Acts of law implementation as result of the manifestation of will by legal subjects: theoretical aspect

Анотація

Introduction. The article is devoted to a comprehensive theoretical study of the acts of law implementation, which by their nature are lawful volitional acts of legal subjects. Acts of law implementation serve as a key link in the mechanism of transforming abstract legal norms into the actual rights and obligations of legal subjects. The relevance of the study is driven by the rapid pace of scientific and technological progress and the digitalization of social relations, which necessitates a rethinking of traditional approaches to understanding legal behavior as an external expression of the will (manifestation of will) of legal subjects in the process of law realization. The aim of the article. The purpose of the article is to refine the categorical apparatus concerning the acts of law implementation, specifically their definition, forms, and types at a general theoretical level. Results. It is substantiated that acts of law implementation, as an external expression of the will (manifestation of will) of legal subjects regarding the realization of their rights and obligations, can take two forms: the oral form of “acts-actions” and the written form of “acts-documents.” At the same time, in the modern context of the digitalization of social relations, the methods of external manifestation of will by legal subjects are undergoing corresponding changes. Thus, the methods of external manifestation of will in oral acts of law implementation include the performance of conclusive actions (actions, inaction, voice, gestures), while the methods of external manifestation of will in written acts of law implementation include paper or electronic documents (individual legal acts and individual legal contracts). Significant attention in the article is devoted to the oral form of acts-deeds and conclusive actions as a means of expression of will. Modern methods of expressing will in the digital age, which clearly indicate a subject’s intent to enter into legal relations, are analyzed. In the context of written acts-documents, the features of individual legal acts and individual legal contracts are examined. Conclusions. It is concluded that today the issue of acts of law implementation requires rethinking at a general theoretical level, particularly in the context of the rapid digitalization of social relations. Acts of law implementation are quite diverse, covering all branches of law, and remain a subject for further scientific research aimed at developing a unified and harmonized understanding of them. Keywords: law implementation, acts of law implementation, oral (behavioral) acts of law implementation (acts-actions), written (paper and electronic) acts of law implementation (acts-documents), methods of manifestation of will, conclusive actions, individual legal act, individual legal contract.

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