The Nature and Essence of the Law Enforcement Legal Process: Problem Statement

Abstract

The authors, in order to pose the problem, state their point of view about the nature and essence of the law enforcement legal process that has not received proper development in legal science. The theoretical foundations of the subject under study are considered: legal realization and law enforcement, including law enforcement activities and law enforcement process, then the key provisions of the theory of the legal process and its types. Research in this vein required starting it with certain aspects of legal realization, which includes its special form – law enforcement, the value of which lies in ensuring and obtaining appropriate results. There are different opinions on the essence, content, types, etc. of the legal process, which is explained by the presence in legal science of narrow and broad approaches to the definition of its concept. For the most part, scientists support the idea of a broad understanding of the legal process as a complex system of legal forms of state activity, extending it to other areas. The signs of the legal process (legal activity, special subject composition, procedural nature, relevance to the resolution of legal cases, etc.) indicate its essence, which should be understood as a complex legal means by which procedural activities for the consideration and resolution of legal cases (legal disputes) are regulated. From the author's point of view, the law enforcement legal process is only a jurisdictional process carried out by all forms of legal proceedings. Consequently, the nature and essence of the law enforcement legal process manifests itself during and according to the results of constitutional, civil, arbitration, administrative and criminal proceedings and consists in judicial review and resolution in procedural form of legal cases (legal disputes) in order to obtain a legal, socially significant result.