ПРАВОВІ ЗАСАДИ ЗАБЕЗПЕЧЕННЯ ОХОРОНИ ТА ПІДТРИМАННЯ ГРОМАДСЬКОГО ПОРЯДКУ В СУДАХ ТА МІСЦЕ СЕРЕД НИХ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ

Abstract

The article, based on the analysis of scientific views of scientists and norms of the current legislation of Ukraine, describes the legal principles of ensuring the protection and maintenance of public order in the courts and identifies the place among them administrative and legal regulation. There are two main approaches to understanding the principles of law: according to the first, the principles of law are principles of law, that is, these concepts are synonymous; according to the second one, such is the system of normative legal acts, above all the laws, the provisions of which regulate the legally significant characteristics, aspects of the respective legal relations. It has been established that the principles of ensuring the protection and maintenance of public order in the courts are basic (basic, starting), general, imperative requirements, rules on which the functioning of the legal mechanism for ensuring the protection and maintenance of public order in the courts is based. These principles are formed on the basis of scientific knowledge of objectively existing patterns of social life. It is established that today in our country the basic legal principles necessary for effective maintenance and maintenance of public order in courts are laid. As the current legislation defines both general principles and specific rules governing the substantive and procedural aspects of the implementation of the provision. It is proved that the importance of administrative and legal regulation for ensuring the investigated order is due to the fact that the branch of administrative law regulates public relations that contain an element of public power. Most often, this right is associated with the activity of the executive power, but today its scope is much wider, since the regulatory influence of its means is affected not only by the executive and administrative activity of the bodies of the specified branch of government, but also by the activity of other bodies of state and local self-government. In particular, by means of administrative and legal regulation, the legal bases of activity of competent entities (bodies and officials) in ensuring the investigated public order are determined: the powers of these entities, the forms, means and instruments of protection and maintenance of public order available to them, application procedures measures for its protection; interaction of these entities with other state bodies and the public, etc.