Legal regulation is a complex set of measures that includes many important aspects. They interact with each other, forming mechanisms of influence. Types of legal regulation are classified according to these aspects. The essence of regulatory actions is the clear alignment of the rights and duties of each member of society and the description of the criteria under which it occurs.
Legal impact means the influence of legal activity on the life, consciousness and actions of society as a whole and also of its individual units. It occurs with the use of both legal and other social media.
The legal effect on society is accomplished through the information and value-orientation channel. The first brings information about what actions are allowed, and which are forbidden from the point of view of the state. According to the value-orientation channel by means of legal norms, the values and legacy of previous generations are assimilated.
Legal regulation: the concept, methods, types
The process of influencing public relations with the aim of stabilizing and regulating them is called legal regulation. This process is purposeful. That is, each legal norm, which is issued by the legislator, has a certain meaning, achieved by the application of various types of legal regulation. The main meaning of this influence is ordering.
Legal regulation is a more specific concept than a legal effect, and is one of its directions. The main distinctive feature is that methods, methods and types of influence of only legal nature are used in legal regulation. Other social aspects apply.
This is not the only difference. Another important feature is that the government agency participates in all types of legal regulation mechanism. He creates rules of conduct, brings them to society, controls their compliance. To better understand the process, several methods, methods and types of legal regulation are classified.
Social relations that arise between people in the process of their life activity are called social relations. They can be formed between two people, between a person and a group, between collectives. There are several types of social relations. Applicable to legal interaction should be considered legal relations.
They are people who are in this case the subjects of law. Such relations are made up of three elements:
- The subject who takes part in the relationship. It can be a physical, legal entity and a state.
- The object is considered to be the subject of legal relations. These are phenomena of reality, on which subjective rights and legal obligations are imposed (the main elements of the system of legal relations).
- The content of legal relations is the actions of the subject in relation to the object. In other words, this is the manifestation or non-manifestation of elements of legal relations.
In any kind of social relations, subjective rights as legally secured opportunities and legal obligations as a legally enforced need are inextricably linked. As a rule, each subject-participant in legal relations has both.
The key element
Types and methods of legal regulation on subjects are directed. In this case, they are those relations in society that can be regulated by law. In other words, the regulatory function of law is directed to it.
The subject of regulatory influence includes several interacting elements:
- The subject is an individual or collective participant in public relations.
- The object of regulation is the reason for the relationship.
- Actions of subjects aimed at the object of regulation.
- The reasons for the formation and termination of relations.
It should be noted that not all social ties can be regulated from the point of view of the law. Accordingly, not all relations can be considered as subjects of legal regulation. The law regulates only those relationships that contain a conscious and volitional aspect.
Method of regulation
The methods of regulatory activity on the part of law are instruments of influence on relations in society. Each method of regulation has a complex structure, which includes several elements: methods, means and methods. The subjects and methods of various types of legal regulation are the most important system-forming factors. First of all, they stipulate a systematized division of the right into branches.
Methods determine the specifics of legal relations. 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 regarded as an independent concept and directly depends on the subject matter, on the basis of which social relations arise. The choice of the method of influence is determined directly by the subject of the impact.
What is the regulatory method directed at? First, it establishes the boundaries of legal relations depending on the characteristics of the subject. Secondly, it plays a legislative role, issuing normative acts stipulating legal opportunities and necessity. Third, it empowers the subjects of relations with legal and legal capacity to ensure their entry into certain relations. And, fourthly, the method of regulation determines the degree of responsibility of the participants in the relations for infringing upon others' interests and failure to fulfill their duties.
Branches of law
Their emergence is connected with the variety of subjects and methods of settlement. In each industry, their effective combination takes place. Under the industry should be understood the complex of institutions of law that regulate this or that area of social relations. The branch of law as an independent institution consists of means and methods of influencing relations between subjects in a certain sphere of their life activity and ensures the settlement of relations in society.
The branches of law can be classified into several groups. Profilers are considered to be the main branches, for example, administrative and civil. The special include labor, family law. Complex are called industries, which include basic and special systems of law. For each branch of law, certain methods and types of legal regulation are envisaged.
Classification of legal procedures
Each method of regulation is directed at a certain branch of law. The most important are imperative and slide-based methods. The essence of the first is the inequality of the subjects of relations, since one of them is the state. Imperative provisions consolidate legal prescriptions, permissions and prohibitions, providing state enforcement for execution. Accordingly, the application of the imperative method consists in forcing the subject by the state body.
An important characteristic is that the managing entity (state) does not require consent to be executed from the entity to which the obligation is directed. However, the addressee has the right to participate in the discussion of a particular rule of law and monitor the scope of the authority of the managing subject.
The dispositive method is characterized by the equality of subjects of relations. In this case, participants in legal relations independently and by agreement distribute opportunities and necessity within the framework of law. Thus, the parties to the relationship themselves make the regulation, specifying the specific norms for this case, stipulated in advance in legal acts.
The above methods are basic, but not unique. There is an incentive method, often used in the labor law industry. The recommendatory method is applicable when non-state organizations enter into relations with the state. In this case, the imperative method can not be applied, and regulation is advisory in nature.
They are instruments of legal regulation, the use of which provides a regulatory function of law. As a means of regulation, first of all, legal norms are applied. They can also include legal opportunities and necessity, restrictions and incentives, legal acts, penalties and other.
Interacting and combining among themselves, the means of regulation are the basis of the mechanism of legal influence. With its help, the solution of problems in social relations is regulated. There are a lot of legal means, but it should be noted that they are all consistent with the rules of law. Otherwise, the funds can not be considered legal.
Methods and types of legal regulation
There are three options for regulatory regulation of relations. This permission, obyazyvanie and prohibition. Additional methods include coercion measures, precautionary measures, incentives and so on.
Permission (authorization) entitles the subject of legal relations to perform certain actions within the framework of legal norms. Obliging dictates to the subject the need to perform any actions in order to satisfy the interests of the authorized subject. Prohibition is the need to refrain from certain actions. Prohibition can also be viewed as a form of binding, that is, the prohibition on committing 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 predominance in the regulation of one or another method, two types of effects are distinguished.
The permissive type of legal regulation is based on the principle: everything is allowed, except for what is prohibited. According to this type of influence, bans are clearly indicated, and permissions are not defined. The general type is aimed at the manifestation of the independence of the subjects of relations in decision-making. It gives subjects the opportunity to choose means and methods within the framework of legal norms.
The permissive type is not applicable to the eligible entity, as this can lead to abuse of rights. Regulation of state activity is carried out with the help of a permissive-binding type. He assumes that the powers are granted in a limited number required for the performance of duties. Thus, this type of regulation resolves everything that is prescribed by law.
The principle of the permissive type of legal regulation is the opposite of 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 authority of the subject, prohibiting initiative and independent decision-making.