right as any other tool that has special characteristics effects, which is what methods, techniques and tools.The collection of them and formed a special institution - "Methods of legal regulation."
notion about the kinds
State as a party relations in human society stands alone in terms of the range of possible tools behavior.It is expressed in such a situation, what methods it uses legal regulation.
In order to understand what is their essence, it is necessary to bring the main characteristics of this phenomenon.Thus, regulation is able to exercise influence on the relations in the framework of a particular community on a strictly defined territory.This impact can be either a decree or recommendation.The first type is called the imperative, and the second - optionality.
imperative method of legal regulation is that the state establishes a well-defined pattern of behavior in a given situation.A dispositive method provides participants with respect to the choice between two or more behaviors.In the former case, failure to comply with this rule strictly prosecuted, in the second - the participants are free to do as it is established under the law.
presented two main methods are not the only possibility of regulation of social relations in the territory of a particular country.Some jurists recovered seven more additional methods.However, generally, they are to some extent reflects the first two.For example, the method is permitted, prohibitions and obliging.This view could not be better reflects the combination of the imperative and the disposition.For permission - it is largely dispositive, while obliging and the ban - a classic imperative method of legal regulation.In addition, the shown example does not reflect the method, but only part of it - method.
methods of legal regulation
In my practice, the government uses a range of methods, tools and techniques to enable it to perform its basic function - to carry out effective management of the affairs of society, living in its territory.Still, the most important in the aggregate are shown ways of legal regulation.
talk about them, always refers to the three main actions already noted earlier - permission, Bind and the prohibition.And the methods of legal regulation can be used as one of them, and combine.Allowing
- a way of regulation, in which the state determines that an individual or group has the right to perform an action.The more permission is typical for the disposition method.However, it is believed that a small part of it is peculiar and imperative.So, this is best reflected in the sanctions, when given the choice of judicial authority, which, depending on the degree of guilt to sentence.But this is only a particular example.
Bind - a process in which the state apparatus forces the individual to act in a certain way.In the case of deviations from the proven guidance of the person admits guilt, and, as a result, comes the punishment.
ban - this is an extreme measure, used by the state.Usually, it is set in respect of vital importance to society and the state situations.A striking example of the prohibitions are rules of criminal law in the material part.
and Bind, and the ban is a process characterized only mandatory methods of legal regulation.
As can be seen, jurists explicitly agree on what should be related to processes.But the methods of legal regulation cause them explicit disagreement.Therefore, it is necessary to correctly determine the latest concepts and strictly adhere to the fact that the method of legal regulation - it is always a combination of three principles: the method and means of administration.And because it interchanged and its components are not permitted.
