Page 170 - 6421
P. 170

- law enforcement – state activities, which is expressed in the use
                  of  measures  to  enforce  the  law.  It  concerns  mainly  the  issuance  of
                  power  individual  acts,  that  is,  the  acts  that  are  issued  only  for  this
                  particular case (for example, the issuance of one-time planning act for

                  construction, the appointment of a citizen to a position).
                         -  law-enforcement  (law  enforcement)  –  state  activity  which  is
                  expressed  mainly  in  the  control  and  supervision  of  observance  and

                  enforcement  of  norms,  as  well  as  in  the  application  of  coercive
                  measures to their offenders. While implementing this function, legal
                  cases  related  to  the  application  of  legal  sanctions,  disputes  between
                  individuals, etc., are weighed.

                         Methods of performing the functions can be divided into legal
                  and non-legal (organizational). The legal method is realized with the
                  help  of  three  above-mentioned  forms,  and  non-legal  one  includes:

                  economic (subsidies, state orders, regulation of prices, etc.); political
                  (coordination  of  positions  of  different  political  parties,  international
                  negotiations,  etc.);  ideological  (appeals  to  the  public,  calls,  etc.);

                  actually organizational (planning, programming, control, etc.).


                         1.2. Law: concept, attributes and functions.


                         The  concept  of  law  is  closely  linked  to  the  concept  of  human
                  freedom  as  a  phenomenon  that  is  inherent  in  all  living  beings  in
                  nature, but a man lives in a society, among other people. How much
                  freedom does a person in fact have in his/her actions in the society?

                  How  long does this freedom extend?  The humankind has found the
                  answer to this question: as long as the freedom of other people or the
                  community is not limited. But in every big community (and the state

                  is  a  big  community)  the  answer  was  different  in  various  historical
                  periods.
                         The question of law’s emergence should be considered from two
                  points of view: the law, created by the state and the law as a natural

                  social  phenomenon.  The  emergence  of  law,  as  a  general  rule  of
                  conduct,  cannot  be  separated  from  the  socio-economic  and  political
                  factors of society's life. It arises as a natural law of society’s members,

                  family,  tribe  and  exists  in  the  form  of  subjective  rights  and
                  obligations, in the form of legal practices, having a moral, religious,




                                                              170
   165   166   167   168   169   170   171   172   173   174   175