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§ 1. Concept of means of legal regulation

The society is a difficult formation which aspires to organisation and orderliness, therefore in system of social regulation are created and corresponding elements are improved. Legal regulation as an organic part of system of social regulation is carried out by set of means which have received the name «legal means» 1.

The problem of legal means is actual in jurisprudence and is connected

With necessity to reveal and define the most effective ways and ways of achievement of the purposes corresponding to interests of a society in those spheres of its ability to live which are covered by the right. The analysis of the legal literature has shown a variety in definitions and contradictions in understanding of legal means.

In general means is «reception, a way of action for achievement kakojlibo the purposes», «that serves any purpose, the tool, the device, the adaptation, etc. is necessary for achievement, realisation something», «. Or their set, necessary for realisation of any activity» 2. The term «legal means» was used even in works dorevoljutsi -

onnyh scientists-juristov3. But except a mention the concept has not received dolzh -

nogo the analysis and, accordingly, accurate definition. Legal means as separate legal categories began to be investigated within the limits of separate

1 Alexeys S.S.Mehanizm of legal regulation in the socialist state. With. 30.

2 Big explanatory dictionary of Russian / sost. S.A.Kuznetsov. SPb., 1998. With. 1256; Ozhegov S. I, Shvedova N. Ju. The decree. soch. With. 760; Efremova E. F. The new dictionary of Russian. Sensible-word-formation. M, 2000, T. 2. With. 689.

3 Petrazhitsky L.I.Vvedenie in right and morals studying. Bases of emotional psychology. SPb., 1908. With. 4; Shershenevich G. F. The decree. soch. With. 639; ZHizhilenko A.A.Nakazanie. Its concept and difference from other law-enforcement means. Pg.,

1914. WITH. 26.

Branches of law in 60th of XX century, basically they contacted regulation of relations in sphere of private law without its distribution on area criminal, administrative and others public отношений1. And from the end

80th of XX century at level of the general theory of law a problem of legal means were lifted by S.S.Alekseev2.

Within the limits of branch legal researches there were preconditions to formation of tool theory of law which actively develops now. A kernel of the specified theory is position about ability of a positive law and its separate elements to be means (tool) of achievement defined целей3. It studies system of the legal means consolidated on separate sites of legal regulation in original mechanisms and modes, providing the effective decision social and economic, political, cultural and others задач4. Supporters of the tool theory understand preconditions as legal means (or conditions), established by rules of law with which help it is carried out is standard-legal регулирование5. Thus the concept of means of legal influence is defined as with -

vokupnost ways and realisation forms права6.

V.A.Sapun has formulated a definition of legal means as follows: «Legal means is institutsionnye formations (establishments, forms) the legal validity which use in special legal activity leads to achievement defined re -

1 Elkind P. S. The purposes and means of their achievement in the Soviet criminal procedure. L, 1976, 142 with.; Shevchenko n in civil law//Owls. Gos-in and the right. 1977. № 7. With. 55–62; Znamensky G. L. Perfection of the economic legislation: the purpose and means. Kiev, 1980. 186 with.; Puginsky B.I.Grazhdansko-pravovye of means in economic relations. M, 1984. 223 with.

2 Alexeys S.S.Pravovye of means: problem statement, concept, classification//Owls. Gos-in and the right. 1987. № 6. With. 12–19.

3 Sapun V. A. Tool theory of law in jurisprudence / Sb. nauch. tr.

1992. S.17-22; Shundikov K.V. the Decree. soch. With. 16–23.

4 Shundikov K.V. the Decree. soch. With. 17.

5 Alexander N.G. Theory of state and law. M, 1974. With. 540.

6 Alexander N.G. the Right and legality in the developed building of communism. With. 183.

zultata in the decision of social and economic, political, moral and other problems and the problems facing to a society and the state at the present stage »1. S.S.Alekseev from the point of view of the tool approach considered legal means as institutsionalnye the phenomena of the legal validity embodying reguljativnuju force of the right, its energy to which posess its role active центров2.

It is necessary to notice, that the tool theory is developed within the limits of analytical jurisprudence and, in our opinion, actually does not consider close and steady communications of the right with other components of social system (economic, cultural, etc.). Insufficient degree of expression of this important and deep communication in right development leads to one-dimensionality of the most tool theory. In essence, legal means are defined only in aspect of formal establishments of the legislator or the receptions developed legal практикой3. The Nejuridichesky, social aspect of legal means and all other phenomena of the validity used in a legal field for achievement of objects in view, are not considered, though the legal instrumentalism and applies for finishing a specially-legal problematics to level of philosophical judgement.

The tool theory puts before itself a problem to overcome some conservatism, narrowness of legal thinking, more seriously to realise a right role as means of achievement socially useful целей4. The specified theory applies for a special role in the general theory of law, as the approach, capable to integrate various directions of scientific researches about

The right to open the nature already enough studied legal fenome -

1 Sapun V. A. Activity on use of legal means in realisation of the Soviet right//Problems of realisation of the right: interhigh school. sb. nauch. tr. Sverdlovsk, 1990. With. 10.

2 Alexeys S.S.Voshozhdenie to the right. Searches and decisions. With. 188–189.

3 Belova L.V. Legal means and forms of protection of economic interests: avtoref. dis. … kand. jurid. Sciences. Kazan, 2006. With. 17–18.

4 Shundikov K.V. the Decree. soch. With. 19.

It is new from the new party, to receive earlier unknown data on essence and reguljativnyh possibilities of various elements legal формы1. We believe, that the tool theory has the certain specificity caused by that it has arisen and develops within the limits of the standard approach to understanding of the right. Hence, the analysis of legal means becomes isolated on corresponding treatment of the right, not always considering communications of the last with other elements of system of social regulation.

Besides, given theory does not consider legal means as certain actions which are undertaken by subjects for object in view achievement. From positions of the tool theory the attention is accented on methods of influence of the right and ways of achievement of base requirements of subjects by perfection, creation of objective norms and their application, that, certainly, has theoretical and practical value for branch researches, a concrete kind pravoprimenitelnoj activity. But for the analysis of functioning and development of system of the legal

Regulations as complete formation – dynamic системы2 – a cart -

mozhnostej it is not enough instrumentalism.

Taking into consideration the unconditional importance of the positions developed within the limits of the tool theory, and also with a view of overcoming existing, in our opinion, some theoretical limitation of the given theory, we suggest to consider legal means as a component of toolkit of legal regulation or system of means of legal regulation.

Legal means are considered from the point of view of an instrumentalism as obektivirovannye substantsionalnye the legal phenomena possessing fixed properties which allow to realise potential and

Force права3. With reference to legal regulation means, for ours

1 Shundikov K.V. the Decree. soch. With. 23.

2 Narykova S.P. the System approach to research of the mechanism of legal regulation: avtoref. dis. … kand. jurid. Sciences. M, 2006. With. 14.

3 In the same place. With. 190.

The sight, substantsionalnost does not act as their general property whereas the various social regulators already existing and functioning, are involved in the jural sphere, clothe in the certain form and only in this case participate in legal regulation. It only the means allowing in various combinations to reach harmony and an order in public relations. These are the phenomena which promote achievement of the purpose of legal regulation depending on a situation and from subjects, in it involved.

The objectivity acting as a sign of legal means, can be regarded only as a facultative sign of means of legal regulation. Legal regulation as purposeful process objectively only partially as it is caused by subjective requirements of people, their interests. With society development these interests are fixed in legal principles, standard and individual instructions, realised in legal relations, and then shown in legality and the law and order as results of achievement of the purpose legal регулирования1.

Besides the tool approach, essential additions to on -

nimaniju toolkit of means of legal regulation is capable to give dejatelnostnyj the approach focusing attention on means as a basic element of system legal регулирования2.

From positions of the given approach legal means are understood as a combination (combination) of legally significant actions made by subjects with admissible degree of the discretion and serving to achievement of their purposes (interests), not contradicting the legislation and interests общества3. B.I.Minz in a counterbalance of the tool theory defines the legal

Means as ways and receptions of the actions expressing optimum cook -

1 Kerimov D.A.Osnovy of legal philosophy. M, 1992. With. 81.

2 Wolves And. M, Mikadze J. V, Solntsev G. N. The decree. soch. With. 107–108.

3 Puginsky B.I.Pravovye of means of maintenance of a production efficiency / otv. red. I.N.Petrov. M, 1980. 144 c; It. Civil-law means in economic relations. M, 1984. 87 with.; Minz B.I.Ponjatie and a role of legal means in ho -

zjajstvennyh relations//Jurisprudence. 1983. № 2. With. 69–74.

anty behaviour of subjects отношений1. In that case the accent becomes on legal activity without means of an establishment of the right. Elementary constituting activity action is. In frameworks dejatelnostnogo the approach action is understood as the process, subordinated to representation about that result which should be reached, i.e. The process subordinated of the conscious purpose. In other words, legal means are considered as special actions, ways of achievement by subjects of the purposes. Thus, means become between the subject and the purpose and represent the certain actions aimed at achievement of result.

It is necessary to notice, that S.S.Alekseev, the supporter of the tool theory, does not consider action by legal means. In its opinion, legal means differ from other components of the legal validity, namely from actions in the field of law-making, certificates on realisation and application of rules of law (interpretation, removal pravoprimenitelnyh decisions, execution of certificates jurisdiktsionnyh bodies etc.). These actions are considered in legal regulation and possess defined reguljativnymi functions. But they do not form so-called reguljativnyh particles, components reguljativnogo "substance" of the right, that is legal means. Therefore actions as components of the legal validity are near to legal means, are connected with them, but is direct in their structure do not enter. Legal activity is, in effect, application and use legal средств2.

Let's dare to disagree with the given position, as its author

Nevertheless starts with the general for legal means of a sign substantsionalnosti about which it has been told above in this connection this parcel has resulted, in our opinion, to an erroneous conclusion. Besides S.S.Alekseev recognises, that,

Though legal means are the phenomena substantsionalnye, in them, in most them

1 Minz B.I.Ukaz. soch. With. 71–72.

2 Alexeys n. With. 218.

Life, there is a moment reflecting them dejatelnostnyj aspect (possibility of that subjects «take them in hands» and will achieve with their help of the necessary, expected result) 1.

In our opinion, opposition of the tool theory of legal means and dejatelnostnogo the approach can be authorised as follows. From the point of view of philosophical representations about means activity are shown in two forms: subject and объектной2. Subject means (the way, a method, reception, algorithm, a rule) concern actions of the subject of activity, characterise their maintenance, an order, sequence. Objective means (the tool, the tool, the device, etc.) are out of the subject and are those or other subjects used as means. That is legal means can be sredstvamiustanovlenijami (interdictions, encouragements, etc.) and means-actions (certificates of realisation of the rights and duties) 3. The first represent ideal in

Legal regulation, and the second – реальное4. The Same concerns and to

To legal regulation means.

Existence and actions, and establishments as forms of means of legal regulation speaks in the course of the activity description. Dejatelnostnyj the approach allows to consider means of legal regulation not only in a statics, but also in dynamics, i.e. The given means are actions or their set which are made by subjects with a definite purpose. Hence, the tool theory can be considered as a component dejatelnostnogo the approach to a problem legal regulirova -

nija.

Dejatelnostnyj the approach allows to present legal regulirova -

nie as the vigorous activity (instead of passive preterpevanie influences

1 In the same place. With. 220.

2 Balashov L. E. The decree. soch. With. 506.

3 Malko A.V. Legal means: theory and practice questions//Magazine of the Russian right. 1998. № 8. With. 69.

4 Malko A.V. Legal means as a general-theoretical problem//the Jurist -

nie. 1999. № 2. With. 7–12.

The rights) all subjects of law (and not just the state and its bodies). The formulated position that legal regulation is carried out by means of the obligatory norms proceeding from государства1, not always corresponds to the validity as each subject is capable to use potential of the right for satisfaction of the interests. And the right, in turn, not always depends on will of the state. In this connection, a category

«Legal regulation means», unlike a category «legal means», includes not only the legal phenomena whereas other social regulators are involved in a legal field also. The state establishes limits of behaviour and designates that moment when can interfere with this process. And even in similar situations the person which interest will mention, can refuse state intervention, having resolved a conflict situation independently. Existence testifies to it in the Code of Criminal Procedure of the Russian Federation (further – UPK the Russian Federation) institute of request of the aggrieved party (ch, for example. 2 items 20).

Thus, it is possible to consider as legal regulation means certain procedures, ways and receptions, and also establishments which are used in the course of legal regulation. Their reasonable combination, interaction should promote efficiency of legal regulation. Without the means of legal regulation connected both with an establishment, and with right realisation, it is impossible to estimate efficiency of legal influence. Besides, such understanding of means of legal regulation supplements the maintenance of toolkit of legal regulation, allowing to include in it interest and socially useful purposes.

To formulate even more exact definition, it is necessary to correlate the given concept with adjacent categories which are used at the description of process of legal regulation. Along with on -

njatiem "means" in the various legal literature are used that -

1 Bajtin M. I. About modern standard understanding of the right//Magazine of the Russian right. 1999. № 1. With. 98–107.

kie concepts, as "reception", "way" and "method". And many authors accurately do not differentiate these concepts, defining one through another in various комбинациях1. Scientific researches of these categories by present time for the present have not developed in the complete, harmonous doctrine within the limits of theory of law and the state. Achievements in this area of various authors concern separate fragments of the specified problem and concern branch jurisprudence. Nevertheless they constitute necessary base for a formulation of the unified definitions of the named concepts.

The question on a parity of concepts "method" is problematic enough,

"Way" and "reception". In the legal literature "reception" has no independent value and it is used for definition of adjacent concepts. More often the term "reception" is used as a synonym of a method or способа2. However, despite similar lexical value of the listed words, they are discriminated by various semantic shades. Reception is an action for achievement something or one of the actions capable повторяться3. Differently, receptions are the quite concrete actions made for once, carried out in the course of regulation both constituting once way carried out in the course of regulation and a method legal регулирования4. Also reception has more a specific goal as in its frameworks separate action receives rather personal definition – it is directed on the decision of the put problem by the certain subject in a certain situation. From here follows, that reception represents itself as original updating of the sample of behaviour, lips -

novlennogo the rule of law. Depending on duration dej -

1 Alexeys S.S.Voshozhdenie to the right. Decision searches. With. 273; Bajtin M. I, Petrov D.E.Metod of regulation in the legal system: kinds and structure//Magazine of the Russian right. 2006. № 2. With. 85.

2 Lopatins V.V., Lopatin L.E.Malyj Russian explanatory dictionary: apprx.

35 000 words. M, 1993. With. 276.

3 Big explanatory dictionary of Russian / sost. S.A.Kuznetsov. With. 976.

4 Method of regulation in the legal system: kinds and structure//Magazine of the Russian right. 2006. № 2. With. 85; Ignatenkova K. E. The permission as a way legal regulirova -

nija: avtoref. dis. … kand. jurid. Sciences. Saratov, 2006. With. 9.

stvija reception – rather short-term certificate which is carried out in aggregate with other receptions and способами1.

Way – a line of action, reception, possibility, means, a real condition for realisation, achievements of that-libo2; actions or system of actions which are applied to realisation of that-libo3. In jurisprudence the way of legal regulation is defined as the basic way or a direction of legal influence on public отношения4, as state-imperious веление5 or legally significant информация6. We believe, that the most exact definition of concept «a way of legal regulation» is possible through the form of its external expression – the instruction. In that case the instruction is understood as the obligatory formally certain imperious command representing the formulation concluded in it воли7. Thanking these instructions receiving legal character at their hit in a legal field, probably to invest thought, for example, the legislator in a material cover, accurately to express the maintenance of a way of regulation, and also motivatsionno to influence will and consciousness of subjects for achievement of socially necessary results.

Hence, it is necessary to understand as way of legal regulation based on an estimation of socially significant phenomena set of the legal instructions fixing a complex of actions by means of which it is carried out reguljativnoe influence on consciousness and will of people

With a view of achievement of socially useful result.

1 Terjaevsky S.A.Sistema of legal regulation methods in legal practice of the modern Russian state: avtoref. dis. … kand. jurid. Sciences. Saratov,

2009. WITH. 19.

2 Efremova E. F. The decree. soch. With. 684.

3 Big explanatory dictionary of Russian. With. 1251.

4 Alexeys S.S.Obshchaja theory of law. T. 1. With. 157.

5 Kulapov V. L. Problems of theory of state and law. Saratov, 2006. With. 258.

6 Ignatenkova K. E. The decree. soch. With. 9.

7 Hohlova I.S.Sposob of legal regulation: avtoref. dis. … kand. jurid. Sciences. Saratov, 2009. With. 14.

Besides it, ways of legal regulation carry to elementary means legal регулирования1. And these ways are used as the general for the national legal system of means of legal regulation of public relations.

According to traditional classification allocate three basic ways of legal regulation:

1) the permission or the permission (granting to the subject in certain frameworks of freedom of choice of a variant of the behaviour stimulating its legal activity, the creative and creative qualities, promoting the fullest satisfaction of interests of the person, a society and the state) 2;

2) objazyvanie or the instruction (duty putting on to make an active -

nye positive actions in favour of the state or the third parties) 3;

3) an interdiction (duty putting on to refrain from certain actions) 4.

There are also alternative points of view on the list of the basic ways of regulation. For example, V.M.Gorshenev has limited the given list, having included in it only interdictions and дозволения5. But it is represented to us not absolutely correct as objazyvanie it is inherent in standard regulation. And in aggregate permissions, objazyvanija and interdictions allow to cover practically with exhaustive completeness all kinds of legal bonds between subjects.

N. G.Aleksandrov basically denied existence of these ways

Separately from each other, referring on predostavitelno-obliging harak -

1 Mavrin S.P. About a role of a method of legal regulation in structurization and positive law development//Jurisprudence. 2003. № 1. With. 210.

2 Ignatenkova K. E. The decree. soch. With. 9.

3 Sorokin V. D. Legal regulation: the Subject, a method, process (macrolevel). SPb., 2003. With. 91–92.

4 Sultygov M.M.Zapret as legal regulation means: the monography. SPb., 2003. 83 with.

5 Gorshenev V.M.Sposoby and organizational forms of legal regulation in

Socialist society. M, 1972. With. 50.

Rubbed legal регулирования1. Such position is not divided by us, as at the analysis of rights of citizens the centre of gravity cannot be transferred on studying korrespondirujushchih it of duties and наоборот2.

O.S.Ioffe, M.D.Shargorodsky recommendations (added to three mentioned elements also councils concerning optimum forms of behaviour in a certain situation) 3. There is also a point of view considering as a way of legal regulation encouragement as granting of any privileges or other blessings at a choice of a certain variant поведения4.

We divide a position according to which to the basic ways of legal regulation carry the permission, objazyvanie, an interdiction, and to complex – recommendations and поощрения5. Encouragement is directed on stimulation of positive and productive activity, therefore the central place in it occupy permissions at guaranteeing position objazyvany. Recommendations specify in the most desirable model of behaviour, in their structure permissions prevail at an auxiliary role objazyvany and an insignificant share of interdictions.

The legal regulation method under the general rule is defined as a set of methods, ways and means with which help influence on participants of legal relations is carried out. This definition can contain other formulations in various interpretations, keeping thus initial sense.

So, M.D.Shargorodsky and O.S.Ioffe a method legal regulirova -

nija have defined as a specific way, with which help state blow -

1 Alexander N.G. Socialist principles of the Soviet right//Owls. Gos-in and the right. 1957. № 11. With. 16.

2 motovilovker E. I. V.N.Protasov. As as regulates the right. M, 1995: [Review]//Jurisprudence. 1996. № 2. With. 162.

3 Ioffe O. S, Shargorodsky M.D.Voprosy of theory of law. M, 1961. With. 141.

4 Malko A.V. Stimulus and restrictions as pair legal categories//Jurisprudence. 1995. № 1. With. 3–13; Kiselyov O.M.Pooshchrenie as a legal regulation method: avtoref. dis. … kand. jurid. Sciences. Saratov, 2000. With. 6.

5 Hohlova I.S.Ukaz. soch. With. 21.

stvo on the basis of the given body of legal rules provides the behaviour of people necessary to it as participants правоотношения1. B. M.Gorshenev has suggested to understand a method more widely: it is an original way of influence on public relations with a view of their settlement, which is expressed in an establishment by means of the rule of law defined (possible and due) conditions of will of subjects in their mutual relation with each other, and also concerning their desirable results поведения2. V.D.Sorokin believes, that the legal regulation method is a set of legal receptions, means, ways of influence of the social operating systems entering into machinery of state, on sotsialnopravovuju environment as a whole and on constituting it элементы3. C. S.Alekseev a legal regulation method names set of legal receptions and means with which help legal influence in the given area отношений4 is carried out. According to the M. Island Kiselevoj, the legal regulation method represents set of legal receptions, the means constituting a way of purposeful influence on a strong-willed condition of the individual in sphere public отношений5.

In the scientific literature other points of view on the category maintenance «a legal regulation method», not connecting it with concepts «a way of legal influence» or «reception of legal influence» are formulated also. For example, N.I.Matuzov considers a legal method as oprede -

lennyj a set of legal toolkit, by means of which gosu -

1 Shargorodsky M. D, Ioffe O. S. About system of the Soviet right//Owls. Gos-in and the right. 1957. № 6. With. 104.

2 Gorshenev Century of M. To a question on methods of legal regulation in the developed building of communism//Questions of economy, the state and the right in decisions of XXII congress of the CPSU: May, 1962: reports. Tomsk, 1962. With. 55–57.

3 Sorokin V. D. A legal regulation method. Theoretical problems. M,

1976. WITH. 84.

4 Alexeys S.S.Obshchaja theory of law. T. 1. With. 218.

The donative power has necessary influence on strong-willed public relations with a view of their direction in necessary русло1.

Thus, the analysis of concepts of a method of the legal regulation, offered by various authors, shows, that practically in each definition the legal regulation method is identified with «way of legal influence» on participants of public relations.

We believe, that method definition in a way is caused by close lexical value of these words. According to reference books the way is a line of action, reception, a method for realisation, achievements something; possibility, means, a real condition for realisation of that-libo2; "method" – a way of achievement of the purpose, a set of methods and

операций3. In jurisprudence the position, according to which is known meto -

dy are identified with ways legal регулирования4.

M.N.Marchenko considers, that the legal regulation method represents ways of influence on those or other public relations, on behaviour людей5. The legal regulation method, in its opinion, is not established any way by the legislator or pravoprimenitelnymi bodies, and caused by objective vital circumstances and directly defined by character and the maintenance of adjustable relations.

Thus, the legal regulation method develops of certain ways of influence on public relations. A way

Legal influence is one of method components pravovo -


WITH. 40.

1 Theory of state and law: a course of lectures / under the editorship of N.I.Matuzova, and. V.Malko.

2 Efremova E. F. The decree. soch. With. 684.

3 Ozhegov S. I, Shvedova N. Ju. The decree. soch. With. 346, 746.

4 Kiselyovs O.M.Ukaz. soch. With. 19; Gorshenev V.M.Sposoby (methods) and organizatsi -

onnye legal regulation forms during the modern period of communistic building. With. 116.

5 Marchenko M. N. Theory of state and law. M, 2004. With. 78.

go регулирования1. Being the difficult, many-sided legal phenomenon the method expresses a special mode of regulation and represents a specific complex of receptions and ways of the regulation, closely connected with corresponding group public отношений2.

Depending on features of adjustable relations and a combination of receptions and ways of influence legal regulation methods differ also. In particular, are allocated imperative (authoritative, a centralisation method, a subordination method, a method of imperious instructions) and optional (a decentralisation method, a coordination method, an autonomy method) methods. So, the imperative method differs categorical and strictly binding character of influence, using objazyvanija and interdictions in equal proportions, and in compliance with it position of subjects is characterised by relations of a subordination, direct submission. The optional method is characterised by equal in rights and free position of participants of relations which one of the offered variants of behaviour has the right to choose under own discretion, and formed mainly of permissions, and

objazyvanija constitute insignificant долю3.

Owing to that that the concept "means", as a rule, serves for generalisation of applied receptions and ways legal регулирования4, offer receptions and ways to carry to legal regulation means as means is with what the subject can "arm", «to take in hands», directly to take advantage for achievement put цели5. It follows from means definition – the tool, a way or action reception. And

The legal regulation method, in turn, represents sovo -

1 Rukavishnikov I.V. the Method in system of legal regulation of public relations//Jurisprudence. 2003. № 1. With. 219; Savostin A.A.Metody administrativnopravovogo regulations of public relations: avtoref. dis. … Dr.s jurid. Sciences. M, 2006. With. 17.

2 Alexeys n. With. 156–157.

3 Alexeys S.S.Obshchaja theory of law. T. 1. With. 295.

4 Sultygov M.M.Ukaz. soch. With. 43; Ignatenkova K. E. The decree. soch. With. 9.

5 Baturins J.B.Pravovaja the form and legal means in system of concepts of theory of law: avtoref. dis. … kand. jurid. Sciences. M, 2001. With. 7.

kupnost applied receptions, ways and means legal regulirova -

nija.

Analyzing the above-stated, we have come to conclusion that legal regulation means are establishments and action with which help the legal regulation purpose is reached. Establishments are understood as the phenomena of the social validity financially expressed in norms and instructions by means of which legal regulation is carried out. The various legal acts proceeding from the state, or social norms and the rules of behaviour involved in the jural sphere and participating in legal regulation, in writing or orally fixed, having institutsionalnyj character Mean, etc.

Normativnost acts as a universal organizational basis of legal regulation. This property predetermines a role of norms in legal regulation of public relations, and also their features as legal regulation means:

1) by means of norms typical both widespread relations and processes in a public life are regulated only;

2) norms are outwardly expressed in the form of system of measures, i.e. The rules of behaviour accepted by the parties of public relations, and also established by a society or its institutes for a wide range of relations;

3) norms are obligatory and provided by functioning corresponding social института1.

Actions as means represent certain procedures, carrying out which the subject reaches an object in view. Also it is possible to consider process of performance of a certain rule of behaviour as legal regulation means. Besides, the above-named receptions used in the course of legal also concern this kind of means reguli -

rovanija.

1 Anisimov A.M. not Standard regulation of relations of close persons: concept, features. With. 15.

All set of means of the legal regulation, forming legal regulation toolkit, acts as a certain, varying quantity of legal tools to which help there is a movement from the purpose to result. However the list of these means are in the centre of attention of scientists long время1. Analyzing the scientific literature devoted to the given question, it is possible to be convinced that in a science there is no unity in the decision of this problem.

S.S.Alekseev has included three basic elements or parts in legal regulation toolkit: legal rules, legal relations and certificates of realisation of rights and legal обязанностей2. And. V.Malko as a facultative element named guarding pravoprimenitelnyj акт3. However V.B.Isakov has specified that the rule of law, legal relation and certificates of realisation do not settle all set of legal means. In its opinion, to it it is necessary to add the juridical fact (structure) and the certificate of application of the right as a special version of certificates of realisation of the rights and обязанностей4. V.K.Babayev, in turn, has noticed, that the legal regulation toolkit includes overwhelming number of elements of legal system, except for legal учреждений5. To the list of legal means offered by S.S.Alekseevym, he has added principles of the right and legal culture. And the named elements are through as they penetrate all process of legal regulation, vklju -

chajas to some extent in its elements.

1 Kategov Ampere-second. The mechanism of application of the right and legal system of modern Russia: avtoref. dis. … Dr.s jurid. Sciences. SPb., 2002. 44 with.

2 Alexeys S.S.Mehanizm of legal regulation in the socialist state. With. 34.

3 Malko A.V. the legal regulation Mechanism: lecture//Jurisprudence. 1996.

№ 3 (214). S.44-49.

4 Isakov V. B. The Set of facts in the legal regulation mechanism. Saratov,

1980. WITH. 14.

5 Babayev V. K. Levels of legal regulation of public relations and the socialist law and order//the Law and order and a legal status of the person in the developed socialist society in the light of the Constitution of the USSR of 1977. Theory questions gosu -

darstva and the rights, state and administrative law. Saratov, 1980. With. 93.

T.N.Radko's approach to the analysis of the legal means including not only the rule of law, legal relation and realisation certificates, but also other elements (structural parts), playing rather appreciable role in regulation by the right public отношений1 is worthy. The essence of this approach consists in the analysis bolshego numbers of the legal means which are of great importance in realisation of the right as a regulator of public relations: an establishment of the legal personality of citizens, acquisition and change of their legal status, definition of the competence of authorities, a legal status of public associations (the organisations, parties, movements) and

Etc.

Thus, we carry legal rules to means of legal regulation (containing specific legal tools (levers) which are applied by subjects of legal relations in the activity; dogovory; responsibility; measures of protection; various legal receptions and designs – limitation of actions, ways of maintenance of obligations and avenue 2), legal relations, certificates реализации3, and also the rules of law which have been not expressed in the legislation, and other social regulators, in coordination with the right influencing a certain kind public отношений4.

Hence, the category is a lot of - «legal regulation means»

aspektna. For example, all legal system can be considered as a universal remedy of regulation of public relations, structural parts and which elements are: objective and the right, branch rules of law, dogovory, legal relations, subektiv -

nye the rights, duties etc. All of them represent the general for the right -

1 Radko T. N. Theory of state and law. M, 2001. With. 319.

2 70 years of the Soviet state and the right / under the editorship of A.I.Koroleva, thick, L.S.Javicha. L, 1987. With. 283.

3 Alexeys S.S.Pravovye of means: problem statement, concept, classification//Owls. Gos-in and the right. 1987. № 6. With. 14–16.

4 Golovkin R. B. The mechanism of morally-legal regulation of a private life//

Bulletin IGEU. 2005. Vyp. 2. With. 109–115.

Howl means systems (receptions, ways) legal regulation of public relations. At the same time concrete means of legal influence are formed within the limits of the concrete situations demanding the permission. Interdictions concern them, instructions, the permissions forming in aggregate universal toolkit for designing of any mechanism of legal regulation, in character and which maintenance find expression of feature of the subject of legal regulation and public relations constituting it.

Criteria for classifications of means of legal regulation it is possible to allocate much enough, that allows to see and understand all variety of these social phenomena. On a functional role there are following means: reguljativnye (permissions) and guarding (measures of protection); on value: the cores (applied to realisation of the rights or their protection) and auxiliary (serving processes of realisation by subjects of their rights and duties); on the importance of consequences: usual (penalty) and exclusive (death penalty); on action time: constants (citizenship) and time (award); on normativnosti: standard (the interdictions established in rules of law) and individual (the certificate of application of the right, the certificate of realisation of the rights and duties); on informatsionnopsihologicheskoj orientations: stimulating (privileges) and limiting (stay) etc.

However it is represented, that it is necessary to offer such criterion of classification which will allow to reflect system properties of legal regulation and, accordingly, mutual influence of elements of system of social regulation. In our opinion, as similar criterion it is necessary to define the form of fastening of means of legal regulation that is how the given means in the jural sphere are fixed, whether they are connected with specific legal activity of the state or are the social regulators which have been not interfaced to this activity. As such means we allocate legal and nejuri -

dicheskie means which will be in detail considered in following paragraphs.

Conclusion. Means of legal regulation - it is the phenomena of the social validity expressed in establishments and actions, directly allowing to reach socially useful purposes caused by interests and requirements of subjects, being in jural sphere limits. Means of legal regulation inseparably linked with its purposes. In the course of legal regulation this dependence is mutual, as the purpose defines means, and means – degree of possibility of achievement of an object in view, namely productivity, efficiency of corresponding influence. The basic signs of means of legal regulation: the purposefulness caused by interest of the subject, functioning within the jural sphere. Besides it, the important indicators of the given means are possibility of their use subjects and certain potential with which help subjects can reach the purpose. It means, that legal regulation means allow to cope with difficulties, to overcome obstacles, to provide the decision of the ripened vital question. As facultative signs act normativnost and objectivity which legal means possess only.

Establishments concern legal regulation means and the actions which are carried out in the course of legal regulation. Establishments include a various sort of a rule of behaviour, and action – the various procedures realised with a view of legal regulation, and also ways and legal regulation receptions. In our opinion, the greatest interest is caused by legal and not legal means as these kinds of means allow to analyse all tools of legal regulation and to consider their features and law.

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A source: Vasileva Natalia Vasilevna. LEGAL And NEJURIDICHESKY MEANS In LEGAL REGULATION SYSTEM. The dissertation on competition of a scientific degree of the master of laws. Omsk – 2014. 2014

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