The imperative method is a method used in public law to regulate vertical relations between the state and citizens (organizations). In the process of regulating these relations, the state empowers certain actors with authority and places responsibilities on others. Between these objects as a result of the relationship of subordination and power.
The Imperative Method in Land Law
This method of establishing relations between objects is also called directive or authoritarian. The method of settlement is established by law and is applied as a means of influencing the behavior of legal entities and individuals that has the right to use an official in disputable situations.
The way of influence is a provision established by the legislation, which changes the behavior of persons towards stimulation or restriction. In this case, the chosen method should reflect the characteristics of its impact. In the conditions of the development of the land market and market relations , methods should be identified, taking into account the peculiarities of the legal regulation of social relations, which are included in the subject of the industry. The imperative method is determined by the nature and specificity of the regulated relationship. Appropriate methods and techniques for legal impact are selected.
Establishment of duties
The imperative method of regulation is expressed in the definition of legal relations and prohibitions between objects that are not subject to enforcement. The definition of duties is the main method of legal regulation, since it occupies an essential place in the content of land and legal norms. The duty imposed by law makes any deviations in its performance impossible, since in this case punishment is provided. Prohibitions in land law are boundaries of due and possible behavior of participants in land and legal relations.
These limits allow to avoid the interests of the subjects at the expense of infringement of the interests of society or the state. The boundaries of behavior are established so that the subjects of land relations in the performance of their duties and the achievement of goals do not apply methods that are contrary to the interests of the state and society.
The imperative and dispositive method of legal regulation differs in that when using the second method, subjects of land relations are given a certain freedom of action. They have the right to achieve their goals, acting at their own discretion.
Types of dispositive method
There are three kinds of dispositive method: delegating, recommending and authorizing. The delegating method is the granting of rights and freedoms to subjects of land relations for a certain range of powers. The recommended method is to provide the possibility of alternative behavior, that is, in this case, the subject has the right to choose the way of his behavior to achieve the set goals. The state's recommendations only facilitate the choice of the solution. The sanctioning method is granting to the subject the right to make a decision independently, but preliminary it should be approved and accepted by the lawful competent body.
Therefore, the imperative method is the actions established by the legislation. While the method of dispositive assumes the voluntary and equality of the parties.