Law enforcer's reasonableness
Purposes of law enforcement are determined by the interests of society and the state. The law should provide for certain boundaries for such activities. However, any legal provisions are just a set of tools, the appropriate use of which is entirely dependent on the authorized persons. There is no doubt that the law enforcer's discretion should not go beyond reasonable. Reasonableness as a legal category should characterize the subjects of law, their thinking and behavior both in the creation of legal norms and in their implementation. The task of the legislator is to pass reasonable regulations that can effectively regulate spheres of social relations. In turn, the parties involved acting within the established boundaries should choose the most optimal way of their development. Russian legislation contains several provisions designed to ensure the reasonableness of law enforcers: rules establishing requirements for persons applying for the appropriate public office; norms that define their rights, obligations, principles of action; and rules on penalties for negligent performance of duties. All these provisions undoubtedly play an important role, but they should not be overestimated, because external factors alone are not enough to achieve the lofty goals set by the law. It is necessary to form a proper, informed and conscientious thinking. The law is not capable of making subjects applying the law become spiritually developed in an instant,. It can not define the content of this criterion. And it should not. This is a task of a different science - psychology which in recent years has done a lot of discoveries to successfully solve these issues. In modern jurisprudence new approaches are universally developed to the challenges it faces, concrete measures to improve the law are proposed, new approaches to the reform of the legal system as a whole are created. In turn, psychological knowledge opens up new horizons to the knowledge of the personality, the ways of its development. Constant interaction of scientific data and integrated application of the results can significantly increase the level of professionalism (in the true sense of the word) of law enforcers.
Keywords
разумность, правоприменительная деятельность, психология, reasonableness, law enforcement, psychologyAuthors
Name | Organization | |
Volynets Kristina V. | Western Siberian Branch of the Russian Academy of Justice (Tomsk) | lafarm@yandex.ru |
References
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Law enforcer's reasonableness | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2014. № 1 (3).