<<
>>

THE CONCLUSION

The carried out research has allowed to make a number of the important conclusions, to add existing and to formulate new definitions of some concepts.

The concept "legal regulation" is among the basic and most difficult categories in jurisprudence and has long history of formation.

Within the limits of dissertational work the analysis of the various legal researches mentioning matters of law and legal regulation is carried out. Evolution of a category "legal regulation" since second half XIX century till now is tracked. Despite a considerable quantity of approaches to definition of the given concept, of modern Russian jurisprudence dominirujuet normativnoetatistsky the approach defining legal regulation as activity of the state on streamlining of public relations by means of the right. We draw a conclusion on its limitation and it is offered for deeper understanding and definition of concept "legal regulation" to be based on the system approach in research of the specified phenomenon.

In the present research that fact is taken into consideration, that legal regulation acts as one of aspects of action of the right, is one of directions of influence of the right to public relations. In spite of the fact that within the limits of studying by jurisprudence of the social mechanism of action of the right attempts, and quite successful are undertaken, to reveal and describe interrelation social and legal in the right, nevertheless to the former the understanding of the right peculiar to legal positivism as systems of laws which besides conceptual "losses", has adhered jurisprudence to will of the legislator is felt. On a right place has affirmed

The "creation" of the legislator perceived dogmatically, is frequent without the critical analysis. System of the right regulation as a scientific category of races -

smatrivaetsja as closed, closed, directly connected only with the legal form of the right.

Not belittling a state role in pravotvorcheskom process, it is necessary to consider the right and as a social phenomenon, and as a part of spiritual sphere of a society where the general and concrete representations about justice are expressed. The right is objective, sotsiokulturnaja the integrity not completely depending from any or someone's imperious usmotreny. Proceeding from such definition of the right, the concept "legal regulation" of the given work was not limited only normativistskoj to the treatment identifying the right and the law. This position has solving methodological value for the present research and has allowed to study a category "legal regulation" in its organic communication with the state and morals, with practical activities of people in the most various areas of a public life.

In this context interest is represented by a position according to which the right is considered as unity standard (legally due) and dejatelnostnogo (real). The nature, appointment and social productivity (value) of the right are commensurated with interests and requirements of the human person, universal values and priorities.

Thus, legal regulation is caused by the polytypic reasons on the character of a social and legal order. It is carried out by difficult organised system of is social-legal means (principles, instructions, institutes, actions or measures of social and legal property), considered in unity and in interrelation with social activity of people, their interests and requirements.

The offered approach to understanding of legal regulation integrates its most important aspects – social and legal. The social (not legal) aspect is shown depending on social system in whole and its regulators in particular, not expressed in a positive law, the legislation demanding registration and corresponding legal means.

The legal aspect of legal regulation is shown in operating, a positive law as the special mechanism of achievement of the purpose of the right.

In work it is designated, that as a whole regulation process occurs under the general action of various regulators which are embodied in the certain forms allowing them directly to participate in reduction of social system in a condition, providing normal and correct work of all its elements. The analysis of system of social regulation shows, that it is the difficult and branched out set of the interconnected and co-operating regulators of conscious and purposeful influence of a social generality on activity of people. This system not only orders public relations, but also sets it a development vector, influencing definitely on public processes. In system of social regulation the great value has not only standard regulation, but also not standard which is not connected with an establishment of obligatory rules of the behaviour extending on typical, repeating relations.

As one of the basic regulators in system of social regulation the right which, along with other social regulators, forms the specific environment of the action acts. In the dissertation definition of concept "jural sphere" as parts of a social reality for which in operating rules of law the law and order model is defined is formulated, i.e. The necessary and desirable condition of the social environment caused by social values and representations about justice as the compromise between individual interest and the public benefit, formulated in standard legal acts. This extremely wide abstraction urged to cover itself all legal and to designate limits reguljativnogo right influences.

The system of social regulation is a legal regulation basis that defines laws and features of the last. The maintenance of process of legal regulation is caused in the considerable

Degrees social values which the society recognises as reference points of the life and activity and in appropriate way protects from encroachments. Legal regulation appears as the system providing and protecting an image of an order, expressing aspiration of a society to orderliness, organisation, a coordination. Research of legal regulation from positions of the system approach and representations about activity as unity of the purpose, means and result has shown, that the given category means streamlining of public relations by the social regulators, carried out in the jural sphere.

Besides, legal regulation is the system consisting of three basic elements. First, it is the purpose of the given regulation caused by interests and requirements of subjects, and also formulated on the basis of corresponding social values in standard legal acts of the government. In a general plan the legal regulation purpose is the establishment of model, an image of the law and order formulated in legal rules. Secondly, it is set of means which are necessary for object in view achievement. Legal regulation represents a specific cut and the important part of sphere of social regulation, its originality consists that it is carried out within the jural sphere which borders are outlined by model of the law and order and the public relations regulated by the state. Thus the legal regulation system remains opened: It actively co-operates with other elements of system of social regulation. Thirdly, it is result of the legal regulation, as much as possible answering in advance designated purpose and representing actual, real-life legal order.

Jural sphere definition as scopes and applications of the right and as a circle of the most significant public relations on which the right can and should influence, gives the bases for differentiation

"Legal" and "not legal". Thus not legal phenomena can rassmat -

rivatsja in two aspects. On the one hand, under not legal it is possible to understand that does not concern the jural sphere, is behind its limits. In that case, distinction consists that the jural sphere is presented by those public relations which can and should be brought into accord with accurately enough formulated in standard legal acts of the state ideal model, in the image of an order.

On the other hand, under not legal it is possible to understand that contradicts legal, it is inadmissible from the point of view of the right, antilegal. Hence, not legal is that there is outside of admissible behaviour and a society condition, that is forbidden from the point of view of the law (in a broad sense) the states.

It is necessary to notice, that the social recognition of the right as image of an order is provided not only force of compulsion and authority of the power. The great value for realisation reguljativnogo right potential has a recognition to its corresponding social conditions of the life reflecting the basic foundations and values общества1. It is right cannot to arise from one desire or command of the dominating subject. It scoops the maintenance in public relations, rules of behaviour and, at last, in social values.

The formulated definition of the jural sphere and the frameworks of legal regulation outlined thus are of great importance for research as have allowed to allocate in the jural sphere not only the state as basic "creator" of the right, but also other phenomena promoting achievement of the purpose of legal regulation. With a support that acts in each concrete case as a source in which the right "scoops" the reguljativnuju force, – the state in the name of its bodies and officials or system of social regulation, in the present dissertational research

Legal and not legal aspects of legal regulation are allocated.

1 Derbin A.P. Social values and the right//Ontologija and aksiologija the rights: theses of reports and messages of the second mezhdunar. nauch. konf. (October, 2005). Omsk, 2005. With. 83.

Each of the given parties is characterised by use by special set of legal means. The legal aspect of legal regulation is defined as mediated by legal acts of competent state bodies and officials the activity directed on streamlining of public relations. It is offered to understand process of reduction of social system as not legal aspect in the ordered condition by means of use of potential of various not legal social regulators in the jural sphere. This process is presented in the form of an establishment and realisation of public (measures) of rules of behaviour or in the form of self-regulation with a view of achievement of stability of relations in a public life.

The analysis of the existing points of view and the discrimination to definition of means of legal regulation has allowed to formulate their definition as the phenomena of the social validity expressed in establishments and actions, intended for achievement of the is social-useful legal purpose caused by lawful interests and requirements of subjects of law. The made definition reflects institutsionalnodejatelnostnuju essence of the specified means, which inseparably linked with legal regulation. In the course of legal regulation this dependence is mutual, as the purpose defines corresponding means, and means – degree of possibility of achievement of an object in view, namely productivity, efficiency of legal influence. The basic signs of means of legal regulation are: the purposefulness caused by interest of the subject, functioning within the jural sphere. Besides it, the important indicators of the specified means serve possibility of their use as subjects and the certain potential allowing subjects to achieve the object. It means, that means legal regulirovanijapozvoljajut to cope with difficulties, to overcome obstacles, to provide the decision of the ripened vital question.

Means-establishments include a various sort rules of law and behaviour rules, and means-action – the various procedures which are carried out with a view of legal regulation, and also ways and legal regulation receptions. The greatest interest for the present research is caused by legal and not legal means as with their help it is possible to analyse all available tools of legal regulation and to consider their features and law.

Taking into account the characteristic of legal regulation, concept definition «legal means» as follows is formulated: these are establishments and actions of competent state bodies and the officials, the purposes of legal regulation directed on achievement. They are characterised by indissolubility with the state, its bodies and officials, and also the documentary nature, i.e. spetsialnojuridicheskoj the form. The first group of legal means – under the expression form – is constituted by standard legal acts, certificates of official interpretation of the right, certificates of realisation of the right, the law-making treaty; the second group

– Under the maintenance – principles of the right, the rule of law, legal precedent (including pravopolozhenija experts). The characteristic of the basic legal means has allowed to draw a conclusion, that legal regulation, being is caused by a real condition and laws of social development, expresses objective requirement of any society for streamlining of actions and mutual relations of its members, in submission to their established norms and behaviour rules. Legal means of legal regulation basically successfully solve the problems put before them, playing sistemoobrazujushchuju a role in formation of legal toolkit, owing to them obshchesotsialnogo character and security the state. They it is direct or oposredovanno will organise any relations through definition of models of lawful behaviour. Thereby possibility to reveal in legal regulation something material, subject is provided. Legal means allow to define communication of the right with the state, as

With their help the last influences public relations and the state-legal validity will be transformed.

But at the same time in connection with blanks and other problems existing in the legislation and legal practice, legal regulation not always appears effective enough and productive. Hence, the help from the outside, from system of social regulation is necessary for legal regulation. For this reason for fuller research of means with which help legal regulation is realised, its not legal aspect has been considered.

On the basis of the analysis of the various points of view on this question concerning a solvency and validity of positions the conclusion is drawn on existence not legal in the right, and accordingly, and not legal means in legal regulation system. In work definition of not legal means for the first time is formulated: these are socially significant phenomena expressed in the form of establishments and actions with which help lawful interests of participants of public relations in the jural sphere are satisfied. These means give the chance to the subjects who have entered is social-legal dialogue, to make actual or objective (not regulated by legal rules, but the rights answering to the nature) actions on which basis there are objective (actual) legal relations. As signs of not legal means act unsystematic character, situativnost and auxiliary character. Nejuridichesky means prove as social norms and behaviour rules (moral, religious norms, customs, norms of public organisations), and certain ways and receptions (negotiations and intermediary (mediation)), used with a view of legal regulation. The analysis of the basic not legal means has led to a conclusion that their concrete kind depends on features of relations, subjects and concrete circumstances in which legal regulation is carried out. Nejuridichesky means play auxiliary, and therefore a time role, they are not stably

Operating means of legal regulation, and are only involved in the jural sphere for achievement of the legal purpose.

Nejuridichesky means are capable to operate together with legal means in the course of legal regulation. They are connected with behaviour of people in wide areas of their social interaction. Combined action of legal and not legal means can positively influence the permission disputable or conflict situations between people or social groups, and also allows to achieve the object, caused by lawful interests and requirements of subjects of law. Their communication defined by uniform spheres of public relations (within the limits of the jural sphere), means, that they should operate and often operate odnonapravleno, mutually supplementing each other. Interaction and vzaimodopolnenie legal and not legal means in legal regulation system is defined by efficiency of this process, its productivity in business of an establishment of a legal order.

<< | >>
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

More on topic THE CONCLUSION:

  1. the Conclusion
  2. THE CONCLUSION
  3. THE CONCLUSION
  4. the Conclusion
  5. the Conclusion
  6. THE CONCLUSION
  7. the Pathomorphologic conclusion
  8. THE CONCLUSION
  9. THE CONCLUSION
  10. THE CONCLUSION
  11. THE CONCLUSION
  12. THE CONCLUSION
  13. the Conclusion
  14. THE CONCLUSION
  15. the Conclusion
  16. THE CONCLUSION
  17. THE CONCLUSION
  18. the Conclusion
  19. THE CONCLUSION