Law protection in the state - what is it?
The purpose of law protection from the position of legal regulation of the relations in society is most frequently understood and considered as securing and protection of the rights and legitimate interests of citizens, officials, legal entities and the state. At the same time an important part of this purpose is to ensure that the mentioned subjects perform assigned duties and, if necessary, are held liable as provided by the law. Respectively, law protection exists only where there are actual relations settled by the law, where participants (parties) use the provided rights or fulfill the established duties according to the current legislation, and where the possibility of abuse of rights or non-execution and evasion from the duties is realized. What is most important, law protection is connected with commission of the offenses provided by the law, so that appropriate subjects can be or are brought to the responsibility established by the current legislation. Thus, the conclusion arises that law protection can exist in cases of violation of rights and duties, and offense commission. Every time law protection solves a particular task or achieves a concrete result. If to take such a broad range of possible manifestation and content of law protection, it becomes rather uncertain and its implementation starts clashing with the content of enforcement. Thus, law protection can appear only when enforcement ends, an offence exists, or a right is disputed.
Keywords
правоохранительные органы, правоохранительная деятельность, охранительная функция государства, law protection bodies, law protection, protective power of the stateAuthors
Name | Organization | |
Lon Sergey L. | Tomsk State University | lonsl@mail.ru |
References
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Law protection in the state - what is it? | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2014. № 1 (3).