The legal regulation mechanism, the concept and elements of which will be considered in the article, is called upon to ensure the stability of public relations and their compliance with the requirements of the law. With his help, an unhindered movement of the interests of legal persons towards values and benefits is ensured.
The mechanism of legal regulation: concept, elements
This is the name of the system of legal means used to remove obstacles that arise during the exercise by subjects of their rights. Its composition includes components that have a number of specific features.
The role of the elements of the legal regulation mechanism is:
- Ensuring the integrated impact of legal means on the behavior of people and the relations that develop between them.
- Reflection of the dynamics of law, the process of its actual functioning.
- Identification of specific tasks and regulatory capabilities of the phenomena that arise within the legal field, their connections with other processes and phenomena.
As part of the legal regulation mechanism are various legal functions and nature of legal means to achieve the goals. The need for them is due to differences in the nature of the movement of interests of participants in legal relations to values, as well as different obstacles that arise.
Stages of the impact of the right on the interaction of entities
The main elements of the legal regulation mechanism are really functioning, starting fragments of the legal system, which reflect the key stages of the impact of norms on public relations. Among them are the stages:
- Regulation of the interaction of subjects.
- Occurrence of duties and rights.
- Realization of powers and fulfillment of obligations.
At each indicated stage, the backbone centers determining their content highlight the main elements of the legal regulation mechanism. All other legal phenomena and processes are grouped around them in the form of peculiar subsystems. They form auxiliary elements of the mechanism of legal regulation of public relations. Among them, legal culture, legal awareness, and legal technique are of particular importance.
Structure Features
The legal regulation mechanism includes elements:
- Legal norm. It is recognized as the initial regulatory framework. Normally, a model of the proper behavior of subjects is laid.
- Actual composition (legal fact). Through this element, the mechanism of legal regulation is activated, it sets in motion.
- Legal relationship. Its occurrence is caused by the appearance of a legal fact.
- Realization of rights.
- Enforcement Act.
As an optional element of the mechanism of legal regulation acts a protective act of the application of law. The movement of the mechanism is carried out by combining all of these components.
Activation Terms
When formulating the goal, the expected result is modeled, a set of means is created by which, in the opinion of the subject, the goal will be achieved. In accordance with the above basic elements of the mechanism of administrative and legal regulation, there are such conditions for its functioning:
- The regulation of relations, in the process of which the necessary legal norm is adopted.
- The occurrence of real circumstances required for the operation of the norm. They are associated with the emergence of legal facts. In practice, the movement of subjects' interests in values begins with an event, inaction / action, through which legal relations are generated, terminated or changed.
- Establishment of the object and subject of relations, rights and obligations. At this stage, it is revealed who and how will fulfill the requirements enshrined in the norm. In other words, a general principle of behavior is developed and concretized with respect to identified subjects.
- Direct implementation of duties and rights. It involves the actual commission of certain actions aimed at obtaining the result that was laid down in the norm by the legislator.
- Adoption of a law enforcement act. This element of the legal regulation mechanism is the imperative of authorized competent structures, guaranteeing the implementation of the duties and rights of entities involved in regulated legal relations.
The enforcement act is considered the last link through which the subject reaches the goal. On its basis, however, a new legal relationship may appear. In this case, the law enforcement act will act as another element of the mechanism of legal regulation - a legal fact. Then the mechanism will be started again, but its content will be different.
Example
Consider how the elements of the mechanism of legal regulation. Suppose a citizen has set himself the goal of entering a university. To achieve it, he is guided by the first element of the mechanism of legal regulation - the rule of law. Accordingly, the stage of regulation of public relations has already passed. Article 43 of the Constitution stipulates that everyone can enter a municipal or state higher educational institution free of charge on a competitive basis. This norm was developed in the laws "On Education" and a number of other acts.
The norm will take effect in the event of real circumstances necessary for this. These circumstances are legal facts. In this case, the elements of the legal regulation mechanism include:
- The subject has reached the age established by law.
- Getting a full secondary education.
- Submission of an application with all necessary documents to the university.
The totality of these facts forms the legal composition. It sets the regulation mechanism in motion.
In the framework of legal relations, the facts are compared with the relevant norms. As a result, mutual obligations and rights arise: the university administration on the one hand and the applicant on the other. The leadership of the educational institution, in particular, must ensure the proper conditions for the competition among trained persons.
The next stage is the direct realization of the right to education. If the applicant passes the exams successfully, he is enrolled in the university. This event is recorded in a special law enforcement act. It is an order for admission. After the publication of the act, a new legal relationship arises, which is associated with the subject receiving higher education. There will also be a regulatory mechanism, but with a different content.
Additional stage
The functioning of the regulatory mechanism can go through another stage - the protection of the violated right. This stage occurs when the subject of legal relations can not exercise his right due to illegal actions of other persons. Enforcement in such situations is associated with negative circumstances - the danger of an offense or directly with a violation of the law.
Terminology features
The law exists to ensure the stability and legality of public relations. Of course, this process in itself does not occur. It operates on the basis of a regulatory mechanism. It should be noted that in legal theory, the concepts of "legal impact" and "legal regulation" are distinguished . The latter should be understood as the influence of the law on relations through special legal methods, means and methods.
For example, criminal law enshrines the requirement not to commit acts dangerous to society. To ensure legal impact, appropriate legal means are applied: prohibiting norm, liability, punishment. The regulatory method in such a situation is prohibition, and the imperative method is used.
As for legal impact, this concept is somewhat broader. It covers the entire totality of legal phenomena that affect social relations. Legal impact is influence not only with the help of legal methods, methods and means, but also with other tools. The latter, for example, include legal consciousness, legal principles, a legal culture, etc. Thus, the imperfection of the majority of citizens of criminally punishable acts is caused not so much by the fear of imposing liability measures against violators, as by the prevailing legal consciousness in society, which presumes a respectful attitude towards norms.
Regulatory tools
They are specific tools by which social relations are ordered, and the interests of the subjects are satisfied. Legal means are norms, legal obligations and subjective rights, measures of responsibility, restrictions, incentives, incentives, etc.
Legal restrictions imply a reduction in the scope of opportunities, subjective freedom and, consequently, the rights of the individual. They are used to reduce negative activity, deter illegal actions. For example, the legislation provides for the limitation of the legal capacity of minors, persons suffering from mental illness.
Legal incentive is an incentive to lawful behavior, increase positive activity. This may be a promise or provision of benefits, cancellation or mitigation of liability.
Legal incentive has a close relationship with legal promotion. This means of regulation is considered as a measure and form of approval of legal, due conduct, entailing favorable consequences for the subject. For example, this can be a medal, early release from prison, pardon, etc.
Regulation Methods
They represent the methods by which, in fact, regulation is carried out. The content of these methods will depend on legal standards. The main methods of regulation include binding, permission, prohibition.
Prohibition
It involves the imposition on the subject of the obligation not to perform certain actions provided for by the norms. Legal prohibition is an important way to ensure the stability of public relations, protect the freedoms and rights of people, society, and the state. as a rule, prohibitions stem from moral standards established by society. For example, people always condemned a lie. Some of its varieties - perjury, slander - are enshrined in the law as prohibitions. Violation of the requirements entails liability. Prohibitions are expressed in the form of prohibitive norms. Their main part is fixed in the Criminal Code, in the articles of the Special Part.
Permission
It is such a way of regulatory regulation, in which the subject is given the choice of his behavior in the exercise of law within the limits of the possibilities provided by law. Legal permissions are reflected in regulatory enactments. As a rule, they are fixed by regulatory standards. For example, the owner of the property, having a certificate, has the right to dispose of it as he wants. He can give, sell, exchange values, rent them out, pledge.
Obligation
It means that the subject of law is obliged to perform any action enshrined in the norms. This method of legal regulation differs from prohibition. Obligation involves active rather than passive behavior. This method is used in the regulation of the financial sector, activities for the protection of nature or labor.
Obligation is reflected in binding norms. For example, under Art. 57 of the Constitution, each citizen is required to pay the fees and taxes established by law. As in the case of the prohibition, a person is threatened with legal liability if the binding norms are met (if they are not fulfilled).
Conclusion
In the course of the functioning of the mechanism of legal regulation, the goals of lawmakers, law enforcers and specific participants in relations clash with each other. Only the unity of interests of these entities ensures the integration of all elements into a single system. At the same time, incorrectly perceived motivation, an unscrupulous need, and an error in choosing the means of regulation can offset all the efforts of rule-making institutions and stop the functioning of the debugged mechanism.