concept of the right is not easy.It is important not only to define the implementation, but also to indicate its methods and techniques.In general, it is worth noting that it involves a lot of important issues.
What is the realization of the right?This term is commonly understood as the implementation of any legal requirements, as well as the direct embodiment of the requirements in the behavior of members of society.
exercise of the right is not confined solely to the external manifestation of the process of legal regulation, as it is also their final result.Note that it may be associated only with the behavior of people that meet certain requirements, ie it is valid.The validity may be in compliance with certain requirements (it is about action) or not committing acts recognized illegal (talking about inaction).
From all this we can conclude that the implementation of the law occurs when lawful behavior, illegal behavior as it has nothing to do, since it violated the law.
Its forms are different.It all depends on the criteria on the basis of which the classification itself.If we take into account the legal status of lawmaking subject, the realization of the right can be complex and simple.When everything is easy without the intervention of any governmental forces.The complex is connected with the activities of the competent state bodies.
simple realization of the right (also called direct) is divided into:
- compliance;
- pursuant to law;
- use regulations.
use - the realization of subjective rights, the performance - performance of duties, compliance - the implementation of the prohibitions.
implementation of the law can be carried out through the establishment of relationships or any relationships.In the first case, the implementation is to refrain from any actions that are prohibited.Implementation of the legal prohibition in everyday life can be seen when the subjects of legal relations are not permitted do not fulfill the country adopted the law of action.
ban is most often imperceptible.Fixing it does not always happen.For these reasons, the legal nature of the ban is not always noticeable.
As already mentioned, the implementation of the rights available in the form of action.We are to participate in meetings, demonstrations and so on.This form of implementation of the specific fact that the action being pravorealizuyuschim comes from the NPA, but legally significant consequences when this occurs.
realization of the right, which is carried out by means of legal relations can be divided into civil and administrative legal.In the first case, the parties are private companies, individuals, organizations, and so on.Linked to the implementation of the rights with their actions on the transactions, drafting wills, rental of premises.We are talking about civil law, and thus the legal relations of the parties which are equal.
What is the administrative and legal form of the right?Here, one side must necessarily be endowed with public authority.In this case, there is legal inequality and subordination status of the parties.In such a legal relationship involving officials or state.authorities.
possible division and subject composition.It is isolated individual and collective form.As an example of the first case, you can call the travel expenses, preparation of wills, the second - the conclusion of a collective agreement.
On the external display can distinguish passive and active form.According to the method it is possible to highlight the voluntary, as well as enforcement of rights.
