“Pravova derzhava”. Issue 37 (2026), pages 174–182.
DOI: 10.33663/0869-2491-2026-37-174-182
Bohinich Oleg
Observance of legal norms: classical and post-classical approaches under martial law
ISSN online: 2617-9776 print: 0869-2491
Modern social relations are experiencing significant volatility, which is why there is a problem of proper regulation of social relations in the context of achieving the goal of such regulation through appropriate forms of law enforcement, in particular through the mediation of such a form as compliance.
The purpose of the research is to find new mechanisms of compliance as a form of law enforcement, which takes place, including under martial law.
Research methods include the following: dialectical, formal-logical, comparativelegal, sociological.
Based on the use of the mentioned methods, it was established that, traditional for the theory of the state and law, compliance (observance) with the norms of the law is understood as a form of implementation of the norms of the law, under which the subject does not commit actions prohibited by the prescriptions of the law. When observing (observing) legal norms, the subject’s behavior is consistent with prohibitive norms, that is, prohibitive norms of law are implemented. Prohibitions indicate behavior that is undesirable for society and the state. Prohibitory norms may not directly formulate the prohibition, but it logically follows from the content of the norm: if the sanction of the norm establishes legally negative consequences, then such actions are prohibited by the legislator. Observance (observance) of legal norms is carried out by the passive behavior of subjects: they do not perform actions prohibited by legal norms, and in this way comply with legal prohibitions. At the same time, in modern Ukrainian science, the approach according to which compliance is a form of implementation of legal norms, which includes both refraining from prohibited actions and active behavior aimed at maintaining law and order and preventing offenses. Thus, there are two different methodological approaches to clarifying the legal nature of such a form of law enforcement as compliance. From our point of view, such an antinomy should be resolved with the involvement of such legal concepts as absolute and relative legal relations. This can be illustrated by the example of the observance of such a political right of citizens as the right to hold various public events.
Thus, in accordance with Article 39 of the Constitution of Ukraine, citizens have the right to assemble peacefully, without weapons, and to hold meetings, rallies, marches and demonstrations, the executive power bodies or local self-government bodies are notified of their holding in advance. This right can be identified as an absolute right of citizens, which they can exercise subject to certain conditions defined by law. In the case of holding a specific demonstration, this is an absolute right and, accordingly, the absolute legal relationship is transformed into a relative legal relationship, where certain organizers, as the authorized subject of such an event, are opposed by an obligated person in the form of a specific police unit, whose task will be to ensure compliance with such a public right as holding a demonstration. This compliance will consist in their obligation to refrain from obstructing the implementation of this measure, i.e. passive actions.
At the same time, in case of violation of the right to hold demonstrations by third parties, police units will be obliged to take active actions to ensure the implementation of the specified political right of citizens. In other words, compliance as a form of realization of the right, in this case the right to demonstration, in addition to the prohibition of obstructing such a right, simultaneously involves active actions in case of its violation by third parties. That is, the goal of exercising the right cannot be achieved only by refraining from certain prohibited actions, but requires the active actions of authorized subjects.
Thus, it seems legitimate to conclude that for absolute legal relations the dominant content of compliance is passive actions, and for relative ones — passive along with active ones. Moreover, the implementation of active actions is also characteristic for absolute legal relations, but to a lesser extent than for relative ones. In our example, regarding the absolute right of citizens to hold public events within the limits defined by law, such active actions on the part of the state will be legal education, legal education of members of civil society on the subject of respect for the choice of individual social groups to hold such events, which will make it impossible or reduce the risk of their violation. Therefore, we can state the expansion of the content of such a form of realization of the right as compliance from such a variety of actions as passive to active actions.
Keywords: implementation of law, compliance with legal norms, absolute and relative legal relations.
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Дата першого надходження рукопису до видання: 19.02.2026
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Дата публікації: 24.03.2026