The place and significance of the judicial system in the law enforcement policy of the state

Abstract

The article examines the question of the place and importance of the court in law enforcement policy due to the lack of a unified approach to this issue in modern legal literature. It is noted that this leads to ignoring the true essence of the judicial system and its importance in the development of an effective law enforcement policy of the modern state. At the same time, one can criticize the fact that courts and judicial bodies do not belong to the law enforcement system of Ukraine and it is not possible to talk about any law enforcement policy of the judicial system. That is why appropriate explanations about the meaning of the court in modern conditions, based on the realities of our future (post-war) life, and in the conditions of military confrontation, are necessary. That is why the purpose of the article is to determine the place and clarify the role played by the court in law enforcement policy in Ukraine. It is established that the court as a body of judicial power performs a law enforcement function through the relevant powers to implement the function of legal protection established by normative legal acts. Examples of the participation of the judicial system in the formation of law enforcement policy of the state are considered. It is concluded that the implementation of the legal positions of the Supreme Court, as well as the activity of the Constitutional Court of Ukraine in recognizing unconstitutional norms of law, allow to ensure the protection of citizens’ rights by the state through the judicial system. In addition, in accordance with part 6 of art. 13 of the Law of Ukraine «On the Judiciary and the Status of Judges», conclusions regarding the application of legal norms set forth in the Supreme Court’s rulings are taken into account by other courts when applying these legal norms. In our opinion, these are all elements of law enforcement policy on the part of the judicial system, which is implemented in legal positions on the interpretation of legal norms, which allow protection of the rights and freedoms of people and legal entities. These areas of activity of judicial bodies as a whole affect law enforcement policy, both directly within the scope of their activities and through interaction with other law enforcement bodies (National Police, Prosecutor's Office, Customs, persons and bodies that execute court decisions, etc.) on the republican and international level levels, which allows to coordinate and improve law enforcement procedures, to produce the most effective means of protection and protection of the rights and freedoms of citizens.