The imperative method is the method used in public law to regulate vertical relations between the state and citizens (organizations). In the process of regulating these relations, the state gives power to some entities and assigns other responsibilities to others. Between these objects, as a result, relations of subordination and power are formed.
The imperative method in land law
This method of establishing relations between objects is also called directive or authoritarian. The settlement method is established by law and is used as a method of influencing the behavior of legal entities and individuals, which the official has the right to use in disputed situations.
The method of influence is a provision established by law that changes the behavior of individuals in the direction of stimulation or limitation. Moreover, the selected method should reflect the characteristics of its impact. In the conditions of the development of the land market and market relations , methods should be identified, taking into account the particularities of the regime for the legal regulation of public relations that are part of the industry. The imperative method is determined by the nature and specificity of regulated relations. Appropriate methods and techniques are selected for legal impact.
Establishment of Responsibilities
The imperative method of regulation is expressed in the definition of legal relations and prohibitions between objects that are not subject to execution. The definition of responsibilities is the main method of legal regulation, as it occupies a significant place in the content of land law. The obligation introduced by law makes impossible any deviations in its execution, since in this case a penalty is provided. Prohibitions in land law are the boundaries of proper and possible behavior of participants in land law relations.
These limits make it possible to avoid the realization of the interests of subjects by infringing on the interests of society or the state. The boundaries of behavior are established so that the subjects of land relations, in the performance of their duties and achievement of goals, do not use methods contrary to the interests of the state and society.
Dispositive method
The imperative and dispositive method of legal regulation are different in that when using the second method, subjects of land relations are given a certain freedom of action. They have the right to achieve their goals, acting at their discretion.
Types of dispositive method
There are three types of dispositive method: delegating, recommendatory and authorizing. The delegating method is the granting of rights and freedoms to subjects of land relations in a certain circle of powers. The recommendatory method is the provision of the possibility of alternative behavior, that is, in this case, the subject has the right to choose the method of his behavior to achieve the established goals. State recommendations only make the decision easier. The sanctioning method is the granting to the subject of the right to make a decision independently, but first it must be approved and adopted by the legal competent authority.
Therefore, the imperative method is the actions established by law. Whereas the dispositive method involves voluntariness and equality of arms.