Modern law applies a number of legal possibilities. They are able to influence public relations in a regulatory way. This article discusses a unique opportunity called permission. What is it? What are the permissions? And what is the technique corresponding to this kind of resolution?
The essence of the concept
Permission is a fairly effective version of legal regulation, which is expressed through legal norms. It consists in giving a certain subject freedom in relation to the choice of an alternative to behavior (it is important to note that this fact is relevant only in the framework outlined by law).
So, the chosen strategy and, accordingly, the tactics of behavior should stimulate the subject's activity in the legal plan, its qualities of a creative and creative nature, and also contribute to the full satisfaction of the interests of the individual, society and, of course, the state.
Permission is a regulatory method that can be “broken down” into separate legal norms or presented in aggregate form as a single system, the elements of which are interconnected and interdependent. In addition, permissions can flow from the key meaning of the legislation that regulates the specific sphere of public relations.
Features of the phenomenon
It should be noted that permissions are performed strictly depending on the discretion of the subject, respectively, it is impossible to force the use of this category. Permission is a permission of a legal nature, in which freedom is not absolute, because, as a legal phenomenon, it already contains certain restrictive measures, supported and periodically supplemented by moral standards.
It should be noted that the provision of permits is achieved mainly not by the possibility of using enforcement measures on the part of the state structure, but by the high level of interest of the subject in relation to the implementation of this norm. That is why legal permissions are characterized by a significant degree of efficiency: they reflect the interests of individuals quite qualitatively. In addition, permissions are supported by guarantees - both general and special. In the first case, we are talking about a combination of conditions of political, economic, as well as moral content. And special legal guarantees must include the specifically prescribed implementation mechanism, as well as monitoring the relevant process.
Functional Features
Like any economic category, permission is determined by a number of functions, the main among which are value-orientating (defines the basis for constructing a behavior strategy in accordance with social norms and a well-organized consciousness), general stimulating (gives general prescriptions as a kind of start to the action), motivational and incentive (is an active function, the main idea of which is the organization of behavior through previous motivation), educational (legal establishes standards of conduct by permission), as well as the function of harmonizing private and public interests. The last point is especially important, because peace and harmony in society are a determining factor in its successful development.
Modern classification
Permission is a legal category, the content of which is subject to a clear classification. So, in accordance with the criterion of the duration of the action, it is customary to distinguish temporary and relatively constant permissions. According to the area of execution, the category is classified as permits of an international and domestic nature (in addition, certain types of permissions correspond to different levels of regulatory fixing: municipal, local, elements of the federal level, as well as the level of subjects of the Federation).
Separation by the method of establishment implies the permissions fixed by means of regulatory acts of the state, as well as permissions rooted in the contractual regulation. Important points are the aggregate criteria of the degree of concreteness, level of guarantee and, of course, legal force, in accordance with which it is customary to highlight subjective rights, freedoms, and legal interests.
Permission Examples
In simple words, authorization is a specific indication of a variable nature for a particular tactic of behavior (these options are desirable, but not necessary). For example, a meeting of graduates, as a rule, takes place on the first Saturday of February, but no one can force a person to go there - he has the right to choose his own behavior.
The form of authorization is very paradoxical, which often arouses the interest of legal figures. In addition, there are many examples of this phenomenon in the world that an individual encounters in his daily routine without noticing it. Professional examples of the category in question are often practiced. The proof of such an interesting fact can be the appeal of the action or inaction of the official.
Permission and related problems of philosophy of law
The method of authorization, as well as the prohibition strategy, involves specifying its own meaning in the form of specific legal norms of relevant acts of a generally binding nature. But such an explanation of the legal principles of general regulation is nothing more than an independent work of a creative nature, which in any case requires an adequate normative transfer of the relationship of specific legal rights and obligations, forms and procedures for their implementation, methods for their protection, and so on.
It is important to note that absolutely any clearly defined legal norm, a successful design, a phased procedure, a well-constructed procedural norm, an active guarantee of a legal type are a significant social value and, of course, an excellent find for the corresponding sphere of both legal regulation and the category of law in general .