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 confined solely to the external manifestation of the processes of legal regulation, since it is also their final result. Note that it can be related only to the behavior of people, which corresponds to certain prescriptions, that is, it is legitimate. Legitimacy can consist in observance of certain prescriptions (talking about action) or about not committing acts that are recognized as unlawful (speech of inaction).

From all that has been said, we can conclude that the implementation of the rules of law arises when lawful behavior, unlawful behavior with it is not connected in any way, since with 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. When everything is 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 norms of law can be carried out outside legal relations or by creating any legal relations. 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 the 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 in the form of active actions. It is about participating in rallies, demonstrations and so on. This form of implementation is specific in that the action, which is the right-realization, proceeds from the NPA, but there are no legally significant consequences.

The realization of the right, which is carried out through 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 associated with 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-legal form of the realization of law? Here one side must necessarily be endowed with state-power powers. In this case, there is a legal inequality, as well as a subordinate position of the parties. In this kind of legal relations, officials or state officials participate. Organs.

It is 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 voluntary, as well as compulsory exercise of the law.