Tarakhonych T. I. Legal forms of governance as an instrument of functioning of legal regulation mechanism
Approaches to understanding such important categories of juridical science as legal forms of governance are characterized in this article.
Analysis of legal forms of governance has been done in the context of theoretical (substantive) and methodological aspects. The definition and specific features of these types of activity are characterized and highlighted on general theoretical and methodological levels, defined its place in legal regulation mechanism.
Analysis of legal forms of governance is done according to theoretical and methodological aspect. Theoretical aspect includes ability of analysis of legal forms of governance taking into consideration mechanism of appearance, functioning and changes of scientific ideas, views, conceptions about its variety, provides analysis of its mechanism of categories and definitions; methodological aspect is connected with analysis of methodology of research on this legal phenomenon, formal structure of methods of scientific analysis, usage of dialectical, Aristotelian, systematic, structural and other methods, techniques of analysis of legal forms of governance.
Author gives definition of legal forms of governance, which in its turn means functioning of structural formations with independent status and goal oriented nature, which play corresponding role in legal regulation or legal influence on public relations.
Author highlights that placing emphasis on legal forms of governance is connected with the face of functioning of legal regulation mechanism, in other words with its degrees. Legal forms of governance are the methods of functioning of legal regulation mechanism.
Legal forms of governance are classified into legislative (constitutive as it variant), legal enforcement, law protection, supervise and organizational activities etc. depending on its kind of activity.
Author analyzes connection of legal, juridical activity and legislative, legal enforcement, law protection, supervise and organizational activities as variety of legal forms of governance.
On the one hand legislative activity has been analyzed as theoretical category in the context of its inner data, on the other hand it has been analyzed as legal form of governance, complex of organizational actions, aimed to achieving of legal result.
Author points out that legal enforcement activity plays very important role in functioning of legal regulation mechanism and highlights that legal enforcement activity is activity of governmental bodies and public officials on preparing and making individual decisions in legal case based upon legal facts and concrete legal norms.
Law protection activity is separated and characterized as well. It takes special place in the legal regulation mechanism in the context of functional aspect and its structure, because on the one hand it’s the type of legal practice activity, active form of behavior authorized subject, but on the other hand it can be the type of legal relationships, in other words appears between particular sides, one of which must have coercive powers.
Among other forms of legal practice activity, supervise activity, which is type of legal practice activity, element of governmental system, is realized by concrete structures, uses organizational legal methods to provide its activity, has been highlighted as well. The result of legal form mentioned above is achievement of goals which were set by making summative decision, which is aimed to both prevention and detection violations of law and its termination; it is very important factor in supporting effectiveness of legal regulation, legalism and legal order.
The definition and specific features of organizational activity as legal form of governance has been highlighted and characterized.
General conclusions have been made.
Key words: legal activity, juridical activity, legal forms of governance, legislative activity, law enforcement activity, law protection activity, supervise activity, organizational activity, legal regulation mechanism.
