Headings
...

The imperative method of legal regulation - what is it?

Existing legal relations are regulated by special methods. These tools influence the behavior of subjects - their participants - through the establishment of certain responsibilities and legal opportunities. The imperative method of legal regulation is central to this system. Let's consider it in more detail. imperative method

general characteristics

The imperative method of legal regulation in legal publications is also called "unilaterally imperious", "directive". Until recently, it was called "administrative." The term itself has Latin roots and literally means "imperative." Such an interpretation quite accurately illustrates its essence. The imperative method of legal regulation is an order requiring unconditional execution. It is expressed in the relevant legislative acts of the state. Having a rather strict character of influence on the behavior of subjects, this method is implemented by issuing normative prescriptions that detail their legal capabilities and responsibilities. The participants in the relationship can only clearly fulfill the requirements. Thus, the internal will of the subjects is suppressed by the coercive mechanism of power. The imperative method is an impact model that completely eliminates the possibility of choice or substantially limits it. Failure to comply with instructions or deviation from them inevitably entails the use of coercive measures and punishment of the perpetrator.

Imperative Method: Example

This method of influencing the activity of subjects in the budget sphere is quite clearly implemented. The predominant use of this mechanism is determined by the specifics of financial relations. In the process of forming a budget plan, a state or a subject of a country in many cases is forced to withdraw money from someone forcibly and irretrievably. Since the funds are taken from the owners, regardless of their will, without any compensation for this, no other method than the imperative will not work in such a situation. Forced withdrawal of payer funds in favor of regional budget can only be realized by force. imperative legal regulation

Tax relations

In economic terms, mandatory deduction to the budget is a one-way transfer of funds from the payer to the specified fund. At the same time, there is no oncoming movement of any product or public service. This distinguishes tax relations from, for example, sales. Since the money is withdrawn irrevocably, the deduction to the budget cannot be called a loan. The compulsory element does not allow equating tax relations with gift. Mandatory deductions are established by the state unilaterally-authoritarian. This is implemented through the adoption of an appropriate regulatory act by an authorized institution. By the same document, representative bodies in the regions impose taxes on their territories. These contributions, in turn, act as sources of budget funds of the country's subjects. imperative method of law

Duties

The introduction and determination of the amount of tax generates a corresponding obligation to pay it. Fundraising is carried out regardless of the desire of the payers. When evading the obligation, the coercive mechanism is activated. It provides recovery either through the court, or through unilateral actions of the tax inspectorate.In this case, among other things, a malicious deadbeat may be brought to administrative, and in some situations, to criminal liability. The imperative method of law also occurs in cases where funds are provided from the budget. Recipients of the amounts (relevant institutions) are obliged to spend finances exclusively in accordance with their intended purpose, prescribed by the budget of expenses and income, which is approved for a particular entity. imperative method example

Key features

The imperative method has the following characteristic features:

  1. The state and, in appropriate situations, the subject of the country determine the model of behavior of participants in budgetary or other relations through unilaterally-binding prescriptions through the adoption of regulatory acts. Among such documents are not only industry codes (in this case, budget codes). The imperative method is also implemented through regulations, the provisions of which relate to specific issues of the formation, distribution and establishment of directions for the use of budget funds of the Russian Federation. These include laws on the approval of financial plans for the coming periods, estimates, murals and more.
  2. The imperative method defines in detail the permissible behavior of the subjects.
  3. Mutual obligations and legal possibilities are generated by the state or a specific subject of the country, and not by mutual agreement of the parties. They follow from the adopted normative act, through which, in fact, certain relations are regulated.
  4. Participants may not retreat or evade the execution of an order that is binding on them.
  5. The imperative method is based on the mechanism of state coercion, which, in turn, is implemented exclusively by the authorized body.
  6. There is no possibility to choose behavior, including on the basis of mutual agreement of the parties, or it concerns insignificant circumstances.
  7. Failure to comply with a prescription invariably entails liability.

Important point

As for regional budget relations, the participant who represents the subject of the Russian Federation in it has greater opportunities than the other side. As a rule, he is vested with authority that allows him to enforce the requirements by force. An exception are relations in which the subject of the Russian Federation and the state itself participate. In this case, the first is considered a subordinate party. the imperative method of legal regulation is

Flexibility

The subjects of the Russian Federation are vested with various powers that allow them to implement state regulations within the framework of the law. In the course of budgetary activities, in particular, they can show some flexibility and withdraw the necessary funds from payers, not only using force, but also by influencing the interests of obligated persons. As a result, the latter give their money almost voluntarily. This explains the existence of such instruments as voluntary return and voluntary irrevocable fundraising. As a typical example, we can cite state loans of the constituent entities of the Russian Federation.

Additionally

The distribution of budgets can be carried out not only through a unilateral act, but also by agreement of the parties (region and recipient). This, in particular, is realized in loans provided by the financial fund of a constituent entity of the Russian Federation. In such situations, the region builds relationships with contractors (payers or recipients of budget funds) using dispositive methods. These tools are flexible, have a softer effect. They also form a specific framework of behavior. But in dispositive method certain concessions are provided for the obligated party.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment