Every law student has come across the concept of an imperative method of legal regulation, but not many people know what the essence of this method is and what distinctive features it has.
Methods of legal regulation as an element of stabilization of social and legal relations
Social and legal relations are constantly in dynamic development. Every minute in the world, various connections between subjects of law arise, strengthen and disappear. It's not a secret for anyone that the framework of any relationship is established by some norms. Legal relations in this case are no exception.
In law, the concept of a method of legal regulation is adopted, the content of which is made up of certain norms related to a particular branch of law. There are two main methods of legal regulation: the dispositive and the imperative method. Both methods are used in all branches of law, but somewhere the predominant one is dispositive, and somewhere it is imperative.
Briefly about the dispositive method
The dispositive method is designed to coordinate the actions of various subjects, without directly obliging them to commit any act. A distinctive feature of this method is that the subjects of legal relations are equal to each other, that is, there is no aspect of power and subordination in the relationship. The dispositive method is most often used in such branches of law as civil law. So, an integral part of civil law relations are various contracts, the existence of which is designed to coordinate the actions and goals of certain persons. The dispositive method here is a kind of regulator for drafting a contract and aspects not specified in it.
Authoritarianism of the imperative method of legal regulation
The imperative method is a certain method of subordination, which sets a clear framework for permissible legal relations established by binding and prohibiting norms.
The essence of this method lies in the impossibility of an alternative choice of an acceptable option of behavior. The choice of certain behavior is not possible because it is regulated by a clear legislative framework as a prohibition or obligation. The subjects of legal relations can only fulfill these instructions, since evading them entails the imposition of responsibility. This leads to the main difference between imperative and dispositive methods. The imperative prohibits everything that is not permitted by law, and the dispositive, on the contrary, permits everything that is not prohibited by law.
The imperative method of legal regulation is characteristic, first of all, for branches of public law, which, for example, include constitutional and administrative law.
So, summing up the above, let's highlight the main features of the imperative method:
- It is expressed in norms-prohibitions and norms-obligations.
- It is established in regulations governing the powers of some persons and the responsibilities of others.
- It is based on state coercion carried out by various state authorities.
- Failure to comply with the prescribed norms entails mandatory imposition of liability.
