Melnikov, V.Y. Observance of human rights within the mechanism of legal regulation

Abstract: The mechanism of legal regulation includes all of the variety of the legal means, not being limited to the normative legal acts, but also including acts of their implementation. The mechanism of criminal procedural regulation is a united system of legal means, which Includes norms of criminal procedural law, criminal procedural relations, application of criminal procedural norms, criminal procedural law-enforcement acts, which include legal regulation and influence in the sphere of criminal judicial procedure. Implementation of rights and obligations is quite important for the criminal judicial procedure. It should be implemented precisely as prescribed by law. Otherwise, the goals and aims of the criminal judicial procedure shall not be met. While there is no unilateral approach to the understanding of the legal regulation mechanism, one should recognize the following elements of this mechanism: norms of law, legal relations, acts of implementation of law, legal conscience and legal culture. The mechanism of legal regulation in the sphere of observance of human rights Is a united system of legal means, which guarantees the efficient legal influence on the social relations in the sphere of human rights and freedoms. It allows one to comprehend more deeply how the transformation of the requirements of law and legal positions into the behavior or people is implemented, what stages this process includes, what obstacles arise and how one could avoid them. The mechanism of legal regulation shows how any specific link in a chain of actions towards achieving the goals of legal regulation works, and it allows to find the key legal instruments, which have certain hierarchical standing among all others.

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