Methods of legal regulation - the basis for interaction between state and society
Right, like any other instrument, hasspecial characteristics of the impact, which are methods, techniques and tools. Their totality and formed a special institution - "Methods of legal regulation."
The concept of species
The state as a participant of relations in the humansociety stands apart in terms of a set of possible tools for behavior. Such position is expressed in what methods of legal regulation it uses.
In order to understand what is their essence,it is necessary to derive the main characteristics of this phenomenon. So, legal regulation is an opportunity to influence the relations that are formed within a certain community in a strictly defined territory. Such an impact can be either indicative or recommendatory. The first kind has received the name of imperativeness, and the second - disposability.
Imperative method of legal regulationis that the state establishes a clearly defined model of behavior in a particular situation. A dispositive method provides participants with a choice between two or more models of behavior. And if in the first case the failure to comply with this rule is strictly prosecuted, then in the second case, the participants are free to do so, as established by the framework of the legislation.
The two main methods presented are notthe only possibility of regulating public relations in the territory of a particular country. Some lawyers sing out seven additional methods. But, as a rule, they reflect to a greater or lesser extent the first two. For example, the method of permissions, prohibitions and obyazyvaniya. This kind of best reflects the combination of imperative and dispositive. So, permissions are more dispositive, whereas compulsions and prohibitions are a classic imperative method of legal regulation. In addition, the presented example does not reflect the method, but only its part - the way.
Methods of legal regulation
In its practice, the state uses the wholea set of methods, tools and techniques that allow him to fulfill his basic function - to carry out effective management of the affairs of the society residing on its territory. But all the same, the main in the presented set are the ways of legal regulation.
Speaking of them, there are always three mainactions already noted earlier - permission, binding and prohibition. And the methods of legal regulation can be used as one of them, and combine.
Permission is a method of regulation, withwhich states that an individual or group has the right to take any action. To a greater extent, permission is characteristic of the dispositive method. However, there is an opinion that in a small part it is also characteristic of the imperative. So, it is best reflected in the sanction, when the judicial body is given a choice, which depending on the degree of guilt to impose punishment. But this is only a specific example.
Obliging is the way in which the statethe device forces the individual to come in a certain way. In the case of a proven departure from the instructions for a person, guilt is recognized and, as a consequence, punishment occurs.
Prohibition is an extreme measure appliedstate. As a rule, it is established in relation to situations of vital importance for society and the state. A vivid example of prohibitions are the norms of criminal law in its material part.
Both obyazyvanie, and prohibition are the ways characterizing only imperative methods of legal regulation.
Apparently, lawyers clearly agree in opinionAbout what should be attributed to the methods. But the methods of legal regulation cause them to have obvious differences of opinion. Therefore, it is necessary to correctly define the latter concepts and clearly adhere to the fact that the method of legal regulation is always a combination of three principles: the method, the means and the reception. And therefore, it is not allowed to interchange it and its components.
