SOCIO-PHILOSOPHICAL NATURE OF JUDICIAL LAW ENFORCEMENT
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178343Abstract
Abstract. The article is devoted to the consideration of the socio-philosophical nature of judicial law enforcement. The paper analyzes various approaches to the nature of law enforcement, in particular judicial, which has made it possible to consider the basic elements of judicial law enforcement as a legal relationship in general. Judicial law enforcement activity refers to the activities of the competent authorities, the main purpose of which is the resolution of legal conflicts through the
administration of justice. The formal specific nature of this activity is expressed in the features of the stages and acts of judicial law enforcement activity derived from the features of the court procedure as a whole, the specific nature of the competence and powers of the courts and procedural forms [1]. However, in its nature, judicial law enforcement is a social activity that requires careful study due to the ongoing political, economic events, as well as the development and reform of national and international judicial bodies. Identifying features of the nature of judicial law enforcement, identifying the main functions of judicial law enforcement as a method of state-power influence on public relations is necessary to develop
further strategies to improve the efficiency of law enforcement practices of the courts and to form a holistic scientific concept of judicial law enforcement activities reflecting the modern realities of law enforcement practice.
Key words: social nature of judicial law enforcement, functions of judicial law enforcement, legal relations,
judicial activities, regulation of public relations.
References
Kurnosova V.V. Judicial Functions: Continuity and Development / Kurnosova V.V. // Baltic Humanitarian Journal. -
- No. 4 (21). - P. 476-478.
Shreuer Ch. Decisions of International Institutionas before Domestic Courts./Ch.Shreurer.- L. 1981. -P. 143.
Muradyan E. М. Truth as a Problem of Judicial Law. - 2nd edition, edited and amended. - M.: Yurist, 2004. — 312 p.
Annuaire de L’Institute de droit international. Vol. 62-II. Paris, 1994.
Bradley C. Intent, Presumptions, and Non-Self-Executing Treaties/C. Bradley // The American Journal of International
Law. 2008. -Vol. 102. -P. 541- 546.
Zorkin V.D. Speech given on the occasion of the opening the judicial year, 21 January 2005/V.D.Zorkin // Dialogue
between judges. European Court of Human Rights. Strasbourg, 2005.- P. 125
Tomash A. Judge and Society. М.: Yuridicheskaya Literatura, 198 - P. 60
Voplenko N. N., Rozhnov A.P. Law Enforcement Practice: Concept, Main Features and Functions: Monograph. -
Volgograd: Publishing House of the VolSU, 2004. — 205 p.
Сasseze A. International Law/A.Cassexe.-Oxford, 2001. – 269 p.
Pogodin A.V., Krasnov E.V., Valiev R.G. The Structure of Practice and Quality of the Objective Law / A.V. Pogodin,
E.V. Krasnov, R.G. Valiev // HELIX. - 2018. - Vol. 8, Is.1. - P. 2447-2450.
Yarkov V.V. Development of the Russian Judicial System in the Near and Distant Future (Brief Theses) / V.V.Yarkov //
Arbitration and Civil Process. -2013. - No. 8. - P. 58 - 64.
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