Methods of legal regulation - the basis for interaction between state and society

Law, like any other instrument, has special characteristics of impact, which are methods, techniques and means. Their totality and formed a special institution - "Methods of legal regulation."

The concept of species

The state as a participant of relations in human society stands apart in terms of a set of possible instruments of behavior. Such position is expressed in what methods of legal regulation it uses.

In order to understand what is their essence, it is necessary to derive the main characteristics of this phenomenon. So, legal regulation is an opportunity to influence the relations that are formed within a certain community in a strictly defined territory. Such an impact can be either indicative or advisory. The first kind has received the name of imperativeness, and the second - disposability.

The imperative method of legal regulation is that the state establishes a clearly defined model of behavior in a particular situation. A dispositive method provides participants with a choice between two or more models of behavior. And if in the first case the failure to comply with this rule is strictly prosecuted, then in the second case, participants are free to do so, as established by the framework of the law.

The two main methods presented are not the only way to regulate social relations in a particular country. Some lawyers sing out seven additional methods. But, as a rule, they reflect to a greater or lesser extent the first two. For example, the method of permissions, prohibitions and obyazyvaniya. This kind of best reflects the combination of imperative and dispositive. So, permissions are more dispositive, whereas compulsions and prohibitions are a classic imperative method of legal regulation. In addition, the presented example does not reflect the method, but only its part - the method.

Methods of legal regulation

In its practice, the state uses a whole range of methods, tools and techniques that enable it to fulfill its basic function of effectively managing the affairs of a society residing on its territory. But all the same, the main in the presented set are the ways of legal regulation.

Speaking of them, there are always three main actions, already mentioned earlier - permission, binding and prohibition. And the methods of legal regulation can be used as one of them, and combine.

Permission is a method of regulation in which the state determines that an individual or a group has the right to take any action. To a greater extent, permission is characteristic of the dispositive method. However, there is an opinion that in a small part it is also characteristic of the imperative. So, it is best reflected in the sanction, when the judicial authority is given a choice, which depending on the degree of guilt to impose punishment. But this is only a specific example.

Obliging is the way in which the state apparatus forces an individual to come in a certain way. In the case of a proven departure from the directions for a person, guilt is recognized, and as a result, punishment occurs.

Prohibition is an extreme measure applied by the state. As a rule, it is established in relation to situations of vital importance for society and the state. A vivid example of prohibitions are the norms of criminal law in its material part.

Both obyazyvanie, and prohibition are the ways characterizing only imperative methods of legal regulation.

Apparently, lawyers clearly agree on what should be attributed to the methods. But the methods of legal regulation cause them to have obvious differences of opinion. Therefore, it is necessary to correctly identify the latter concepts and clearly adhere to the fact that the method of legal regulation is always a set of three principles: the way, means and reception. And therefore, it is not allowed to interchange it and its components.