Realization of law - the implementation of legal norms in the behavior of legal entities.
There are several classifications of the forms of realization of law. The most common is the separation of implementation by methods of legal actions and which regulations are implemented ( subjective law , legal obligation or legal prohibition ). Accordingly, they distinguish: use (implementation), execution and compliance [1] . As a special form of realization of law, the application of law is singled out.
Use - is aimed at exercising the subject's powers, and at his discretion, both active and passive behavior can take place here. The norms of law are implemented that give the subject rights.
Execution - requires the subject to take active actions related to the implementation of binding instructions. This is especially true for different state bodies and officials of state and non-state organizations, since many of them are created and operate, first of all, to comply with the rule of law.
Compliance is the passive abstinence of the subject from performing acts that are prohibited. The state, having assigned a specific duty to various subjects of social relations, has the right to demand compliance with these requirements from the entities, and, if necessary, force them to do so.
The application of law is an active government activity of the state in the person of its competent authorities to resolve a specific legal case. Application is the exact, steady strict observance of laws, i.e. rule of law.
Sources
- ↑ Theory of State and Law: Textbook / Ed. M.N. Marchenko. - M .: Publishing house "Mirror", 2004. (Classical university textbook).