Legal regulation is a complex set of measures, incorporating many important aspects. They interact with each other, forming mechanisms of influence. Types of legal regulation are classified according to these aspects. The essence of regulatory actions is a clear alignment 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 using both legal and other social means.
Legal impact on society is carried out using the information and value-oriented channel. The first brings information about which actions are permitted and which are prohibited from the point of view of the state. Through the value-orientational 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 public relations in order to stabilize and regulate them is called legal regulation. This process is focused. That is, each legal norm issued by the legislator has a certain meaning, achieved by the application of various types of legal regulation. The main point of this impact is ordering.
Legal regulation - the concept is more specific than the legal impact, and is one of its directions. The main distinguishing feature is that in legal regulation methods, methods and types of influence are only of a legal nature. When exposed, other social aspects are 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 the rules of behavior, brings them to society, monitors their compliance. For a clearer understanding of the process, several methods, methods and types of legal regulation are classified.
Public relations
Social connections that arise between people in the process of their life are called social relations. They can be formed between two people, between a person and a group, between groups. There are several types of social relationships. Applicable to legal interaction should be considered legal relations.
They involve people who are in this case the subjects of law. Such relationships are made up of three elements:
- The subject who takes part in the relationship. He can be a natural person, legal entity and state.
- The object is the subject of legal relations. These are the 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 - the actions of the subject in relation to the object. In other words, this is a manifestation or non-manifestation of elements of legal relations.
In any form of social relations, subjective rights as legally secured opportunities and legal obligations as a legally fixed need are inextricably linked. As a rule, each subject-participant of legal relations has both.
Key element
Types and methods of legal regulation for objects are directed. They in this case are those relations in society that are subject to regulation by law. In other words, the regulatory function of law is directed precisely at him.
The subject of regulatory impact includes several interacting elements:
- Subject - an individual or collective participant in public relations.
- The object of regulation is the reason why the relationship arose.
- The actions of subjects aimed at the object of regulation.
- Reasons for forming and ending relationships.
It should be noted that not all social ties can be settled in terms of law. Accordingly, not all relations can be considered subjects of legal regulation. The law regulates only those relations that contain a conscious and volitional aspect.
Regulation method
Methods of regulatory activity on the part of law are instruments of influence on relations in society. Each regulatory method has a complex structure that includes several elements: methods, means and techniques. Objects 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 sectors.
Methods determine the specifics of the settlement of legal relations. Its task is to ensure the effectiveness and focus of the impact of the law on relations in society. The regulatory method is not considered as an independent concept and directly depends on the subject, due to which social relations arise. The choice of exposure method is directly determined by the subject of exposure.
What is the regulatory method aimed at? Firstly, it sets the boundaries of legal relations depending on the characteristics of the subject. Secondly, it plays a legislative role by issuing normative acts stipulating legal possibilities and necessity. Thirdly, it gives the subjects of relations legal and legal capacity to ensure their entry into certain relations. And fourthly, the regulatory method determines the degree of responsibility of participants in relations for the infringement of someone else's interest and failure to fulfill their duties.
Branches of Law
Their occurrence is associated with a variety of subjects and methods of settlement. In each industry, their effective combination takes place. Under the industry should be understood as a set 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 settlement of relations in society.
Branches of law can be classified into several groups. Majors are considered major industries, such as administrative and civil. Special ones include labor and family law. Comprehensive are industries that include basic and special legal systems. For each branch of law, certain methods and types of legal regulation are provided.
Classification of legal practices
Each regulatory method is aimed at a specific branch of law. The main ones are imperative and slide methods. The essence of the first lies in the inequality of the subjects of relations, since one of them is the state. Peremptory provisions establish legal requirements, permissions and prohibitions, ensuring state enforcement. Accordingly, the application of the imperative method consists in forcing the subject by a state body.
An important characteristic is that the managing entity (state) does not require consent for execution from the entity to which the obligation is directed. However, the addressee has the right to participate in the discussion of a particular rule of law and to control the scope of authority of the managing entity.
The dispositive method is characterized by equality of subjects of relations. In this case, the participants in the legal relations independently and by agreement distribute the possibilities and necessity within the framework of the law. Thus, the parties to the relations themselves make regulation, defining the norms specific for the given case, which are previously stipulated in legal acts.
The above methods are basic, but not the only ones. There is an encouraging method, often used in the labor branch of law. The advisory method is applicable when non-governmental organizations enter into relations with the state. In this case, the imperative method cannot be applied, and regulation is advisory in nature.
Facilities
They are instruments of legal regulation, the use of which ensures 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, penalties and more.
Interacting and combining with each other, means of regulation are the basis of the mechanism of legal influence. With its help, the solution of problems in social relations is regulated. A huge amount of legal funds, 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 options for regulatory regulation of relations. This is permission, obligation and prohibition. Additional methods include coercive measures, preventive measures, incentives, and more.
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. Prohibition can also be considered as a form of obligation, that is, a ban on the commission of an action is tantamount to an obligation not to commit it.
Types of legal regulation are determined by a combination of methods. Depending on the prevalence in the regulation of a particular method, two types of exposure are distinguished.
Allowed Type
The generally permissible type of legal regulation is based on the principle: everything is allowed except what is prohibited. According to this type of exposure, prohibitions are clearly indicated, and permissions are not defined. The permissive type is aimed at demonstrating the independence of the subjects of relations in decision-making. It gives subjects the opportunity to choose means and methods within the framework of legal norms.
The permissive type is not applicable to the eligible entity, as this may lead to abuse of rights. The regulation of state activity is carried out with the help of a binding type. It assumes that authority is granted in the limited amount required to fulfill obligations. Thus, this type of regulation permits everything prescribed by law.
Permissive type
The principle of a permissive type of legal regulation sounds as opposed to universally permissible: everything that is not allowed is prohibited. That is, the subject of legal relations can perform only those actions that allow legal norms. This type strictly restricts the subject's authority, prohibiting initiative and independent decision-making.