Email this article Concept of legal practice in the legal implementation mechanism
- Authors: Moiseeva O.V.1
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Affiliations:
- Derzhavin Tambov State University
- Issue: Vol 9, No 1 (2025)
- Pages: 35-43
- Section: General Theory and History of Law and the State
- URL: https://journal-vniispk.ru/2587-9340/article/view/295213
- ID: 295213
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Abstract
The concept and essence of legal practice in the aspect of its importance in the mechanism of legal implementation are investigated. Various approaches to understanding legal practice are presented, and an assessment of the viability of each of these approaches is given. In the course of using analytical and generalization methods, it was concluded that the legal nature of the practice of law is based on two components: active legal activity on the implementation of regulatory requirements and accumulated legal experience, which is the basis for further analytical activities. In the course of considering the essence of legal practice from the perspective of the mechanism of legal realization, it was concluded that there are a number of distinctive features that it is endowed with during the implementation of law. Each feature is given a legal assessment and its implementation in the legal implementation mechanism is determined. As a result, the research concluded that the concept of legal practice in the perspective of the mechanism of legal implementation is based on legal activity (action, operations), where the implementation of law is combined with legal activity (operations), which sets the tone for the interaction of the element and the system. Besides, in the course of the study, a socially oriented focus of legal practice was identified, which is designed, by implementing legal regulations, to accumulate a sufficient amount of information that, when analyzed and summarized, can form a legal experience that is subject to awareness. Within the framework of understanding this experience, several issues can be solved at once: correlation of normative regulations with each other, identification of their real and potential “weaknesses”, assessment of the effectiveness of the legal impact on real legal relations and, having identified shortcomings and deviations, improvement of the legal framework for an effective sustainable process of development of the mechanism of legal implementation.
About the authors
Olga V. Moiseeva
Derzhavin Tambov State University
Author for correspondence.
Email: moiseewaolga@yandex.ru
ORCID iD: 0000-0002-6126-7812
Cand. Sci. (Law), Associate Professor, Associate Professor of Theory and History of State and Law Department of the Institute of Law and National Security
Russian Federation, 33 Internatsionalnaya St., Tambov, 392000, Russian FederationReferences
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