Any human society has its own level of orderliness and organization. This is due to the implementation of the interests necessary for people, coordination of needs.
Legal regulation: concept, subject, stages
In order to achieve coordination, social regulation takes place, that is, the impact on the actions of people through various ways and means of influencing behavior. Such regulation may be external and internal. Let us consider these concepts in more detail. External regulation is responsible for the impact in relation to the person, and internal is responsible for self-regulation. In this concept, the means answer the question: "What is the regulation of human behavior?" And the methods are responsible for how the effect occurs. In social regulation, funds appear in the form of social norms. And they are already the main means of influence.
Legal regulation (impact) refers to the targeted impact on social relations, as well as people's behavior through legal means.
Legal regulation, the concept, stages, its mechanism are included in the process under consideration, which ends with the formation of the rule of law.
Each concrete historical stage in the development of society must be accompanied by a sphere of legal regulation. In those cases when the sphere covers only a narrow circle of relations, this causes chaos, arbitrariness in the society, and the inability to streamline social relations where they need to be settled by law. In the case when the scope of legal regulation is unreasonably expanded, conditions are created that strengthen the totalitarian regime. Under him, people's behavior becomes socially passive, and members of society become non-initiative.
Legal regulation should include in the sphere of its management only those relations that have certain characteristics:
- They reflect general social interests.
- The individual needs of members of society.
- These relations are carried out by its participants through mutual interest, each of which infringes its needs in order to satisfy the desire of the other.
- For such relationships, it is necessary to comply with rules reinforced by effective force.
- Relations are built upon compliance with certain requirements, as well as the adoption of obligations to fulfill these rules.
Historical experience demonstrates the sphere of regulation, which includes social relations, consisting of three groups.
The first type consists of relations for the exchange of intangible and material values. This group mainly regulates property relations since a mutually acceptable exchange of property is beneficial both to the whole society and to an individual citizen. For example, the recognition of rules of conduct is provided by the power of the legal enforcement apparatus.
The second group forms relations in society through power control. Such management is designed to satisfy both general social and individual interests. And this is being implemented in compliance with strict rules and provided with the force of coercion.
The third group is responsible for law enforcement. It is called upon to create a normal tendency for management processes in society and factors for the exchange of values.
The public relations that make up these groups are subject to legal regulation.Simply put, this is a relationship that lends itself to regulatory and organizational impact, but due to specific historical conditions require legal regulation.
Methods
Many public relations have differences in the ways and methods of legal impact. This is clearly seen from the groups of social relations, in which the differences between the first, second and third groups are obvious.
Based on the relationship between these differences in groups, the theory of legal regulation identifies several methods of influence.
The method of decentralized management is based on the coordination of the interests and goals of the parties to public relations. It is used to regulate in civil society the relations of its subjects, satisfying mainly their interests.
The centralized management method is based on the observance of subordination. Using the method in question, relations are regulated in which the general social interest is a priority. First of all, such interests are expressed by a state endowed with power.
The main methods of legal regulation
Variants of influence on human behavior, the nature of the requirements specified in the rule of law are determined by three methods of legislative regulation.
The first version of legal regulation is responsible for providing a participant in legal relations with subjective rights. This is expressed in the delegation of certain powers to carry out the prescribed actions to an authorized person. For example, a property owner is allowed to dispose of, own and use property belonging to him.
The second way of legal regulation regulates as a requirement the obligation of a person to perform any action.
The third method is a ban, that is, the imposition of duties to abstain from certain actions. For example, labor law regulates the prohibition of an employer to engage minors in overtime work.
Mechanism concept
The mechanism answers the questions: “In what ways, by means, can the law influence public relations?” By the mechanism of the regulation under consideration is meant a system of certain legal means.
It is the mechanism of legal regulation that allows systematizing and collecting legal funds for social relations, determining the role and place of this concept in public life (the elements whose stages are inextricably interconnected and cannot exist without each other).
Components or elements include the following factors.
- Legal facts.
- NPA.
- Legal norms.
- The rules of law.
- Acts of legal realization, legal relations, legal awareness.
- Official acts of interpretation.
- Law Enforcement Acts.
- Rule of law.
A particular element acts in its own way and implements its regulatory functions.
Rule of law
This norm is the basis of the whole mechanism, prescription, model. She is a model of behavior in legal relations. Other elements are considered sub-normative in relation to the rule of law.
Normative legal act
NLA is a document containing legal norms. It affects people's behavior through the establishment of a legal regime. This concept governs this or that type of relationship.
Official acts of interpretation
What it is? This item is a specific document. It is published by special authorized bodies. An act is directed to clarify the meaning of the rule of law.
Legal Facts
Legal facts are real life events. Everything is simple here. These are life situations. But they are provided by legal norms and cause certain legal consequences.
Legal relationship
Legal relationships are a general model of behavior. It is laid down in the norms of legislation.All these concepts are spelled out in individualized and concretized acts.
Acts of the exercise of law
This element implies certain actions of people (participants in legal life) to implement the requirements of legal norms. Such actions carry out measures of obligatory or permissible behavior expressed in duties and rights.
Acts of application of law
Law enforcement acts are individualized power regulations governing social relations, that is, acts of individualized legal regulation.
Rule of Law and Legal Awareness
Peculiar elements are justice and the rule of law. This is due to their immateriality. And this does not prevent them from influencing the entire process of legal regulation. The level of the rule of law and legal consciousness affects the efficiency of all elements.
The concept and stages of legal regulation
Let's consider in more detail legal regulation: concept, stages. What is it? Legal regulation is a continuous process in time. It implies the active work of collectives, their people in the process of translating the right into life. Consequently, the stages of legal regulation are certain processes, including four main and one additional function.
The law begins to affect the public relations of people from the moment of awareness of the possibility and necessity of regulating any life situations with its help.
The regulatory impact of the concept under consideration begins with the issuance of regulatory acts by public authorities. And these documents in the process of creation go through certain stages of legal regulation. The stages of legal regulation include the following concepts. Let's consider them in more detail.
First stage
The main stages of the legal regulation process include the initial stage. He is responsible for giving rigor to legal forms and raising the rule of law into law, that is, creating a regulatory framework. At this stage, through the introduction of legal norms, the behavior of participants is regulated. In other words, the range of responsibilities and opportunities for legal entities is determined.
The stages of legal regulation include (as the creation of a regulatory framework), first of all, the status of a person and citizen. This concept is defined by the Constitution of the Russian Federation and other legal acts. And the legal status of organizations is determined by normative acts regulating their competence, that is, establishing rights and obligations. For example, in the Civil Code there is an article in which an organization or an individual is granted the right to judicially demand the refutation of information discrediting their business reputation, honor and dignity. This rule allows any member of the society to apply for judicial protection.
The legal regulation at the stage of creating the regulatory framework is a common, non-individualized, non-personalized impact of law. The first stage is aimed at orienting participants in social life. When they achieve their goals, she warns of the occurrence of possible negative or positive consequences. The rules of law predict the alleged obstacles in the process of satisfying legal interests and indicate acceptable methods for overcoming them.
At the stage of the mechanism of legal regulation, its element is legislation.
Second stage
What it is? The stages of legal regulation include the process of concretization and individualization of duties and rights. This definition characterizes the considered stage. It is called the second stage. At this stage, after the onset of certain circumstances regulated by the rules of law (legal fact), individualized relationships appear.Their members begin to have specific responsibilities and rights.
That is, being in a certain legal situation, representatives of legal life have certain behaviors based on the legal norms and conditions of the situation. Consequently, individualization of their duties and capabilities is carried out. For example, at this stage of the legal regulation process, when the reputation, honor and dignity of a particular person or organization are defamed, a certain right arises for applying to the judicial authority for protection. And the duty of this authority is to accept a statement of claim.
At this stage, relationships arise between specific individuals.
At the stage of the legal regulation mechanism (diagram below), certain elements are included. So, the first stage uses a legal fact as an element, which is an occasion to achieve certain interests. There are situations when this requires a whole set of factors in which one of them must be decisive.
Third stage
As the third stage of legal regulation, TGP (Theory of State and Law) includes the embodiment or implementation of the duties and rights of certain entities that possess them in a specific situation (legal relationship).
For example, legal protection aims to protect the business reputation, honor and dignity of an organization or a particular citizen, which is achieved by refuting false information by a court decision and compensation for moral damage, as well as other losses to the victim.
Legal regulation of the stage of implementation of duties and rights can take a long period of time. For example, labor relations, in which law enforcement, law enforcement functions of law.
The third stage is implemented in such an element as a legal relationship.
Fourth stage
The fourth stage is included in the number of stages of the legal regulation mechanism (the scheme is given earlier). This phase is responsible for the implementation legal obligations and subjective rights. In the process of this stage, legal regulation allows you to satisfy the interest of the subject. The main means by which duties and rights are put into practice, namely, are realized in the behavior of certain entities, is an act of subjective duties and rights. What is it? Acts of the stage of the mechanism of legal regulation are expressed in several forms: execution, compliance and use. This stage is expressed in such an element as an act of realization of duties and rights.
Fifth stage
The legal regulation of the stage comes into effect in the case when the subjects in the course of implementation violate legal norms. This also happens when certain law enforcement activities must come to the aid of unmet interest. The considered stage is additional and does not always take place.
Legal regulation of the stage is expressed in the occurrence of the application of the rule of law in the case when there are circumstances of a negative nature. And they appear in the presence of a real danger or direct violation. The optional stage is also reflected in an additional element - protective law enforcement acts.
Thus, the stages and elements of legal regulation are interconnected. A certain stage corresponds to its element. Therefore, all stages of legal regulation are inextricably linked with its elements.
The main stages of legal regulation in the scientific literature can be indicated on other grounds than the above factors.
