In all civilized states, law is a regulator of social relations, in turn, in many respects depends on their legal, social and other features. The subject of legal regulation is the mutual relations between the state and society, intra-public relations, as well as technical and social norms adopted in this society. It can be seen from the definition that this term reflects both the relationship between different legal actions and phenomena, and the very logic of legal influences. The way the subject of legal regulation is understood also determines the understanding of the law itself, its subsections - public and private, the meaning of legal relations and other most important legal concepts and categories. And legal regulation is a system of special methods and means by which law influences and influences relations in society. Legal regulation has its own characteristics:
- they are inherent only in law and no other branch of state and public relations;
- have their own legal regulation mechanism, i.e. act only through their legal means.
Thus, the subject and method of legal regulation are interconnected, interdependent. Legal methods include:
- centralized regulation. In another way - imperative or authoritarian. It rests on the strict subordination of the "bottom" to the "top", on the so-called power principles and is one-sided. Basically this technique is applicable in public law;
- decentralized regulation, the method of coordination equality. With this regulation, the parties acting as subjects of public relations are, in principle, equal, and the regulation itself is not authoritarian. This technique for the most part belongs to private law, regulation by lawmakers is carried out from above only in key areas, and participants in the relations themselves implement it by coordinated actions.
These techniques are used in practice both in pure form and in combination. Thanks to them, the subject of legal regulation is implemented in the following ways:
- ban. It expresses the requirement or obligation of subjects to refrain from certain actions;
- obligation. An obligation is imposed on a subject to perform some positive actions in favor of another subject or state;
- permission. The subject is allowed certain positive actions that he will perform in his favor;
- recommendations. This is a kind of advice from the legislature on how the subject should behave in some situations.
The application of these methods provides an impact on social relations and establishes a certain order, depending on the ratio in the law of permissibility and prohibitions.
In this regard, the law distinguishes these types of regulation - permissive and permissive. The essence of permissive regulation is that it permits everything that is not prohibited by law. Those. it is based on complete freedom of action, limited only by specific prohibitions. Permissive regulation prohibits anything that prohibits the law. It is based on a general prohibition and is regulated only by specific permissions and permissions.
The subject of legal regulation is associated with the type of regulation. This category is quite general, broad. The type of legal regulation characterizes the entire system of law, and its individual branches, certain areas of public relations.
The legal system, which includes legal regulation, consists of many elements. Elements of the legal system are legal branches, legal norms and institutions. Legal branches include labor, financial, family, criminal, civil, constitutional law. This is a material industry. And the procedural ones include the arbitration process, civil, administrative, criminal.