47
JURISPRUDENCE:
PRESENTATION OF A
TEXTBOOK
MEANS AND METHODS OF LEGAL REGULATION
DOI: http://dx.doi.org/10.14420/en.2014.3.7
Svetlana Vladimirovna Boshno, Doctor of Legal Sciences,
Professor, Head of Political Science
and Law Department of the
Russian Presidential Academy of National Economy and Public
Administration, e-mail: boshno@yandex.ru.
Abstract.
The article discusses a method of legal regulation as a set of ways
to influence the subjects of public relations. The article considers
circumstances, predetermining the
method of legal regulation
of: the goals and objectives set by the state, uttering certain legal
rules; features of the subjects of legal relations;
the nature and
the relationship of rights and duties of subjects of legal relations;
provisions of subjects of legal relations to each other, mediated
by their
rights and responsibilities; various means of securing and
protecting the rule of law; bases of occurrence of legal relationship
(state act, agreement). The author gives a classification of methods
and techniques of legal regulation. Imperative
method is disclosed
through obliging and prohibition. The article discusses ways of
dispositive legal regulation: encouragement, recommendation. The
author formulates the definition of indifferent dispositive norms.
Their main technique of influence on subjects of public relations is
informing on possible legal behavior without encouragement and
recommendation.
Keywords:
method
of legal regulation, ways of legal
regulation, entitlement, bind,
prohibition, dispositive method of legal regulation, imperative method
of legal regulation, indifferent dispositive regulation, encouragement,
positive responsibility, recommendation, in excess of the activity,
competence.