Almanac of law. Issue 16 (2025), pages 84–89.
DOI: 10.33663/2524-017X-2025-16-84-89
Lutcky R. P.
Theoretical and Legal Analysis of the Process of Implementation of Legal Norms (Current Realities and Prospects)
An important task of the general theoretical legal science is to clarify its conceptual and categorical apparatus, one of the components of which is the category of «lawmaking», the disclosure of which will allow to obtain the most complete picture of the legal phenomenon under study. Implementation of legal norms is a traditional issue which is comprehensively addressed in scientific monographs, articles, textbooks and manuals on the theory of state and law. A significant achievement of national and foreign legal doctrine is a thorough elaboration of a number of issues related to various aspects of the issues of implementation of legal norms: disclosure of the content of the eponymous concept, correlation with related categories, differentiation, characterization of forms of direct implementation of legal norms and application of legal norms, etc.
The article is based on an analysis of approaches that appear in different sources of legal theory, reveal distinctive features of realization of legal norms as a multidimensional process which reflects the complex nature of implementing legal regulations in the reality of social life. It is concluded that the realization of legal norms should be understood as conscious activities to the implementation of regulations in the lawful behavior of subjects to achieve socially beneficial results provided by the legislator, and identify social value of this norm.
The word «law enforcement» is a complex one and was formed as a result of combining two roots (law and enforcement). Since its semantic load is similar to the term «realization of the right», which is a phrase. Let us try to answer the question of which of the two terms «realization of law» or «implementation of legal norms» is more appropriate for verbal designation of such a phenomenon of legal reality as the embodiment of the provisions of legal norms in the lawful behavior of legally capable subjects.
The answer to our question depends on the semantic meaning of the word «law» and the phrase «legal norms» which are part of the terms «exercise of law» and «application of legal norms». First of all, we consider it necessary to make some clarifications of the methodological plan.
The reflection (manifestation) of the pluralism of approaches to legal understanding in modern legal science is reflected in different interpretations of the term «law», and within some of them (for example, sociological or psychological) the term «implementation of law» is not used at all. This is understandable, since even the ideas of realization of «living law» or mental reality in the form of imperative-attributive emotions are absurd.
Instead, the concept of «realization of law» has found a proper theoretical justification in normativism and positivism, which, although recently suffered some «reputational losses», remain quite influential in the national legal science.
Key words: state, society, law, realization, process of realization of law.
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