The concept of regulation plays a crucial role in such a scientific field as law. What is regulation? What definitions, methods, legal means and actors have this process? All these and some other questions will be answered in the article.
What is legal regulation?
A deliberate procedure for the impact of state power on public relations is called normative or legal regulation. A special role here is played by special tools and legal methods aimed at streamlining and stabilizing the social situation.
Legal regulation is an essential element of legal impact. It is a very broad and complex system. It includes a series of actions to streamline and normalize relations in society by influencing subjects. An important role in the system of influence is played by legal methods and means.
What is the subject of legal regulation? This is a set of stable social relations of a homogeneous type, requiring normalization and ordering. Legislators clearly define the boundaries of the subject of regulation. This is necessary for non-interference in the personal lives of citizens.
Differences from Legal Impact
As already mentioned, impact and regulation are interrelated, but not the same processes. The differences between these two elements are worth a little more detail.
The impact includes a number of elements from a wide variety of areas: economic, political, spiritual and social. All these areas are not directly regulated by law. One way or another, the regulatory impact is taking place here. It is divided into information-legal and educational-legal.
In the case of normative regulation, everything is somewhat different. This does not include propaganda, agitation, legal education and other major state powers. Regulation implies strict legislative activity.
Regulatory methods
Legal regulation is a whole combination of the most various receptions, means, methods and functions. All these elements are grouped into two main types of methods.
The first method is called imperative. Strictly specified behaviors are prescribed, deviation from which will be punishable by law. The imperative method (subordination) is characteristic of public law, which contains relations of subordination and power.
The second method is dispositive. It is also called the coordination method. In this case, an approximate behavioral framework is established. Subjects, namely ordinary citizens, have the opportunity to choose the most optimal variant of behavior for them.
There are other methods. It is worth highlighting the classical group of methodology, quite often used in the field of law. This is a division into permissible, recommendatory, encouraging and prohibitive methods. The subject can obtain permission to implement a particular type of activity - this is a permissible method. A person is recommended individual methods of behavior or even positive sanctions are established - here we are talking about recommendatory and encouraging methods. The prohibitive method belongs to the imperative group. In this case, clear sanctions are established for violation of a particular norm.
Regulation Methods
In legal science, there are many different interpretations and opinions. Some experts do not share methods and methods, while others establish a clear framework between the two groups. Normative regulation is a rather extensive sphere in the field of law, and therefore there can be many interpretations here.
Most experts refer to the regulation methods three elements: obligation, authorization and prohibition. Obligation and prohibition relate to the imperative group, and permission to the optional. In the case of the ban, everything is simple. The law prohibits this or that act, and sanctions are imposed for violation of the norm. Obligation is the imposition of duties on people. Simple examples are paying taxes, military duty, contract execution, etc. Permission gives a person the right to choose the type of behavior.
Thus, the legal regulation of society can manifest itself in a variety of forms and types.
Types of Regulation
The concept of regulation in the legal sphere has two main types. The first type is permissive. Here, the principle of resolving everything that is not directly prohibited by laws applies. The range of permissions is also limited. In this case, the legal status of a person, civil turnover, etc. can be regulated.
The second type is permissive. In this case, the opposite wording applies: a ban is imposed on everything that is not directly permitted by laws. For the implementation of certain types of activities, special permission may be required - for example, a license.
Regulation can be implemented in several ways. Here it is worth highlighting normative (with the help of general laws), individual (unilateral agreements and acts, for example, court decisions), state and non-state, centralized and decentralized regulation. In terms of territorial validity, norms can be local, local, departmental and general.
Stages of regulation
The phenomenon under consideration has four stages. The first step is lawmaking. It is worth paying attention to the activities of the legislative authorities. A feature of regulation is the modernization, addition and amendment of existing legal norms.
The second step is a merger of legal fact and legal relationship. At this stage, it is important to correctly correlate the rights of subjects and their responsibilities.
The third stage is a law enforcement process. The developed norms of the law are introduced into society and thereby modernize its development.
The last stage is associated with the implementation of legal norms. In this case, a specific legal result should be recorded. If the rule of law does not work, the question will arise on the modernization or liquidation of the introduced provision.