Legal regulation is a complex set of activities that includes many important aspects. They interact with each other, forming mechanisms of influence. The types of legal regulation are classified according to these aspects. The essence of regulatory actions lies in a clear arrangement of the rights and obligations of each member of society and a description of the criteria according to which it occurs.
Legal impact
Legal impact means the impact of legal activity on the life, consciousness and actions of society as a whole and also of its individual units. It occurs through both legal and other social means.
Legal impact on society is carried out with the help of information and value-oriented channel. The first brings information about what actions are allowed and which are prohibited from the point of view of the state. Through the value-oriented channel, with the help of legal norms, the values and heritage of previous generations are assimilated.
Legal regulation: concept, methods, types
The process of influencing social relations in order to stabilize and regulate them is called legal regulation. This process is targeted. That is, each legal norm, which is published by the legislator, has a certain meaning, achieved by applying various types of legal regulation. The main meaning of this impact is ordering.
Legal regulation is a more specific concept than legal influence, and is one of its directions. The main distinguishing feature is that methods, methods and types of influence of only a jurisprudential nature are used in legal regulation. When exposed, other social aspects are also applied.
This is not the only difference. Another important feature is that the state body is involved in all types of legal regulation mechanism. He creates rules of conduct, communicates them to society, controls their observance. For a clearer understanding of the process, several methods, ways and types of legal regulation are classified.
Public relations
Social ties that arise between people in the course of their life are called social relations. They can be formed between two people, between a person and a group, between collectives. There are several types of social relations. As applicable to legal interaction, legal relations should be considered.
They involve people who in this case are subjects of law. Suchrelationships are made up of three elements:
- The subject who takes part in the relationship. It can be an individual, a legal entity and a state.
- The object is the subject of legal relations. These are phenomena of reality, on which subjective rights and legal obligations are imposed (the main elements of the system of legal relations).
- The content of legal relations is the actions of the subject in relation to the object. In other words, this is the manifestation or non-manifestation of elements of legal relations.
In any kind of social relations, subjective rights as legally secured opportunities and legal obligations as a legally fixed necessity are inseparably linked. As a rule, each subject-participant of legal relations has both.
Key element
The types and methods of legal regulation of objects are directed. In this case, they are those relations in society that are amenable to regulation by law. In other words, the regulatory function of law is aimed specifically at him.
The subject of regulatory influence includes several interacting elements:
- Subject - an individual or collective participant in public relations.
- The object of regulation is the reason why the relationship arose.
- Actions of subjects aimed at the object of regulation.
- Reasons for forming and ending relationships.
It should be noted that notall social ties can be regulated from the point of view of the law. Accordingly, not all relations can be considered subjects of legal regulation. The law regulates only those relationships that contain a conscious and volitional aspect.
Regulation method
Methods of regulatory activity on the part of law are tools to influence relations in society. Each method of regulation has a complex structure, including several elements: methods, means and techniques. The subjects and methods of various types of legal regulation are the most important system-forming factors. First of all, they determine the systematic division of law into branches.
Methods determine the specifics of the settlement of legal relations. Its task is to ensure the effectiveness and purposefulness of the impact of the law on relations in society. The method of regulation is not considered as an independent concept and directly depends on the subject, due to which social relations arise. The choice of method of influence is determined directly by the subject of influence.
What is the purpose of the regulatory method? First, it establishes the boundaries of legal relations depending on the characteristics of the subject. Secondly, it plays a legislative role, issuing regulations that stipulate legal possibilities and necessity. Thirdly, it gives the subjects of relations the legal and legal capacity to ensure their entry into certain relations. And fourthly, the method of regulation determines the degreeresponsibility of the participants in the relationship for infringement of someone else's interest and failure to fulfill their duties.
Sectors of law
Their occurrence is associated with a variety of subjects and methods of settlement. In every industry there is an effective combination of them. An industry should be understood as a complex of legal institutions that regulate a particular area of social relations. The branch of law as an independent institution consists of means and methods of influencing relations between subjects in a certain area of their life and ensures the regulation of relations in society.
Sectors of law can be classified into several groups. Major industries are considered to be the main industries, such as administrative and civil. The special ones include labor and family law. Complex branches are called branches, which include basic and special systems of law. For each branch of law, certain methods and types of legal regulation are provided.
Classification of legal practices
Each method of regulation is aimed at a certain branch of law. The main methods are imperative and diapositive methods. The essence of the first lies in the inequality of the subjects of relations, since one of them is the state. Imperative provisions consolidate legal prescriptions, permissions and prohibitions, providing state enforcement. Accordingly, the application of the imperative method consists in coercion of the subject by the state body.
Importantcharacteristic is that the managing subject (the state) does not require consent to execution from the subject to which the obligation is directed. However, the addressee has the right to participate in the discussion of a particular rule of law and control the scope of authority of the managing entity.
The dispositive method is characterized by the equality of the subjects of relations. In this case, the participants in legal relations independently and by agreement distribute the possibilities and necessity within the framework of the law. Thus, the parties to the relationship themselves regulate, defining specific norms for this case, stipulated in advance in legal acts.
The above methods are basic, but not the only ones. There is an incentive method, often used in the labor branch of law. The recommendatory method is applicable when non-governmental organizations enter into relations with the state. In this case, the imperative method cannot be applied, and the regulation is advisory in nature.
Funds
They are instruments of legal regulation, the use of which provides the regulatory function of law. As a means of regulation are primarily legal norms. They also include legal opportunities and necessity, restrictions and incentives, legal acts, pen alties and more.
Interacting and combining with each other, the means of regulation underlie the mechanism of legal influence. It regulates the decisionproblems in social relationships. There are a huge number of legal means, but it should be noted that they are all consistent with the rule of law. Otherwise, the funds cannot be considered legal.
Methods and types of legal regulation
There are three variants of normative regulation of relations. These are permission, obligation and prohibition. Additional methods include coercive measures, preventive measures, incentives, and others.
Permission (authorization) gives the right to the subject of legal relations to perform certain actions within the framework of legal norms. Obligation dictates to the subject the need to perform any actions in order to satisfy the interests of the authorized subject. Prohibition - the need to refrain from certain actions. A prohibition can also be viewed as a form of obligation, that is, a prohibition to perform an action is tantamount to an obligation not to perform it.
Types of legal regulation are determined by a combination of methods. Depending on the predominance of one or another method in the regulation, two types of influence are distinguished.
Public type
The generally permissive type of legal regulation is based on the principle: everything is allowed except what is prohibited. According to this type of influence, prohibitions are clearly indicated, and permissions are not defined. The generally permissible type is aimed at the manifestation of the independence of the subjects of relations in decision-making. It gives subjects the choice of means and methods within the framework of legal norms.
The public type is not applicable to the eligible subject as it could lead to abuse of rights. The regulation of state activity is carried out with the help of a permissive-binding type. It assumes that powers are granted in the limited amount required for the exercise of duties. Thus, this type of regulation allows everything prescribed by law.
Permissive type
The principle of the permissive type of legal regulation sounds the opposite of the generally permissive one: everything that is not permitted is prohibited. That is, the subject of legal relations can perform only those actions that allow legal norms. This type severely restricts the powers of the subject, prohibiting initiative and independent decision-making.
