The application of law - the basis for the legitimate use of existing legislation

The application of law is a process that requires special attention. In this case, the importance is not only the subjects of this action, but also the activity itself. On how correctly the sources of law will be selected , the actors who apply them and the stages are observed, not only the correct result depends, but also the legitimacy of the entire process.

The application of the rule of law is the essence

Entering into any social relations, a person, regardless of his status, acts according to certain social norms. And, of course, the application of law is no exception, especially if the state acts as the acting entity.

In which cases does this occur:

- the main, when the rule of law itself indicates this fact, for example, when drawing up a child allowance;

- when the applicable norm contains elements of subordination to the state as a basic phenomenon, its parts (government and departments);

- when there is a multivariate use of the law - in this case it is the court as a state body that determines the scope of the legal relationship, and therefore performs the corresponding application of the law ;

- the last, but at the same time, voluminous version of the application of law, is to use it as an instrument of punishment for the committed and proven illegal action.

Consequently, based on these cases, we can distinguish that the application of law is characterized by:

- a special subject - the state and / or its bodies;

- bears an individual, strictly directed character for a specific legal fact ;

- has a procedural form determined by law;

- its end should be the nature of a legitimate solution.

Therefore, the definition characterizing the phenomenon under consideration should look like this:

The application of law is a special activity of the state on the individual use of the country's legislation with a binding decision on the situation in question.

To better understand the essence of this phenomenon, you should familiarize yourself with the main stages of its implementation.

Stages of application of law

Like any process, individual implementation of the law with the participation of the state goes its logical steps. With regard to the phenomenon under consideration, it is customary to single out three main stages, approved by both theoreticians and legal practitioners.

The first stage was called "setting the circumstances." At this stage, it is the duty of state bodies to determine all the factual data for a particular fact. Most clearly, this stage is displayed in the criminal process at the stage of preliminary investigation. But it can also be expressed in the evaluation of the data presented.

The second stage is an assessment of the compliance of the applicable rule of law and established evidence. In this case, the government agency examines how a particular case coincides with the hypothesis of the norm. Moreover, both the subject composition and objects, as well as the cause-effect relationship, are evaluated.

The third stage is "Making an individual legal decision", in which the first two stages and their legal result must be clearly reflected. In this case, the state body is obliged to take out the so-called "act of application of law". They are presented with decrees, orders, decisions, sentences.

The stages of the application of law do not allow changes or deviations from a well-defined form. Absence or substitution of one stage for another leads to the fact that the act obtained as a result can be challenged and recognized as illegitimate.

Consequently, the application of law is a clear mechanism that allows not only the state, but also other entities to use legislative and other norms for the exercise of individual rights.