The concept of the exercise of law is not easy. It is important not only to define the implementation, but also to indicate its methods and methods. In general, it is worth noting that many important issues are associated with it.
What is the exercise of law? This term is understood to mean the process of implementing any legal requirements, as well as the direct embodiment of these requirements in the behavior of members of society.
The realization of law is not limited solely to the outward manifestation of legal regulation processes, since it is also their final result. Note that it can only be associated with the behavior of people that meets certain requirements, that is, is legitimate. The legitimacy may consist in compliance with certain requirements (speech about the action) or about not committing actions deemed unlawful (speech about the inaction).
From the foregoing, we can conclude that the implementation of the rule of law arises from lawful behavior, while unlawful behavior is not connected with it in any way, since with it the rule of law is violated.
Its forms are different. It all depends on the criterion on the basis of which the classification itself is performed. If we take into account the legal status of the legal entity, then the implementation of the law can be complex and simple. When simple, everything happens without the intervention of any state forces. The complex is connected with the activities of competent state bodies.
The simple realization of law (also called direct) is divided into:
- compliance with standards;
- compliance with standards;
- use of norms.
Use - the exercise of subjective rights, performance - the performance of duties, compliance - implementation of prohibitions.
The implementation of the rule of law can be carried out without legal relations or through the creation of any legal relations. In the first case, the implementation is to refrain from any actions that are prohibited. The implementation of the legal prohibition in everyday life can be observed when the subjects of legal relations do not perform actions not permitted by the law adopted in the country.
Most often, the prohibition is invisible. Fixing it does not always happen. For these reasons, the legal nature of the ban is not always tangible.
As already mentioned, the exercise of law is possible in the form of active actions. It's about participating in rallies, demonstrations, and so on. This form of implementation is specific in that the action, which is the right-implementing one, comes from the legal acts, but there are no legally significant consequences.
The implementation of law, which is carried out through legal relations, can be divided into civil law and administrative law. In the first case, the participants are private firms, citizens, organizations, and so on. The realization of the right is connected with their actions regarding the conclusion of transactions, the preparation of wills, and the leasing of premises. We are talking about civil law, and therefore about those legal relations in which the parties are equal.
What is the essence of the administrative-legal form of realization of law? Here, one side must be endowed with state power. In this case, there is legal inequality, as well as the subordinate position of the parties. In this kind of legal relationship involved officials or state. organs.
Perhaps the division and subjective composition. It distinguishes individual and collective form. As an example, for the first case, you can call the fare, drawing up a will, to the second - the conclusion of a collective agreement.
By external manifestation, one can distinguish the passive and active form. By the method, voluntary as well as compulsory exercise of law can be distinguished.