The right influences relations in societyin different ways: in some cases it prohibits, in others, on the contrary, obliges, but in the third allows. This behavior in practice and in theory is called legal regulation.
The three presented options actually respondto the question of how the law regulates, but does not disclose what means it will use for this. That is why in the legal science the institute was worked out - the mechanisms of legal regulation.
Concept and constituent elements
The mechanism of legal regulation is a special set of means by which the management of relations in society is carried out. In this case, it is distinguished by a number of features:
- it is always legal means;
- the purpose of this mechanism is only to achieve the legitimate use of the granted rights or freedoms;
- the task of the process under consideration is the removal of alleged, but not always binding, obstacles to the exercise of rights.
Given these characteristics, the mechanismlegal regulation can be defined as a special set of means for the legitimate exercise of the rights used to prevent probable problems in the way of their implementation.
Scientists distinguish in addition to the characteristics and different classifications of the phenomenon under consideration by the criteria of the role and type of regulation.
So, mechanisms of legal regulation depending on the type are of two types:
- generally permissible, this category includes both direct permission and prohibition, in them subjects are equal;
- permissive - the main and determining subject is the authority.
Depending on the role of division is carried out on the basis of general and individual. Thus, the latter are strictly directed at a particular person, while the general ones cover a group of all subjects as a whole.
Like any system, the mechanism has its ownstructure, expressed in the unification of the three elements. So, the mechanism of legal regulation consists of the legal relationship that is subject to impact, the rule of law that will be applied, and the act of legal implementation.
These elements are directly related to the stages of action of the phenomenon under consideration.
The mechanism of legal regulation - the stage of implementation
As a rule, legal scholars distinguish three main stages.
The first stage from which the mechanism beginslegal regulation, this definition of the rule of law. In this respect, the subject of regulation is obliged to choose exactly the legal model of behavior, which he intends to execute. However, it can be either permissible, or binding or prohibitive. As an example, the norm that determines the ban on the deprivation of a person's life can serve. In this case, the rule clearly refers to the section of criminal law.
The second stage is aimed at identifying the necessarylegal relationship. The latter in its essence is the interaction of individuals in society. Continuing the above example with the norm, the mechanism of legal regulation must be involved in the event of a violent death of an individual.
The third stage is the presentation of the actapplication of law. In this case, the competent authority of the country is obliged to establish all the objective circumstances, determine how well the specified rule of law corresponds to the legal relationship in question, and make a certain decision in the form of a law enforcement act. In the light of the above example with the norm and legal relationship, the third stage should look like this. The judge (as the representative of the country) is obliged to establish the facts of the case, i.e. find out the essence of the established relationship of object and subject composition. Further, he is charged with identifying how the indicated content corresponds to the applicable norm, namely: whether the fact of violent death is present, whether it was carried out by the said subject and so on. If the first two stages are consistent with each other, to make an act of enforcement is a sentence.
Summing up, it should be noted that the mechanism of legal regulation is a multi-stage model of the application of law, the observance of which leads to the creation of a well-functioning legal system.
