includes only social relations arising in the state social security system. An example is given when none of the parties to the social security relationship is a public agent - a government body, a local government body, a state or municipal institution, etc. Cases are highlighted when the subject of social security law includes social relations that are fully remunerative for the authorized person. It is indicated that one of the defining principles of social security law should be ensuring a decent standard of living for citizens. The ways in which the Russian state is trying to resolve the crisis of the social security system are analyzed. The need is established to include the non-state social security system in the system of social security law. There is a close relationship between social security law and such private-public branch of law as labor law. It is indicated that in economically developed countries, social support measures have long been of a mixed public-private nature. The difficulties of using foreign experience in the legal regulation of social security relations are noted. The reasons why the Russian state periodically carries out pension reforms are indicated. The conclusion is substantiated that in order to level out crisis phenomena in the social security system, a comprehensive solution to the socio-economic problems of the domestic state and society is necessary, including private legal regulation of social relations that constitute the subject of social security law.

In the introductory part of the article, the interrelationships of various types of security and their mutual influence are indicated. The impact of legal security on all other types of national security is shown. In turn, in the main part of the article, the institution of the implementation of law is considered as one of the important factors in ensuring the legal security of a modern state-organized society. This is done by analyzing the place and role of the implementation of law in the mechanism of legal regulation of social relations, as well as by highlighting and characterizing theoretical and practical problems that impede the implementation of law and pose a threat to the state of legal protection of society. The final part of the article contains author’s conclusions and proposals, aimed at ensuring the effective implementation of law and the legal security of society.

Frontline practitioners play a crucial role in the implementation and enforcement of child protection laws. Yet, studies on how they experience applying those laws are scarce, not least in the sub-Saharan Africa region where rates of violence against children are persistently high. This study provides an insight into the views of frontline practitioners in the implementation and enforcement of child protection laws, with a focus on what they experience as barriers and facilitators. Interviews were conducted with 17 frontline practitioners from child protection services in Maputo City, Mozambique's capital. The interviews addressed barriers, facilitators, gender norms and attitudes and forms of violence. Audio recorded interviews were transcribed, translated, and thematically analysed. The results resolved around two overarching themes: 1) barriers to the implementation and enforcement of child protection laws, including system-related deficiencies (material, human and organizational); Law related shortcomings (gaps in the content and constraints); and sociocultural norms and attitudes perpetuating violence. 2) facilitators to the implementation and enforcement of child protection laws, including access to resource support from non-governmental organisations and newly established multisectoral mechanism for responding to violence. Effective implementation and enforcement of child protection laws in Mozambique requires adequate resource allocation and funding to strength child protection services. It may also be necessary to enhance multisectoral coordination and harmonization of child protection laws. Furthermore, adapted evidence-based interventions from the WHO INSPIRE framework may help to improve both the prevention and response to violence against children.

Background. The complexity of legal regulation of economic and related social relations in the context of modern challenges and threats requires taking into account in such regulation indicators of human quality of life. The interdisciplinary nature of the concept of quality of life requires its theoretical and legal justification for the purpose of systematic consideration in legal regulation, which naturally incorporates public law and private law methods. Materials and methods. The implementation of research tasks was achieved based on the analysis of scientific literature on the research topic, as well as legal acts. Comparative legal and formal legal methods were used. Results. Based on the analysis of scientific literature and legislation, several approaches to the study of the concept of quality of life in law have been identified. Quality of life is considered as a value protected by law, in the context of human rights and principles of law, from the point of view of security, purpose, vector of legal regulation, from the standpoint of assessing the impact of certain phenomena on legal regulation, as well as the procedural component. The features of taking into account the concept of quality of life in the legal regulation of economic and related relations are outlined. Conclusions. The interdisciplinary nature of the concept of quality of life determines the complexity of the legal regulation of social relations, includ-ing not only economic, but also labor and other relations. It is important to identify a list of subcategories in the concept of quality of life (institutional quality, quality of working life, health-related quality of life, etc.). The quality of life in terms of legal protection of human rights and freedoms can be considered as a criterion for assessing the effectiveness of government regulation in general. Legal regulation of the economy based on taking into account the concept of people's quality of life is naturally based on constitutional values. The quality of life in modern conditions acts as a vector of legal regulation of economic and related social relations.

Women protection from practices of violence has been stipulated in many international and national laws. Apart from this, there are still many violence against women, in particular in South Sulawesi and North Sumatera Provinces. This study discusses the implementation of laws on women protection from violence in both provinces from the perspective of law enforcement concept. The study comes to conclusion that law enforcers in both provinces have performed many efforts to protect women from various acts of violence. it is also found that there are some problems in the implementation of various respected laws related with the regional government regulations in lieu of the various laws, as well as with the performance of law enforces and women as victims of violence in the two provinces.

This research aims to analyze the factors that cause the violation regulation of the charge transport of goods, to see the implementation of traffic and transportation laws which regulate the rule of the charge transport of goods and to review the exertions that can be done in law enforcement to the violation regulation of the charge transport of goods on the road of district. This research is the research of sociolegal law using the combination of normative juridical and empirical juridical method which having descriptive characteristic and perspective form. After analyzing the data, noted that the factors of the violation regulation of the charge transport of goods on the road of district: 1) the law substance, the legislation of traffic and transportation has not clearly organized the system of punishment for the offender of the violation regulation of the charge transport of goods on the road of district; 2) the law structure, the low quality and quantity of law upholder and also the low quality and quantity of law enforcement’s tools and facilities; 3) the law culture, the low level of work motivation, low commitment and low moral integrity of law upholder, along with the public’s obedience and knowledge about the determinate regulation of the charge transport of goods. The implementation of laws which controls the certain regulation of the charge transport of goods on the road of district is not done optimally by the inhabitants, the law culture of society and law upholder. The exertions that can be done as the law enforcement of the regulation of the charge transport of goods on the road of district are in preemptive way or using punishment, in preventive way and repressive way or using punishment tools.