The implementation of law is nothing more than its manifestation in public relations and people's lives. Its impact on society is diverse. The forms of realization of the law are different. Their specifics should be disassembled in detail.
Realization of law: concept and forms
The content of existing norms is very important, since it is on their basis that a democratic rule of law or a totalitarian system is created in the country. How is the first different from the second? It is safe to say that the main difference is that under a democratic regime, the norms contained in the law really work, and even the highest authorities cannot turn a blind eye to their existence. Under a totalitarian regime, the rule of law in some cases exists exclusively on paper, that is, their implementation does not occur.
Legal impact on any public relations can be expressed in different ways. Often this influence is associated with ideology, morality, and politics.
Implementation of legal norms - ways to exercise law. The forms of realization of the law are different. Most often they include:
- compliance with prohibitions;
- performance of obligations ;
- application of legal norms;
- use of law.
One form or another of the exercise of the right does not have to be connected with the volitional actions of the participants in the legal relationship, however, the realization itself is possible only through these actions.
The legal system operates, and as a result of this action, a rule of law appears, the implementation of which means that citizens freely exercise their freedoms and rights, observe existing prohibitions. It also means that people are able to acquire rights, and violation of existing norms is punishable by mandatory sanctions that come from the state.
Above were indicated forms of enforcement. The application of law is one of them. It is based on the decision of cases by special authorized bodies or officials, as well as on their adoption of specific decisions capable of determining the legal significance of specific circumstances.
The application of law has two stages. It all starts with the study of the case and the choice of the norm that can regulate the necessary social relations - this is sometimes called legal qualification. At the next stage, the interpretation of the text (text of the normative act) is carried out. Interpretation is an understanding of meaning.
Consider the other forms of enforcement. By compliance is meant such an implementation in which persons do not commit those actions that are prohibited by law. Today there are administrative, criminal and many other prohibitions.
Under the use understand the use by individuals of the subjective rights granted to them . Note that they are presented in the form of powers and permissions. The subject exercises the rights at his discretion the way he wants. Examples include visiting certain institutions, working under an employment contract, buying or selling something.
The exercise of the right is associated with the performance of the duties assigned to persons. In this case, the entity commits those actions that are provided for by the contract or the relevant rule of law. Only the obligation that was fulfilled in relation to the established persons in full, as well as at the specified time, can be recognized as fulfilled. Non-performance is followed by certain sanctions, which can be quite serious. People have the opportunity to take on additional responsibilities. Basically, all kinds of contracts are used for this. In them, as a rule, it is indicated not only that the duties must be fulfilled, but also that they must be performed qualitatively (for example, the performer may not get anything for poor-quality tailoring of the costume).