ІНДИВІДУАЛЬНЕ ДОГОВІРНЕ ПРАВОВЕ РЕГУЛЮВАННЯ ТА «ДЕЦЕНТРАЛІЗАЦІЯ ПРАВА»
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 36
Abstract
The article is devoted to the study of individual contractual legal regulation, as one of the mechanisms of decentralization of legal regulation in post-totalitarian countries. In this paper, the author justifies that individual contractual legal regulation is an independent type of legal regulation related to the establishment, amendment or termination of legal rights and obligations of participants in legal relations on an individual basis, by concluding contracts (agreements) aimed at resolving specific situations that require legal solutions. The concept and features of individual contractual legal regulation are considered, and the most common approaches to its definition are analyzed. In particular, the disclosed general signs legal acts, and noted that in the first place, legal acts are willful content. This is a sign of legal acts different from those that have in some cases, the legal value of a) not volitional actions (reflex, instinctive movements, actions, disabled persons, and the like) and b) events (birth of man, fire, earthquake, etc.) . Strong-willed character of legal acts due to two factors - subjective and objective. The first serves the will of the authorized entity, the second - his will. Secondly, for legal acts are characterized by a strong-willed focus on specific legal consequences. These acts may establish regulations and (or) individual legal regulations. Moreover, such acts are sometimes but not fix any legal requirements, but at the same time focused on the occurrence, change or termination of specific legal relationships. Strong-willed aimed at determining the legal consequences of legal acts different from legal actions. Third, for legal acts characterized by the outward expression of the will of the authorized entity. When their implementation will subject the rights objectified, emerges out, it is a legally certain manner, including, where appropriate, and in the Acts documents. Without the external objectification is impossible to establish the content of the will, and bring it to the attention of legal entities. In addition, the definition, regulation of the right, forms the outer expression of the will of the authorized entity provides the ability to control the will of the results of relevant acts of higher legal force. Notes, that many authors identify legal acts with regulatory-legal acts, or acts law enforcement. However this not in full measure reflects real reality, on practice may meet significant quantity legal acts non authority nature. To latest compulsory attributed various acts implementation rights and responsibilities subjects, not endowed with power powers, which are grounds occurrence, changes or termination specific legal relations. Analysis legal acts allowed not only allocation their common signs, but and review object composition, content, goal, results. In most wide sense notes, what legal act maybe implemented only those subject, which in established by the norms law order endowed with such opportunity. Respectively object legal act is behavior faces, on legal position which influences this act. Content legal act is will authorized subject. On view author, from legal act, as expressed outwardly of expression, follows distinguish of expression, fixed in positions (normative, individual legal regulations and other), contained in acts-documents. Of expression about approval (adoption) legal act normative nature and of expression, which expressed in positions such act, not are equally, although and interrelated between self. Only latest from specified expression oxen has direct regulatory meaning. Writing form legal acts is most justified with viewpoints bringing their content to information addressees, but also control for performance legal prescriptions (if such are installed). This form allows structuring text act and his construction according to rules legal technology; formulation rules conduct long or single nature; use normative language, specific legal concepts and terms; observance mandatory details, inherent each act. In that same time, legal act can have and mixed external form displaying. Every legal act is carried out with certain aim. Legal acts as means implementation that or other goal should be her compare. Otherwise purpose maybe not achieved or achieved with cost, exceeding public useful result. Identity of legal acts and their aims assumes, as minimum, presence two conditions. In-first, purpose should be achievable, i.e. real. In-second, legal act should match goal on its content, form, legal by force, sphere of action. Be noted, what legal acts can be aim or on establishment, change, cancellation norms law, suspension, extended or termination actions these norms, or on appearance, change or termination specific legal relations. Result legal acts are regulatory, individual legal instructions, but also legal relations, which arise, change or stopped.
Authors and Affiliations
O. Komornyi
Keywords
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- EP ID EP615753
- DOI 10.31359/1993-0941-2018-36-244
- Views 67
- Downloads 0
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