THE INTERNAL CONVICTION OF THE SUBJECT OF LAW ENFORCEMENT IN THE LEGAL FIELD OF THE STATE

Abstract

Considering the main purpose of the principle of the rule of law of its fundamental components, such as the principle of legality, the principle of separation of powers, the principle of popular sovereignty, the principle of democracy, the principle of legal certainty, the principle of a fair trial, in order to ensure its practical significance (effectiveness, efficiency), the state is entrusted with the obligation at the legislative level to implement the legal mechanism of implementation by bodies of state power (legislative, executive and judicial) of state functions, which must be effective, fair and aimed at affirming and ensuring human rights and freedoms, and its constituent elements must have a complex nature with a transparent and understandable algorithm for its implementation. The key (decisive) structural element of the implementation of the legal mechanism for the implementation of state power (legislative, executive and judicial) functions of the state is the internal conviction of the representative of the state power when he makes decisions/acts. It is obvious that the internal conviction of the subject of law enforcement is based not only on: a comprehensive, complete, objective and direct examination of the available evidence; correct understanding, interpretation and application of common law, substantive and procedural legislation; reflecting social changes while remaining in accordance with modern conditions; competence, professional ethics, integrity, and is a broader legal phenomenon. Therefore, the introduction at the legislative level of such a legal phenomenon as the internal conviction of the subject of law enforcement (in particular, the court), which is one of the key elements of the legal mechanism of implementation of state functions by state authorities and ensuring the practical significance (effectiveness, efficiency) of the principle of the rule of law, unfortunately, it did not find its proper reflection both at the legislative level of the state and in the judicial practice of national courts. Today, in the law enforcement sphere of state activity, in particular, there is no disclosure of the main constituent elements, the limits of the application of such a legal phenomenon as the internal conviction of the subject of law enforcement (in particular, the court), which would have a complex character with a transparent and understandable algorithm for its practical implementation by the state authority. Such uncertainty can lead to failure to ensure the practical significance (effectiveness, efficiency) of the principle of the rule of law and a poor quality result of the application of the legal mechanism for the implementation of the functions of the state by state authorities – ineffectiveness in ensuring human rights and freedoms.