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The subject of legal regulation and its role in ensuring public order

In all civilized states, law is the regulator of social relations, in turn, largely dependent on their legal, social and other characteristics. The subject of legal regulation is the mutual relations between the state and society, intrasocial relations, as well as the technical and social norms adopted in this society. It can be seen from the definition that this term also reflects the relationship between different legal actions and phenomena, and the very logic of legal influences. The way the subject of legal regulation is understood determines the understanding of the law itself, its subsections - public and private, the meaning of legal relations and other 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. The legal regulation has its own characteristics:

  • They are inherent only in law and no other branch of state and public relations;
  • Have their own mechanism of legal regulation, i.e. Operate only through their legal means.

Thus, the subject and method of legal regulation are interrelated, interdependent. Legal methods include:

    1. Centralized regulation. In another way - imperative or authoritarian. It rests on strict subordination of the "bottom" "tops", on so-called imperious principles, and has a one-sided character. Basically, this technique is applicable in public law ;
    2. Decentralized regulation, the method of coordination equality. With such regulation, the parties acting as subjects of public relations are, in principle, equal in rights, and regulation itself is not authoritarian. This method mostly belongs to private law, legislators are regulated from above only in key areas, and the participants 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 realized in the following ways:

  • ban. It expresses a requirement or obligation for entities to refrain from certain actions;
  • Binding. The subject is subject to the obligation to perform some positive actions in favor of another entity or state;
  • Permission. The subject is allowed certain positive actions that he will do in his favor;
  • Recommendations. This is a kind of advice from the legislature about 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 right of permissibility and prohibitions.

In this regard, the law identifies such types of regulation - generally permissive and permissive. The essence of general permissive regulation is that it allows everything that is not prohibited by law. Those. It is based on complete freedom of action, limited only by specific prohibitions. Permissive regulation prohibits everything that the law prohibits. It is based on a general ban and is regulated only by specific permits and permissions.

The subject of legal regulation is also related to the type of regulation. This category is quite general, broad. The type of legal regulation characterizes the whole system of law, and its separate branches, certain spheres of social relations.

The legal system, which includes legal regulation, consists of many elements. Elements of the system of law are legal branches, legal norms and institutions. The legal branches include the right to labor, financial, family, criminal, civil, constitutional. These are the material branches. And the procedural ones include the arbitration process, civil, administrative, criminal.

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