The right, like any other tool, hasspecial characteristics of the impact, which are methods, techniques and means. The combination of them and formed a special institution - "Methods of legal regulation."
The concept of species
State as a participant in human relationssociety stands apart in terms of a set of possible behavioral tools. This situation is expressed in what methods of legal regulation it uses.
In order to understand what their essence is,It is necessary to derive the main characteristics of this phenomenon. So, legal regulation is an opportunity to influence relationships that develop within a certain community in a strictly defined area. Such an impact can be both indicative and advisory. The first type is called imperative, and the second - optionality.
Императивный метод правового регулирования is that the state establishes a well-defined model of behavior in a particular situation. And the optional method gives the participants of a relationship a choice between two or more models of behavior. Moreover, 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 what is set by the framework of the law.
The two main methods presented are notthe only way to regulate social relations in a particular country. Some legal scholars identify seven additional methods. But, as a rule, they to some extent reflect the first two. For example, the method of permissions, prohibitions and obligations. This type reflects the combination of imperative and dispositive. So, permissions are more dispositive, while obligations and prohibitions are a classic imperative method of legal regulation. In addition, the presented example reflects not a method, but only a part of it - a method.
Methods of legal regulation
In its practice, the state uses the wholea set of methods, tools and techniques that allow it to perform its main function - to carry out effective management of the affairs of the society living in its territory Still, the main in the aggregate are the methods of legal regulation.
Speaking of them, there are always three mainactions already noted earlier - permission, commitment and prohibition. Moreover, the methods of legal regulation can be used as one of them, and combine.
Permission is a mode of regulation, withwhich the state establishes that an individual or group has the right to perform an action. To a greater extent, the resolution is characteristic of the dispositive method. However, there is an opinion that in a small part it is also characteristic of the imperative. So, this is best reflected in the sanction, when the judicial authority is given the choice of which punishment, depending on the degree of guilt. But this is only a private example.
Binding is the way in which the statethe apparatus forces the individual to act in a certain way. In the case of a proven departure from the instructions, the person is guilty and, as a result, comes the punishment.
The ban is an extreme measure appliedby the state. As a rule, it is established in relation to situations that are vital for society and the state. A striking example of prohibitions are the norms of criminal law in its material part.
Both obligation and prohibition are ways that characterize only imperative methods of legal regulation.
As can be seen, lawyers clearly agreeregarding what should be attributed to the ways. But the methods of legal regulation cause their obvious differences of opinion. Therefore, one should correctly define the latter concepts and clearly adhere to the fact that the method of legal regulation is always a combination of three principles: method, means and method. And therefore it is not allowed to interchange it and its components.
