Judicial enforcement as a specific type of law enforcement: administrative and legal aspect

Abstract

In the article, the author reflects on the possibility of recognizing judicial enforcement as a specific type of law enforcement. Proceeding from the already finally formed position of recognition of application as a separate independent form of implementation of the norms of administrative law, along with its other forms - implementation, compliance, use, the author directs his scientific search to the study of the specifics of law enforcement by its special subject - the court . Having analyzed the arguments available in scientific sources about the specifics of judicial enforcement, the author rejects most of the features that are proposed in scientific sources as being inherent only in judicial enforcement (simultaneous and related application of not only the norms of substantive law, but also the norms of procedural law; legal interpretation activity court; the need to coordinate judicial enforcement with judicial practice) as those that characterize the enforcement activity not only of courts, but also of other subjects. Such a deficiency of normative regulation is indicated, such as the lack of normative definitions of the concepts of "norms of material norm” ("material norms”, "substantive law”, other similar), "norms of procedural law” ("procedural norms”, "procedural law”, other similar ), as well as "application of legal norms”, "application of material law norms”, "application of procedural law norms”, etc. As criteria for distinguishing judicial application as a separate type of law enforcement, the author considers: the specificity of the subject of application itself; different from other cases of (non-judicial) application of normative regulation of relevant procedural issues, and the content of the concepts "type” and "typing” is taken into account. It is indicated that, in the absence of a unified approach to determining the content of all forms of implementation of legal norms (execution, use, compliance, application), it is problematic (and will remain until the normative resolution of this issue) to attribute certain actions of the court in the implementation of procedural norms to certain specific forms The author considers the possibility of interpreting the actions of the court to implement procedural norms in some cases as "use” and in others as "application” as a promising direction for further discussions.