imperative method - a technique used in public law for the settlement of the vertical relationship between the state and citizens (organizations).In the process of regulation of the relations between the State gives some governmental authority imposes on the actors and other relevant responsibilities.Between these objects are formed as a result of the relationship of subordination and power.
imperative method of land law
This method of establishing relations between objects is called directive or authoritarian.Method of settlement established by the legislation and is used as a way to influence the behavior of businesses and individuals, who have the right to use the official in contentious situations.
method of influence - is the provision in the legislation that changes the behavior of the individual towards the stimulation or limitation.The selected method should reflect the characteristics of its impact.With the development of the land market and market relations should identify methods, given the particular mode of legal regulation of social relations that are outside the scope of the industry.Imperative method of determining the nature and specifics of the regulated relations.Select appropriate methods and techniques to legal action.
Requiring
imperative control method is expressed in the definition of relationships between objects and prohibitions, which are not enforceable.Defining responsibilities - this is the main method of legal regulation, because it takes a significant place in the content of the land-law.The duty imposed by law, makes it impossible to have any abnormalities in her performance, because in this case the penalty.Prohibitions in the land law - is adequate and the boundaries of the possible behavior of participants in land legal relations.
These limits help to avoid the implementation of the interests of the subjects at the expense of the interests of society or the state.The boundaries of behavior are set to the subjects of land relations in the performance of their duties and achieving not applied in a manner contrary to the interests of the state and society.
dispositive method
imperative and dispositive legal regulation method are characterized in that when using the second method, the subjects of land relations is given a certain freedom of action.They have the right to achieve their goals, acting in its sole discretion.Types
the disposition method
There are three types of the disposition method: delegating, recommendations and sanctioning.Delegating method - is to provide rights and liberties of the subjects of land relations on the terms of reference.Commendation method - is to provide the possibility of an alternative behavior, that is, in this case, the subject has the right to choose how their behavior in order to achieve the stated objectives.Recommendations to States only facilitate selection decisions.Authorizing a method - is to provide the subject of the right to make their own decision, but it must be pre-approved and made legitimate by the competent authority.
therefore, imperative method - is action, established by the legislation.While the method is dispositive implies voluntariness and equality of the parties.
