Permission is what? Definition of concept

Modern law applies a number of legal opportunities. They are able to influence public relations in a regulating way. In this article, we consider a unique possibility called permitting. What is it? What norms of permission exist? And what is the methodology of this type of resolution?

The essence of the concept

достаточно эффективный вариант правового регулирования, который выражается через нормы юридического характера. Permission is a sufficiently effective variant of legal regulation, which is expressed through legal norms. It consists in the allocation of a certain subject of freedom with respect to the choice of an alternative to conduct (it is important to note that this fact is relevant only in the framework outlined in the legislative framework).

Thus, the chosen strategy and, accordingly, the tactics of behavior should stimulate the activity of the subject in the legal plan, its quality of creative and creative nature, and also contribute to the full satisfaction of the interests of the individual, the society and, of course, the state.

Permission is a method of regulation that has the ability to "break" into separate legal norms or to be presented in its aggregate form as a unified system, the elements of which are interrelated and interdependent. In addition, permissions can flow from the key meaning of legislation, which regulates a specific sphere of public relations.

Features of the phenomenon

It must be taken into account that permissions are strictly adhered to depending on the discretion of the subject, therefore, it is impossible to enforce this category. Permission is a legal solution in which freedom is not absolute, because, as a legal phenomenon, it already contains certain restrictive measures supported and periodically supplemented by moral norms.

It should be noted that the provision of permits is achieved mainly not by the possibility of using coercive measures on the part of the state structure, but by a high level of the subject's interest in the implementation of this norm. That is why legal permits are characterized by a considerable degree of efficiency: they sufficiently qualitatively reflect the interests of individuals. In addition, permissions are backed by guarantees - both general and special. In the first case, we are talking about a combination of political, economic, and moral conditions. And specific legal guarantees should include a specific mechanism of implementation, as well as monitoring of the relevant process.

Functional features

Like any economic category, permission is determined by a number of functions, the main ones being value-oriented (it determines the basis for building a strategy of behavior in accordance with social norms and competently organized consciousness), general-stimulating (gives general prescriptions as a kind of start to action), Motivational and motivational (it is an active function, the main idea of which is the organization of behavior through previous motivation), educational (legal establishes standards of conduct by permission), as well as the function of harmonizing private and public interests. The last point is especially important, because calmness and harmony in society is the determining factor of its successful development.

Modern classification

Permission is a legal category, the content of which is clearly classified. So, in accordance with the criterion of the duration of the action, it is customary to allocate temporary and relatively permanent permissions. In the field of performance, the category is classified into international and domestic permits (in addition, certain types of permissions correspond to different levels of normative fixing: municipal, local, federal level elements, and also the level of the subjects of the Federation).

Separation by the method of establishment implies fixed by means of regulatory acts of the state, as well as permissible authorizations that are established by treaty regulation. Important points are the aggregate criteria of the degree of concreteness, the level of assurance and, of course, the legal force, in accordance with which it is customary to allocate subjective rights, freedoms, as well as legitimate interests.

Examples of permission

In simple words, permission is a specific indication of the variable nature of this or that tactic of behavior (these options are desirable, but not necessarily). For example, a meeting of alumni, as a rule, takes place on the first Saturday of February, but no one can force a person to go there - he has the right to choose his own behavior.

The form of permission is very paradoxical, which often causes interest of legal figures. In addition, in the world there are many examples of this phenomenon, with which the individual encounters in his everyday life, without even noticing it. Often practiced and professional examples of the category in question. Evidence of such an interesting fact can be an appeal of an action or inaction of an official.

Permission and Related Problems of Philosophy of Law

The method of permitting, as well as the prohibition strategy, implies the concretization of one's own meaning in the form of specific legal norms of the corresponding acts of an obligatory nature. But such an explanation of the legal principles of general regulation is nothing but an independent work of a creative nature, which in any case requires an adequate normative transfer of the relationship of specific legal rights and obligations, forms and procedures for their implementation, methods for their protection, and so on.

It is important to note that absolutely any clearly expressed legal norm, a successful design, a step-by-step procedure, a competently constructed procedural norm, an active legal type guarantee is a significant social value and, certainly, an excellent find for the relevant sphere of both legal regulation and the category of law in general .