Legal regulation - a complexevents, incorporating many important aspects. They interact with each other, forming the mechanisms of influence. Types of legal regulation are classified according to these aspects. The essence of regulatory actions is a clear alignment of the rights and obligations of each member of society and a description of the criteria according to which it occurs.
Legal impact
Legal impact means the impact of a legalactivities on the life, consciousness and actions of society as a whole and also of its individual units. It occurs using both legal and other social means.
Legal impact on society is accomplished withusing information and value-orientation channel. The first brings information about which actions are allowed and which are prohibited from the point of view of the state. Through the value-orientation channel, with the help of legal norms, the values and heritage of previous generations are assimilated.
Legal regulation: concept, methods, types
The process of influencing public relations in order toTheir stabilization and regulation is called legal regulation. This process is targeted. That is, each legal norm, which is issued by the legislator, has a definite meaning, achieved by using different types of legal regulation. The main point of this impact is ordering.
Legal regulation - the concept of morespecific than legal impact, and is one of its directions. The main distinctive feature is that the methods, methods and types of influence of a legal nature are used in legal regulation. Other social aspects apply as well.
This is not the only difference.Another important feature is that the state body participates in all types of legal regulation mechanism. He creates rules of behavior, communicates them to society, controls their observance. For a clearer understanding of the process, several methods, methods and types of legal regulation are classified.
Public relations
Social connections arising between people inthe process of their livelihoods are called social relations. They can be formed between two people, between a person and a group, between groups. There are several types of social relationships. Applicable to legal interaction should be considered legal relationships.
They involve people who are in this case the subjects of law. Such relationships consist of three elements:
- The subject who takes part in the relationship. It can be an individual, a legal entity and a state.
- The object is considered the subject of legal relations. These are phenomena of reality on which subjective rights and legal obligations (the main elements of the system of legal relations) are imposed.
- The content of legal relations - the actions of the subject in relation to the object. In other words, it is a manifestation or non-manifestation of the elements of legal relations.
In any kind of social relations subjectiverights as legally secured opportunities and legal obligations as a legally enforceable need are inseparably linked. As a rule, each subject-member of a legal relationship has both.
Key element
Types and methods of legal regulationon items. They are in this case those relations in society that are regulated by law. In other words, the regulatory function of law is directed specifically at him.
The subject of regulatory impact includes several interacting elements:
- The subject is an individual or collective participant in public relations.
- The object of regulation is the reason why relations have arisen.
- The actions of the subjects aimed at the object of regulation.
- Reasons for the formation and termination of relationships.
It should be noted that not all social tiespossible to settle in terms of the law. Accordingly, not all relationships can be considered subjects of legal regulation. The law regulates only those relationships that contain a conscious and volitional aspect.
Regulation method
Methods of regulatory activities byrights are instruments of influence on relations in society. Each method of regulation has a complex structure that includes several elements: methods, means and techniques. Objects and methods of various types of legal regulation are the most important system-forming factors. First of all, they determine a systematic division of the right to branches.
The methods determine the specifics of the settlement.legal relationship. Its task is to ensure the effectiveness and purposefulness of the impact of the law on relations in society. The method of regulation is not considered as an independent concept and directly depends on the subject, due to which social relations arise. The choice of method of exposure is determined directly by the subject of exposure.
What is the regulatory method aimed at?Firstly, it establishes the boundaries of legal relations, depending on the characteristics of the subject. Secondly, it plays a legislative role, issuing regulations that stipulate legal possibilities and necessity. Thirdly, it empowers the subjects of the relationship with legal capacity and capacity to ensure that they enter into certain relations. And, fourthly, the method of regulation determines the degree of responsibility of the participants in the relationship for the infringement of another's interest and non-performance of their duties.
Branches of law
Their occurrence is due to the diversityitems and settlement methods. In each industry there is an effective combination. Under the industry should be understood a complex of legal institutions that regulate a particular area of social relations. The branch of law as an independent institution consists of means and methods of influencing relations between the subjects in a certain sphere of their life activity and ensures the settlement of relations in society.
Branches of law can be classified into severalgroups. Majors are considered major industries, such as administrative and civil. To special include labor, family law. Complex are branches, in which main and special systems of law are included. For each branch of law, certain methods and types of legal regulation are provided.
Classification of legal receptions
Каждый метод регулирования направлен на a certain branch of law. The main ones are imperative and slide-positive methods. The essence of the first is the inequality of the subjects of relations, since one of them is the state. Imperative provisions fix legal regulations, permissions and prohibitions, providing state enforcement. Accordingly, the application of the imperative method consists in forcing the subject by a state body.
An important characteristic is thatthe managing subject (state) does not need consent for execution from the subject to which the obligation is directed. However, the addressee has the right to participate in the discussion of a rule of law and control the scope of authority of the controlling entity.
The dispositive method is characterized by equalitysubjects of relations. In this case, the participants of legal relations independently and by agreement distribute the possibilities and necessity within the framework of the law. Thus, the parties to the relationship themselves make the regulation, defining the rules specific for the given case, stipulated in advance in legal acts.
The above methods are basic, but notthe only ones. There is a promotional method often used in the labor law industry. The recommendation method is applicable when non-governmental organizations enter into relations with the state. In this case, the imperative method cannot be applied, and the regulation is of a recommendatory nature.
Facilities
They are legal instruments.regulation, the use of which provides the regulatory function of law. In the first place, legal norms act as a means of regulation. These also include legal opportunities and necessity, restrictions and incentives, legal acts, penalties and others.
Interacting and combining with each other, meansregulation underlie the mechanism of legal exposure. It helps to solve problems in social relations. There are a lot of legal means, but it should be noted that all of them are consistent with the rule of law. Otherwise, the funds can not be considered legal.
Ways and types of legal regulation
There are three options for regulatory regulation.relationship. This permission, obligation and prohibition. Additional methods include coercive measures, preventive measures, incentives, and so on.
Permission (entitlement) entitles the subjectlegal relations to perform certain actions in the framework of legal norms. Obligation dictates to the subject the need to perform any actions in order to satisfy the interests of the competent subject. Prohibition - the need to refrain from certain actions. Prohibition can also be considered as a form of obligation, that is, a ban on an action is equivalent to an obligation not to commit it.
Types of legal regulation are determined by a combination of methods. Depending on the prevalence in the regulation of a particular method, there are two types of effects.
General type
General legal type of regulationbased on the principle: everything is allowed, except what is prohibited. According to this type of exposure, prohibitions are clearly indicated, and the permissions are not defined. The general permissive type is aimed at manifestation of the independence of the subjects of relations in decision making. It gives subjects the opportunity to choose the means and methods within the framework of legal norms.
General type does not apply to eligiblesubject, as this may lead to abuse of rights. Regulation of state activity is carried out with the help of a permissive-binding type. It assumes that the powers are provided in a limited amount required for the performance of duties. Thus, this type of regulation allows everything prescribed by law.
Permissive type
The principle of permitting the type of legalregulation is contrary to the general permissive: everything that is not allowed is prohibited. That is, the subject of legal relations can perform only those actions that allow legal norms. This type strictly limits the competence of the subject, prohibiting initiative and independent decision-making.
