LawState and Law

Legal regulation

The activities of the management bodies have a very diverse content. The executive power in the course of its activities enters into a special relationship with legal entities, organizations, citizens. Thus, administrative and legal regulation is carried out. At the same time, the interaction provides for control over the activities of both the managed party and the managing party. Legal regulation is carried out through various provisions and rules (SDA, sanitary norms, for example). In some cases, management functions may be somewhat specific. In these cases, the legal regulation is carried out by the norms of any other (except for administrative) industries (labor, financial, criminal procedure, for example).

In this regard, the subject of the administrative regulatory industry can be clarified by pointing out that control is exercised only over those social relations that are not subject to the norms of other industries.

The subject of administrative law is conditionally divided into relations within the apparatus and interaction of bodies with the population, the state, and legal entities.

Given these or other conditions for the formation of management relationships determine the external or internal functions of administrative and legal regulation.

The standard process of normative management envisages the application of only one act reflecting the will of the state power. This act is normative and legal. Individualization of opportunities and responsibilities is performed by the subjects themselves, addressed to this document.

The stages of legal regulation depend on the legal behavior of the subject. In a complex process, three stages are distinguished. Behavior can be illegal or legitimate.

The first stage involves the general operation of legal norms. Legal regulation begins with the definition of the content and formulation of the framework of the behavior of the subject, as well as the conditions for the formation of duties, powers, opportunities, responsibilities and other. Thus, the lawmaking mechanism begins to work.

At the second stage, legal regulation is associated with the appearance of certain duties and rights for the subject, that is, with the beginning of the operation of the legal relationship mechanism. As a necessary condition is a system of legal facts (or one fact), with which through the normative act associated with the occurrence in certain conditions of legal consequences. So, the mechanism on realization of legal norms starts to work.

The operation of the legal mechanism for the realization of rights begins from the moment a citizen applies to the relevant institution and makes a decision by that institution to satisfy his requirements. For example, when a subject turns to a pension fund, according to the rules, he is awarded a pension. Formulation of the individual prescription for the appointment of payment is the individualization of general norms in relation to a particular citizen. By means of the corresponding normative act, the relevant subjective legal rights and obligations are fixed for the parties-participants in the relationship.

After deciding on the appointment of a pension, a citizen becomes the bearer of the subjective (individual) right to receive payments. At the same time the social security institution is endowed with a subjective obligation to calculate and pay pensions.

As a rule, legal regulation exhausts itself by the mechanism of implementation of legal norms.

The third stage of regulatory control involves the application of sanctions. In this case, there is misconduct. As a legal basis for the use of sanctions is a violation of the legal situation, the rule by which liability for violations is established.

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