Considering issues of the theory of law and the state, one can note the frequent use of the concept of "legal regime". The concepts and interpretations of this term define many social, economic and political issues. The material will consider the main interpretations of this concept, the distinctive characteristics and directions in which it is used.
Definition
What is the legal regime and what are its concepts? This is the name of the special rules enshrined in regulatory documents at various levels (federal, state or local). The regime is formed with the help of certain legal means, the main task of which is to create favorable social conditions and conditions for society.
According to other definitions, this term is interpreted as an independent mechanism of the state, which is used to protect the constitutional system and the security of citizens of the country.
In a general sense, this term can be defined as follows: these are the provisions that govern any field of activity, and the implementation of these provisions ensures the rights of subjects - that is, citizens - and guarantees for their implementation, and also provides for liability for their violation.
Signs of legal regulation
What features are identified in the legal mechanisms of the state and how to generalize them? The characteristics of the legal regime are determined by the following aspects:
- They operate at the legislative level, and accordingly, are controlled by the state.
- Their main task is to establish the rules of individual branches of public relations, while highlighting specific objects and subjects of law in space - territory - and time boundaries.
- It is a special order of legal requirements consisting of legal means in a certain combination.
- They form a certain level of favorable or unfavorable conditions for observing the interests of individual subjects.
Classification
There are many reasons for determining the types of legal regimes. So, they can be classified depending on:
- subjects for which they are established - for refugees, displaced persons, citizens, stateless persons;
- legal features - procedural or material;
- structure and composition - duty-free legal regime, customs, currency;
- legal regulation - in the field of constitutional law, administrative, criminal, civil and land;
- the level of legislative acts for which they are applied - at the general federal level, at the level of federal subjects, municipal or local;
- whether the regime is applied within the state or at the interstate level - sanctions, the legal regime of territorial waters, etc.
- forms of expression - legal or contractual.
The specificity of land relations
In the field of public relations and their legal regulation, natural resources play an important role: both on environmental issues, and on political and economic aspects. The concept of natural sources includes land, water, minerals, subsoil and more.
Land resources that determine the territory and borders of the state represent a certain foundation for the development of the national economy. So, there are several features of the legal regime of land :
- the concept of land as a legal category is interpreted as the surface of the Earth, which is located within the borders of the state (Russian Federation) and is measured in some ways - hectares, kilometers, and so on;
- legal relations on issues of land of citizens include not only the land plots themselves, but also their shares, and the corresponding rights to them;
- land plots vary in categories - for agriculture, horticulture, truck farming, for residential buildings, protected areas, forests and other categories of land fund. The placement of buildings or structures should be according to their category. For example, on land intended for a garage box or land for gardening, you cannot build a residential building;
- There are two main areas of use of land owned by a citizen - this is the use of land for personal interests or of a commodity nature (entrepreneurship).
The law of territories in international law
In the field of international law, specifying land resources, general categories have been developed for the designation of territories. So, the territory is the entire surface of the Earth, including water and land surfaces, land soil, subsoil and airspace. In addition, this concept includes space, the moon and other celestial objects.
According to international law, the legal regime of territories throughout the globe is divided into:
- The territory of a state in which the state power of a particular country is completely distributed within its borders.
- Combined / mixed territories are areas that are not part of the country, but they are subject to international law and take into account the sovereignty of coastal countries. So, states located along the coast have the right to do intelligence activities and develop resources in this territory.
- International territories are spaces that are not part of the state, including waters outside the boundaries of economic zones, air spaces beyond the borders of countries, the polar region of the Earth (Antarctica), space, celestial objects and bodies. So, all countries use these land resources in accordance with international law and its norms.
- Territories with a special regime are zones that are used, for example, in the case of a declaration of peace, that is, neutral territories regulated by international treaties. Demilitarization has been established in these zones - all types of military operations are prohibited: the placement of weapons, testing, military exercises and so on.
Legal norms of property law
Among the many different interpretations of the concept of special legal regime, property as an element of property law is one of the main in the field of economics. In civil law, certain objects of law are established - these are financial instruments, works and services, information resources, as well as rights to intangible goods. All these objects can be divided into movable and immovable.
Real estate is land, buildings that are installed and firmly fixed on the soil, including perennial plantations in the form of shrubs and trees, as well as various structures. Movable things include cash, securities (stocks, bills, certificates, etc.) that are not recorded in government bodies. These objects are set forth in article 130 of the Civil Code of the Russian Federation.
The definition of intellectual property and property rights is established in the fourth part of the Code, articles 1225-1228. This concept includes, for example, literary, scientific work, databases, trademarks, works of art and so on.
In addition, the Civil Code also regulates other types of rights that entrepreneurs can exercise, for example, the right to use, dispose of real estate within their competence, and so on.
How is the legal regime in a state determined?
The state regime is also called the political regime. These are similar concepts that determine what form of government has developed in a country. This term began to be used as part of the state system only from the beginning of the 60s of the last century. There is an opinion that the regime is more likely not a form of the state, but its essence, internal structure.
The peculiarity of the legal regime of citizens and the state is primarily in the totality of the techniques and methods by which public administration in the country is formed. In the course of performing their functions, executive, judicial and other state bodies cooperate with each other, provide assistance to citizens, and manage public processes.
Thus, with the help of the concept of “legal regime” one can characterize the atmosphere in the country, whether the rules of law are well applied in it, and whether democracy is well developed. These legislative initiatives of the state are expressed in the form of institutions of power, principles and provisions governing the interaction of the state, the population and individuals.
In each country, a certain state system is formed. The most common is the classification of management regimes into authoritarian and democratic. Let us consider in more detail the legal foundations of these areas.
Authoritarian state
This regime is characterized by government through the ruling elite, that is, a small group of people who have many different privileges and privileges. What are the features of the legal regime of an authoritarian state? The following features are emphasized:
- The population or citizens of the country do not govern the state, do not control the actions of the elite.
- The legislation does not establish restrictions on the power of state-governing structures.
- There is no opposition in politics, but a multi-party system is allowed.
- The interests of the state take precedence over the rights of individual citizens.
- In the state there are industries that are not controlled by the state - this is private life and the economy. The main monitoring and control is carried out primarily in the field of politics.
- Opposition parties and movements are strictly prohibited. In their regard, the state may take coercive and violent measures.
Authoritarianism is a cross between totalitarianism, as a comprehensive state control over all spheres of society, and democracy. In the course of reforms taking place in the country or changes in the guidelines of the ruling elite of power, the authoritarian regime can go to one side or another.
Democratic state
Which state can be considered democratic? For example, according to the Constitution, the Russian Federation is a democratic state with a republican form of government. The highest governing bodies in the country are elected for a certain period and carry out activities within their competence.
The following features are inherent in the general legal regime of democracy:
- The power of the people - that is, the population is considered the basis of state power; management is through the people and for the people.
- The law guarantees the freedom of citizens in the field of economics, for example, private property or entrepreneurial activity.
- Public administration is carried out on the principle of separation of powers.
- Redistribution of functions of public authorities - decentralization.
- State governance structures are elective and are elected for a fixed term.
- The state has political and legal mechanisms that fully provide citizens with the opportunity to participate in the formation of state bodies and control their activities.
- Adopting agreed decisions based on the equal rights of all citizens, taking into account the interests of minorities.
- The rights and freedoms of citizens and people are placed above all else.
- The principle of a multi-party system, the absence of a mandatory unified ideology. Freedom of expression, pluralism in politics.
- The presence of opposition on a legal basis.
Thus, democracy implies the equality of people and freedom of expression for all citizens, taking into account their interests. A country with a democratic system not only supports these principles in the constitution as in the basic law, but actually guarantees them.
Democracy or authoritarianism?
Of course, a democracy regime is a kind of absolute that any state or society strives for. If we compare these two areas of the legal foundations of the state, it should be borne in mind that democracy is not always the most preferable form of government in the state. Thus, the philosopher of Ancient Greece Plato criticized this direction of the state regime and pointed out that democracy over time can degenerate into tyranny.
Despite the obvious advantages, political scientists noted that under a democratic regime decision-making procedures are very complicated - they are very expensive and cumbersome. Not all voters participate in elections, referenda, and manipulation of public opinion through the media is intensified. So, despite the spread of the democratic regime in which most countries of the world now operate, the principles of this direction are the subject of debate and debate.
Conclusion
Thus, the concept of legal regime is very broad. It includes almost all spheres of life: economy, territorial division and politics. These theses are also determined by international law, in particular the law of territories located on the entire surface of the Earth. In the political sphere, this definition is similar to the concept of "political regime", but more narrowly focused, indicating the internal concept, the essence of the state, its observance of legal norms.
In a general interpretation, the legal regime can be defined as an independent tool that is used by the state to ensure the interests of citizens and compliance with constitutional principles. Also, this term is defined as a specific order of activity, which is intended to solve the problems and the functioning of public authorities in certain cases.