Place of concepts “legal force”, “effect in time”, “application” of legal norms in the category framework of various branches of law
Автор: Kuznetsova O.A.
Журнал: Ex jure @ex-jure
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 2, 2022 года.
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One of the important guarantees of effective exercising of rights and duties is the implementation of clear rules defining the issues associated with the legal norms legal force, time-related effect and application. At the same time, the current legislation contains a rather complicated system of temporal principles. One of the topical scientific, legislative and law enforcement issues in this sphere is the correlation between the categories of the force, effect and application of law. The theory of law and various branches of law contain many approaches to solving this issue starting from complete identification and finishing with absolute distinction. The purpose of the article is to analyze the adopted doctrinal views on this side of the legal norms temporality and the relevant legislation. It is proved that these categories are not coincident. A regulatory legal act may have been terminated but have an ultra-active effect, and the acts recognized as invalid and suspended may be ineffective but remaining their legal force. The application of law is associated with the choice made by the law enforcement officer in case of contradiction between the legal norms in force and in effect regulating the same relations.
Temporality of law, law entry into force, putting legal norms into effect, the effect of legal norms in time, legal norms application
Короткий адрес: https://sciup.org/147238235
IDR: 147238235 | DOI: 10.17072/2619-0648-2022-2-19-35