The discretionary rule of law is ... The principle of disposability. Method of legal regulation

Managing society at all times was not an easy task. After all, society is an integral structure, consisting of a large number of people, each of which is an individual. At the same time, management can be based entirely on different methods, methods and principles. For example, such a regulator of social relations, like religion, built its strength on dogmatic norms of holy scriptures. However, it is completely ineffective in the conditions of a developing society, because the action extends exclusively to believing people.

But an effective regulator of social relations was still found. So today is the right. It is a set of certain rules of conduct, endowed with an official character. The law spreads its action through such constructions as norms. However, the last elements are not monotonous. There are two types of legal norms: imperative and dispositive. They come out of two main methods of legal regulation. The latter kind, dispositive, has many features. It manifests itself in the norms of many legal branches to date.

The rule of law: the concept of

As mentioned earlier, the legal sphere has its own implementation mechanism. Its basis is the rule of law. But the question arises: what are they? The rule of law is the rule of behavior, in which people's opportunities and responsibilities are fixed. But, as we understand, not all rules can have the presented status. In order for it to exist, the norm must be official. It must come from and be recognized by state authorities. In their totality, rules of conduct of this kind regulate different types of legal relations that are part of this or that branch.

Signs of norms

To talk about the rule as an official form of manifestation of law is possible only if it is characterized by a number of features. That is, the rule of law is such if it has all the features of a given legal phenomenon:

1. All rules of conduct are of an official nature. In other words, there is no single addressee for their action. Normally regulated relations are, as a rule, typical and homogeneous.
2. Legal norms are generally binding for all.
3. The official rules of conduct are maximally concretized, which facilitates their use in the process of realizing it.
4. Norms of law are fixed in official regulations. For example, in laws, decrees, constitutions, etc.
5. The legal norm is a system consisting of a hypothesis, dispositions and sanctions.

Types of legal norms

It should be noted that the legal phenomenon mentioned in the article has a large number of specific interpretations. As mentioned earlier, there are two opposite methods of legal regulation. They determine the existence of dispositive and mandatory norms. But in this case both the method and the rules of behavior are the initial elements from the notion of disposability, which is a fairly multifaceted phenomenon.

The notion of discretion

In jurisprudence, there are many terms that can be deciphered in several ways. Category disposability is such a concept. For a long time scientists have been arguing what exactly characterizes this term. To date, there are three main views on the problem of disposability:

• First of all, this concept characterizes one of the methods of legal regulation. It is used to coordinate legal relations of one or another direction within any legal field. The discretionary method implies the freedom of the parties in specific situations. Its direct opposite is an imperative way of regulation. It clearly spells out all the activities of subjects of legal relations. At the same time, they can not deviate from the established official framework.
• The discretionary rule of law is another interpretation of the same term. Such rules of conduct are applied in cases where the parties to legal relations have not established other principles of their activities. That is, such norms are canceled by the general decision of the subjects.
• There is also the principle of disposability. It is inherent in the civil law branch. It is a real, unlimited opportunity for subjects to dispose of their rights and protect them from any kind of infringement.

Thus, disposability is the possibility of independent formation of one's own legal regime. To better understand the features of this phenomenon, it is necessary to consider all its manifestations in more detail.

Dispositive method: features and industries of use

The method of legal regulation is a combination of methods, methods and specific means by which society can be regulated and directed. In the process of social coordination, this phenomenon plays a significant role. Due to this, the right forms the main social principles. The dispositive method in this case is a conditional framework that people must observe. However, subjects of legal relations on legal grounds can themselves determine the options for behavior that are acceptable to them under specific conditions. If any issues between the parties are not resolved, then the previously created legal norms do this for them. It should be noted that the dispositive method is applied in the private law branches. For him, the equality of subjects is characteristic.

Kind of legal rules of dispositive nature

The discretionary rule of law is, as we found out, the rule of behavior, which establishes general trends on a particular issue in specific legal relationships. In other words, such a norm outlines only an approximate plot of the parties' activities. They, in turn, have the full right to refuse to comply with the prescriptions of a particular rule and create their own line of conduct.

However, a deviation from the norm does not mean that the parties are completely free in their actions. Yes, they can choose their rights. However, they must do this within the framework established by law. An excellent example of a dispositive rule is the ability of any person to sue. In case of violation of rights, someone may apply to the appropriate authority for protection, but is not obliged to do so if we are talking about a civil process. But in the implementation of this right a person must use the services of exclusively judicial bodies.

Dispositive norms in different legal branches

In the system of jurisprudence, there are a large number of different spheres of regulation. All of them differ in the type of legal relations that are directly coordinated. The most obvious and often used are the dispositive norms of civil law. Their existence is conditioned by the fundamental idea of equality of parties, which is represented in the industry. The second most important factor can be called the very specificity of civil law. Its scope includes contractual, obligatory, inherited and other similar legal relations. There initially can not be an imperious command. Dispositive norms also exist in the industry, which comes from the basic law. In this case, we are talking about the Constitution.

Dispositive norms in the constitutional law are the rules determining the ability of the subjects to commit or not to perform certain actions. For example, according to the provisions of the basic law of the Russian Federation, the republics have the opportunity to establish their own language on a par with the state language. That is, the difference between the dispositive norms of the civil industry and the constitutional ones is that in the first case, subjects can only accept or refuse specific opportunities, and in the second - they can personally create their own legal regime.

Imperative and dispositive norms of family law

The most controversial in terms of regulation of relations is the industry most closely related to people's activities. This is family law. The method of regulation in the context of this sphere is manifested in two ways. On the one hand, the emergence of family relations is real only if there are concrete grounds, for example, marriage, etc. But if you look at the industry from a different angle, it becomes clear that there is a certain subjective freedom in it. Dispositive legal norms include the norms of the law of the family sphere, which touch upon the issues of agreement between the subjects. An excellent example is the legal regime of the marriage contract, in which the parties determine the scope of their behavior.

Dispositiveness: principle

Almost all modern industries are built on certain fundamental principles - principles. The discretionary rule of law is in most cases a direct manifestation of one of the foundations of a particular sphere of regulation. In other words, rules of behavior of this type exist if the fundamental principles of the industry allow equality and independence of the parties in some cases.

The principle of disposability is well manifested in civil and procedural law. That is, these spheres initially assume the independence of the subjects. At the same time, many scientists deny the existence of any freedom in the procedural environment. They argue that this is impossible, since the main subject of such relations is the court. However, there are a number of points that reveal the content of procedural dispositions.

Freedom of legal relations in the civil process

Imperative and dispositive norms of law are equally present in civil procedural activity. However, the freedom of legal relations has its content, which is due to the following aspects:

• The claims are determined by the specific party.
• Civil proceedings are instituted after the filing of the claim.
• Cassation and appeal are possible by the will of the parties.
• The demand for compulsory execution of an act is filed by one of the parties.

Given the features presented, it can be argued that discretionary rules of law, examples of which exist in other industries, is in the procedural sphere of civil orientation.

Conclusion

So, the dispositive rule of law is a rule of conduct that allows the parties to freedom in specific legal relationships. But in some legal branches, the presence of liberties is unacceptable, since this can affect people's lives and their inalienable opportunities.