The essence and meaning of the categories "law function implementation" and "forms of law function implementation"

The article discusses one of the most urgent issues of the modern theory of law and state. The author emphasizes that the term "law function implementation" is widely used in the legal literature, but this term is understudied in science. The analysis of the scientific literature published on the implementation of law and its functions and the semantic analysis of the terminology allows concluding that, with regard to the implementation of the functions of law, it means the practice of their implementation in public life. At the same time, since the implementation of law implies specific forms of its compliance, execution, use and application, the implementation of the functions of law is also not possible outside of its specific forms. Attention is drawn to the fact that there is no consensus in the scientific literature about the forms of implementation of the functions of law. Researchers of the question of forms of law function implementation can be divided into two groups. Representatives of the first group (T.N. Radko, A.V. Konstantinova) have an opinion that there are three interrelated forms of law function implementation. These are: 1) bringing legal information on samples of permissible and desirable behavior; 2) formation of specific motives, values, lawful behavior orientations on the basis of the received information; 3) practical implementation of the acquired value orientations connected with law in a specific legal relationship. The second group (A.I. Abramov, I.A. Kurtsev) identify two forms of law function implementation: subjective (legal conscience) and objective (legal relationship). According to the author of the article, since the form of law function implementation is an external feature of law, which is expressed in the efficiency of the law impact, it must meet objective criteria only. Otherwise, it is difficult to assess the effectiveness of law influence generally and each function separately. The author emphasizes that if to recognize legal conscience, awareness or the value system of the person as a form of law function implementation, we will lose our opportunity to objectively assess the "quality of the work" of law. For this reason the only possible form of law function implementation is legal relationships manifested in the implementation of subjective rights and legal responsibilities of their subjects. These conclusions are confirmed by the logical reference to a number of other aspects of the theory of law and state. For example, attention is drawn to the close relationship between the categories "functions of law" and "legal relationship", or the fact that the implementation of other forms of the state-law phenomena are also objective and not directly related to the peculiarities of the legal conscience of the individual or society. It is, for example, categories such as "implementation of law", "implementation of functions of the state" and others.

Keywords

Authors

References