realization of the right - is not nothing but a manifestation of his social relations and life.Its impact on society in many ways.Forms of the right are different.Their specificity is to understand in detail.
realization of the right: the concept and form
Content of existing norms is very important since it is on their basis is created in the country and the democratic rule of law, or a totalitarian regime.The first differs from the second?It's safe to say that the main difference lies in the fact that in a democratic regime rules contained in the law really work, and a blind eye to their existence can not even the highest authorities.Under a totalitarian regime rules of law in some instances exist only on paper, that is, their implementation is not happening.
legal impact on any public relations can be expressed in different ways.Often this is due to the influence of ideology, morality and politics.
implementation of legal norms - the ways of the law.Forms of the right are different.Most often, these include:
- prohibitions;
- fulfillment of obligations;
- application of legal norms;
- use rights.
Some form of exercise of the right does not have to be related to the strong-willed actions of the parties involved, however, the very realization is possible only through these actions.
legal system works, and as a result of this action there is rule of law, the implementation of which means that citizens freely exercise their rights and freedoms, respect the existing prohibitions.It also means that people are able to acquire rights, and violation of existing rules is punishable by mandatory sanctions, which come from the state.
above were given the right form.Application of law - one of them.It is based on solving specific cases or persons empowered authorities officials, as well as their acceptance of specific decisions that could determine the legal significance of the particular circumstances.
The exercise has two stages.Everything begins with a study of the case and the selection rules that can regulate the desired public relations - sometimes called legal qualifications.At the next stage, the interpretation of the text (the text of the normative act).Interpretation - a clarification of the meaning.
consider other forms of realization of the right.Under observance realize such an implementation, in which the person does not commit those acts that are prohibited by law.Today, there are administrative, criminal and many other prohibitions.By using
understand the use of persons subjective rights granted to them.Note that they are presented in the form of entitlements and permitted.Subject implements the right in its sole discretion as it wants.As an example is the visit of certain institutions working under an employment contract, the purchase or sale of anything.
Execution rights associated with the performance of the duties entrusted to individuals.In this case, the subject performs the actions provided for by the contract or the relevant law.Performances can be recognized only the obligation that has been performed with respect to the established parties in full and in due time.For the failure to follow certain sanctions, which can be quite serious.Users have the ability to take on additional responsibilities.Mainly used for all kinds of contracts.They tend to indicate not only that the obligation must be met, but also that they must be met quality (for example, for low-quality tailoring costume performer can get nothing).
