5 Legal regulation: the concept, subject and method.

Legal regulation - carried out by a system of legal impact on social relations.

For a society to be organized and orderly, there should be some harmonization of diverse interests of both the individual and the community of people. This is done by means of social control, that is focused on the impact of human behavior. Regulation can be internal (self) and external (by others - either).

The system of social regulation important role belongs to legal regulation. Regulation can only be called such effects, which are placed quite clearly defined objectives.

The impact of the rules by which the objectives are realized, can be called legal. If under the influence of the legislation or the consequences of its provisions not provided for by law, and sometimes contrary to the purposes of the legislator, such an effect can not be considered legal regulation. Can not be considered legal regulation impacts shall take non-legal means. For example, the impact on the people through the mass media, moral, and legal education.

Subject of legal regulation

Law should not and can not regulate all social relations and social networks all people. Therefore should be precisely defined scope of legal regulation, that is, the links that need to be addressed right.

The scope of legal regulation should include relations with the following features:

- They are a reflection of both the individual interests of the members of society and the general social interests;

- They realized the mutual interests of the participants, each of which goes to a denial of their interests in order to satisfy both;

- They are based on an agreement to fulfill certain rules to be bound by these rules;

- They require compliance, the obligation of which supported a viable force

These features correspond to three groups of public: relations:

1) the relationship of people to share material and spiritual values ​​(property);

2) the relations between the imperious management of society (the state management of social processes);

3) the relationship to the rule of law (intended to ensure normal processes exchange of values ​​and management processes in the society). These relationships arise from a breach of the rules of behavior of people in the two areas.

Public relations, members of these groups are the subject of legal regulation, because by its nature can resist regulatory organizational impact and require legal regulation.

The nature and content of public relations depend features, character, ways and means of regulation.

Such a nature and type of social relations determine the severity of the legal regulation (breadth of legal action, the degree of binding legal regulations, forms and methods of law enforcement, the degree of detail in the requirements, the strength of legal influence on social relations).

Methods, techniques and types of legal regulation

Variety of social relations within the sphere of legal regulation, creates differences in the methods and means of legal action. In theory, the legal regulation is convenient to define two methods of legal action.

The method of decentralized control (autonomous, non-mandatory) - is based on the coordination of goals and interests of the parties in the public against members of civil society, to satisfy their private interests (in branches of a private nature).

Centralized method (mandatory, authoritarian) regulation - based on the relationship of subordination between the participants in the public relations. In these respects, the priority is the public interest. Centralized, imperative techniques are used in areas of public law (in constitutional, administrative, criminal law).

Method of legal regulation is one of the important criteria for delineation of rights to the industry.

Ways determined by the nature of the legal regulatory requirements, fixed in law, means of influencing the behavior of people. In the theory of law is divided into three main ways of legal regulation.

1. Permission - is to give the subject of rights to perform certain positive actions (granting subjective rights).

Allowing entities associated with the provision of opportunities to perform certain actions in their own interests (for example, a business has the right to a decent reward for their labor.) Permission is not very uniform. This can be in such form, as a subjective right, freedoms and legal interests. Each of these forms has its own nature, and has an appropriate level of warranty.

2. Bind - An obligation is to make some positive action (the obligation to pay taxes.)

Bind associated with putting on the persons required to make active specified in the law or in the contract action (for example, the debtor must meet its obligations to the creditor). Bind as a means of legal regulation is guided by the interests of the authorized entity and is a specific order, the duty to perform certain actions.

3. Ban - reduced to laying duty to refrain from certain actions.

Prohibition due to the necessity of abstinence from action with passive behavior (eg, law enforcement officers are not allowed to use unlawful methods of investigation.) Prohibition is a form obliging, which is a definite ought.

The second and third methods have similarities. Both involve the laying of duties, but if in one case the obligations are positive, then the other - passive. You can also provide additional ways to legal action. They are:

- Promotion-expressed in the awarding entities for certain services;

- Recommendations - is to choose the most appropriate sentence (the best option would be.)

As additional methods include the use of coercion (eg, imposing legal liability for the offense). Additional methods include preventative (preventive) effect of the possibility of legal law enforcement.

In the legal literature and in practice, there are two legal formulas (principle), on which there are two types of legal regulation.

Obschedozvolitelny type - is expressed in the principle: everything is permitted that is not expressly prohibited by law. In this type of law in the relationship is governed by strict and explicit prohibitions. Typically, the amount of these prohibitions is small.

Obschedozvolitelny type of legal regulation related to the fixing of the right social freedom, the human right to choose the means and methods to achieve the goals.

Obschedozvolitelny type of legal regulation based on a general permission, from which an exception is made by the prohibition.

Its formula is: everything is permitted except what is expressly prohibited. For example, subjects are allowed to perform various types of transactions, but the performance of certain transactions to any entity (eg by buying - selling drugs).

This type of legal regulation contributes to (or at least hinders) manifestations of initiative, activity and independence in solving various problems. However, this type of legal regulation is not applicable to the activities of public bodies, because it would create opportunities for all kinds of abuse.

Obschedozvolitelny type of legal regulation related to the fixing of the right social freedom, the right to choose the subject of how to achieve the goals.

Permissive type - is expressed in the principle: everything is forbidden that is not expressly permitted by law. The participants of the legal relationship of this type can only take actions that are expressly authorized by law, and all other acts are prohibited.

Razreshietlny type of legal regulation stems from the need for a high and strict ordering of social relations, the consistent implementation of the principles of law. He is the only one in the application of measures of state coercion.

Permissive type of legal regulation is based on the general prohibition of any kind of action, but on an individual basis prohibited conduct is prohibited.

Its formula is as follows: do not all but explicit permission. This means that a member of legal relations of this type can only perform actions that are expressly authorized by law, and all other acts are prohibited.

Here, the law states the exact strictly limited powers: all that is outside the competence of ruling entity, is expressly prohibited.

Control questions:

1 What is a concept of the state ?

2 What external functions of the state do you know?

3 What internal functions of the state do you know?

4 What are the features of the state?

5 What does the “form of the state” mean?

6 What does the “form of government” mean?

7 What kinds the form of government do you know?

8 What does the “form of state structure” mean?

9 What kinds the form of state structure do you know?

10 What does the “form of the political regime” mean?

11 What kinds the form of the political regime do you know?

12 What is a concept of the law?

13 What are the features of the law?

14 What do you know about the system and hierarchy of Kazakhstan legislation?

15 What is a concept of the legal regulation?

Topic 2 Basics of a constitutional law of the Republic of Kazakhstan.

Purpose: to acquaint with the basics of a constitutional law and state administration in the Republic of Kazakhstan; present the system of law enforcement agencies and court in the Republic of Kazakhstan

Plan:

1 Basics of the constitutional order of the Republic of Kazakhstan.

2 The constitutional basics of a legal status of the individual and the citizen in the Republic of Kazakhstan.

3 Citizenship as the link between an individual and a state.

4 Constitutional legal status of the President, Parliament, Government and Constitutional Council of the Republic of Kazakhstan.