CORRELATION OF LAW AND ORDER WITH LEGALITY AND DISCIPLINE: THEORETICAL AND LEGAL APPROACH

Abstract

The article considers the main approaches to understanding the relationship between law and order, legality and discipline. It was emphasized that law and order, legality and discipline are the basis of any law enforcement activities, especially in the conditions of martial law. Therefore, their strengthening is one of the main tasks facing society and the State, as well as the main activity of law enforcement agencies, including the implementation of its functions. It was found that the most widespread scientific view of legal order as the exact and consistent observance of legal norms (realization of rights and obligations, legal relations that correspond to the norms of law), the realization of its requirements in certain social relations; the state of realization of subjective rights and fulfillment of legal obligations by participants in legal relations. Therefore, law and order is a product of action in the society of the rule of law. Among the various forms of law enforcement application of law occupies a special place, the most important feature of which is the state-authority nature. Currently, legal science does not have a single methodological approach to defining the fundamental ideas that reflect the essence and content of legality. The fundamental principles of legality in the sphere of law and order are the supremacy of the Constitution of Ukraine and the law; unity and expediency of legality. The problem of preventing violations of the law is not only a legal problem. To solve it, objective factors that create conditions for committing offenses must be eliminated. Legality is related to the law enforcement activity of all legal subjects, being its qualitative characteristic. Its structure includes: principle of legality – method of legality – regime of legality, which actually determines scientific and practical significance. Strengthening law and order as well as discipline in society is impossible without ensuring legality in the activities of law enforcement agencies, as well as minimizing illegal manifestations (corruption, permissiveness, indifference, etc.). The main features of the relationship between law, order and discipline (homogeneity, regularity) and differences between such concepts are highlighted (law and order consists of the entire set of social relations regulated by legal norms, while discipline consists of only some of these relations).