Functions of judicial enforcement: administrative and legal aspect

In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author’s understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court’s activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement.