Realization of the right
The concept of the realization of law is not simple. It is important not only to define the implementation, but also to indicate its methods and methods. In general, it is worth noting that many important issues are associated with it.
What is the realization of law? This term is understood to mean the process of implementing any legal regulations, as well as the direct implementation of these prescriptions in the behavior of members of society.
The realization of law is not limited tothe external manifestation of the processes of legal regulation, since it is also their end result. Note that it can be associated only with the behavior of people, which corresponds to certain prescriptions, that is, it is legitimate. Legitimacy can consist in observance of certain prescriptions (talking about the action) or about not committing actions that are recognized as unlawful (speech about inaction).
From all that has been said, we can conclude that the implementation of the rules of law arises with legitimate behavior, unlawful behavior with it is not connected in any way, since under it the norms of law are violated.
Its forms are different. Everything depends on the criterion on the basis of which the classification itself is made. If we take into account the legal position of the law-forming subject, then the realization of law can be complex and simple. With a simple everything happens without the intervention of any state forces. Complex is connected with the activity of competent state bodies.
A simple realization of law (also called direct) is divided into:
- compliance with standards;
- the implementation of standards;
- use of norms.
Use - the implementation of subjective rights, execution - the performance of duties, compliance - the implementation of prohibitions.
The implementation of the rule of law can be carried out outside theor by creating any legal relationship. In the first case, the realization consists in abstaining from any actions that are prohibited. The implementation of a legal prohibition in everyday life can be observed when subjects of legal relations do not perform actions not permitted by the law adopted in the country.
Most often, the prohibition is invisible. Fixing it does not always happen. For these reasons, the legal nature of the ban is not always tangible.
As already mentioned, the realization of the right is possible inform of active action. It is about participating in rallies, demonstrations and so on. This form of implementation is specific in that the action, which is a right-realization, proceeds from the NPA, but there are no legally significant consequences.
The realization of the right, which is carried outthrough legal relations, can be divided into civil law and administrative law. In the first case, the participants are private companies, citizens, organizations and so on. The implementation of the law is related to their actions regarding the conclusion of transactions, drafting wills, renting out premises. We are talking about civil law, and therefore, on those legal relations, the parties in which are equal.
What is the essence of the administrative and legal formrealization of the right? Here, one side must necessarily be endowed with state power. In this case, there is a legal inequality, as well as a subordinate position of the parties. In this kind of legal relationship, officials or state officials participate. organs.
It is also possible to divide by subject composition. Individual and collective forms are distinguished here. As an example, the first case can be called the payment of travel, the drafting of a will, to the second - the conclusion of a collective agreement.
By external manifestation, you can select a passive and active form. By the same method, it is possible to single out a voluntary, as well as compulsory exercise of the law.