In all civilized countries the right is a regulator of public relations, in turn, is largely dependent on their legal, social and other features.The subject of legal regulation - a reciprocal relationship between the state and society, vnutriobschestvennye relations, as well as technical and social standards adopted in this society.From the definition it is clear that the term reflects the relationship between the various legal actions and events, and the logic of the legal actions.It is understood the subject of legal regulation, determines the understanding of the law and its sub - public and private, meaning legal and other important legal concepts and categories.A legal regulation - a system of specific methods and means by which the law affects and influences the attitudes in the society.In legal regulation has its own signs:
- they are unique to law and no other branch of government and public relations;
- have their own mechanism of legal regulation, ie,act only through their legal remedies.
Thus, the subject and method of legal regulation are interrelated, interdependent.The legal methods include:
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- centralized regulation.In another way - mandatory or authoritarian.It rests on a strict subordination "bottom," "up" on the basis of the so-called power and is one-sided.Basically, this technique is applicable in public law;
- decentralized regulation, the method of coordination of equality.With this regulation parties acting as agents of social relations, in principle, equal rights and self regulation is not authoritarian.This technique is mostly owned by private law, the regulation of top legislators held only in key areas, and implement it by the participants of the agreed actions of each other.
These techniques are used in practice, both in pure form and in combination.Thanks to them, the subject of legal regulation is implemented in the following ways:
- ban.It expresses a requirement or obligation actors to refrain from certain actions;
- Bind.On the subject of imposed obligation to perform some positive action in favor of another entity or the State;
- permission.The subject allowed certain positive actions that he will make in their favor;
- recommendations.This kind of advice by the legislature on how to be a subject to behave in certain situations.
Application of these methods provides the impact on social relations and establishes a certain order, depending on the ratio of the right and the permissibility of bans.
In this regard, the right to distinguish these types of regulation - obschedozvolitelny and permissive.The essence of obschedozvolitelnogo regulation is that it permits everything that is not prohibited by law.Ieit is based on complete freedom of action, limited only by the specific prohibitions.Permitting regulations prohibit everything that the law prohibits.It is based on the general prohibition and is regulated only by specifically authorized and permitted.
subject of legal regulation connected with the type of regulation.This category is fairly general and broad.Type of legal regulation characterizes the entire system of law, and some of its branches, separate spheres of public relations.
legal system, which includes the legal regulation, is composed of many elements.Elements of the legal system - a legal industry, law and institutions.By the legal industry are entitled to employment, financial, family, criminal, civil, constitutional.This material industry.A procedural include arbitration process, civil, administrative, criminal.
