The place of judicial enforcement in the process of implementation of legal norms (on the example of the enforcement activity of administrative courts and courts whose competence includes consideration of cases on administrative offenses)

Abstract

The article discusses the characteristics of judicial application of legal norms as a stage of implementation of these norms. It is noted that judicial enforcement neither in administrative proceedings nor in the process of court consideration of cases on administrative offenses cannot start the process of implementing legal norms. In the first case, the appeal to the administrative court occurs as an element of the protection of the rights of a certain subject, that is, the actions for the realization of the right due to it were already carried out by this subject and for some reason (most often - due to the reasons for their violation by subjects of authority) were not implemented and require the intervention of the judicial branch of government. In the second case (in administrative-delict proceedings), the participation of the court is also a continuation of certain relations that have already arisen (when prohibitions were violated) and require a state response. In both cases, judicial enforcement also does not complete the process of law enforcement, because further actions (voluntary or coercive) to implement court decisions are foreseen. Having studied scientific views on the staged implementation of legal norms, the author proposes a simplified model of it (regarding judicial enforcement in the order of administrative proceedings), in which judicial enforcement can appear as the second stage of the process of implementing legal norms (the first is unsuccessful (due to obstacles or any other reasons ) an attempt to implement in the forms of “execution”, “use” or “observance”, the second – appeal to the administrative court and the latter’s actions from judicial application). The author’s position is expressed regarding the mandatory or optional nature of judicial enforcement as a stage of legal enforcement. It is noted that the law enforcement activity of the administrative court cannot be recognized as a mandatory stage from the point of view of the initiative of its initiation, because the established right to judicial protection may not be realized by subjects of private law. On the other hand, if there is such an appeal to the court for protection, its consideration is mandatory. Judicial enforcement is mandatory in cases where it is necessary to protect the interests of the state and maintain law and order. In particular, in the case of the commission of an administrative offense, the consideration of which is assigned to the competence of the court, judicial enforcement is mandatory, if all the necessary conditions for its implementation are present. The provision on the lack of interest of law enforcers in the final results of their law enforcement in relation to judicial enforcement is discussed, taking into account the peculiarity of the law enforcer – the court, which, as a representative of the judicial branch of government, which is one of the branches of state power, has a certain indirect interest in the results of its law enforcement (interest from the position of global interest - ensuring the operation of justice).