Social and Legal Studios

Abstract

Scientific approaches to the concept and content of the police authority's prescription are considered, in particular the legal nature, structure, peculiarities of varieties, functional purpose, and legal establishment in the mechanism of legal regulation of preventive activities of the bodies of the National Police. Problems of the theory and practice of application of the legal instruction are analyzed; the views of scientists on their types are determined. The internal structure of prescriptions of law is investigated and the provisions on the necessity for their classification are grounded. The nature of the relationship and interaction of the legal instruction with the methods of legal technique are defined. The functions of the legal constructions of police regulations are analyzed. In the process of analyzing the provisions of the legal framework and the practice of preventive activities of the bodies of the National Police, on the basis of the meaningful and functional characteristics of legal structures as a means of law-making technique, the concept of legal instruction is determined. Police instructions are acts of exercising police powers of control and supervision; they have precautionary and preventive nature, which allows to promptly eliminate the detected violations without simultaneous limiting the rights caused by the application of administrative responsibility measures for the offense committed for the first time; they are performed in the form of an individual legal act, which contains a powerful management decision that expresses a legitimate and justified request of an authorized official to eliminate these deficiencies within the prescribed time limits, subject to appeal in accordance with the established procedure. The imperfection of legal regulation in the context of preventive activities is proved by means of the prescriptions provided by the police. Some problems of functioning of the system of instructions in the field of arms and ammunition in circulation and road safety are identified and the legal tools for the solution of legislative regulation of legal instructions by the police authorities are proposed

Keywords: prescription of law, content, concept, preventive activity, legal regulation, police authorities, functions and structure of legal instruction

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