right affects relationships in society in different ways: in some cases it prohibits, in others, on the contrary, obliges and allows third.This behavior in practice and in theory, called the legal regulation.
three options presented actually answer the question of how the right regulates, but does not disclose what it means for this involves.And because in legal science was developed institution - the mechanisms of legal regulation.
concept and constituent elements
mechanism of legal regulation - a special set of tools with which manages relations in society.At the same time it has a number of features:
- it is always legal means;
- the purpose of this mechanism serves only the achievement of a legitimate use of the rights and freedoms provided;
- challenge of the process removal of the alleged acts, but not always compulsory impediments to the realization of rights.
Given these characteristics, mechanism of legal regulation can be defined as a special set of the legitimate exercise of the rights used to prevent potential problems in the way of their implementation.
Scientists distinguish besides signs and different classifications of the phenomenon according to the criteria of the role and type of regulation.
Thus, mechanisms of legal regulation depending on the type are of two types:
- obschedozvolitelnye in this category includes both direct permission and prohibition, they are subjects;
- permitting - the main and determining the subject stands imperious authority.
Depending on the role of the division is carried out on the basis of general and individual.Thus, the latter are directed strictly to a particular person and generic encompass a group of subjects as a whole.
As with any system, the mechanism has its own structure, which is expressed in the union of the three elements.Thus, the mechanism of legal regulation of the sum of the legal relationship to be affected, the rule of law to be applied, and the implementation of a legal act.
These elements are directly related to the stages of the action of the phenomenon.
mechanism of legal regulation - underway
As a rule, legal scholars are three main stages.
first phase, which begins with the mechanism of legal regulation, it is the definition of the rule of law.In this respect, the subject of regulation required to accurately select the legal model of behavior, which he intends to execute.However, it can be both permissible and binding or prohibitive.As an example can serve as a norm defining the ban on killing the person.In this case, the norm explicitly refers to the section of the criminal law.
The second phase aims to identify the necessary legal.The latter is essentially an interaction of individuals in society.Continuing the example of the norm, the mechanism of legal regulation has to be activated in the event of a violent death of an individual.
third stage appears the imposition of an act of application of law.In this case, the competent authority of the country is obliged to establish all the objective facts, to determine whether the said rule of law appropriate to the legal relationship and to make a definite decision as zakonoprimenitelnogo act.In light of the above example is already the norm and the legal relationship, the third stage is required as follows.Judge (as representative of the country) is required to establish the facts of the case, ie,to find out the essence of the created relationship on object and subject composition.Then he counted to reveal how this content corresponds to apply the rules, namely whether there is a violent death, whether it was carried out and the other specified entity.In the case of compliance with the first two stages of each other, to make the act of applying the law - a sentence.
To summarize, it should be noted that the mechanism of legal regulation - a multi-stage model of application of the law, the observance of which leads to the creation of a well-functioning legal system.
