The imperative method is a method used in public law to regulate vertical relations between the state and citizens (organizations). In the process of regulating these relations, the state empowers some subjects and imposes corresponding duties on others. As a result, relations of subordination and power are formed between these objects.
Imperative method in land law
This method of establishing relations between objects is also called directive or authoritarian. The settlement method is established by law and is used as a way to influence the behavior of legal entities and individuals, which an official has the right to use in disputable situations.
Method of influence is a provision established by law that changes the behavior of individuals in the direction of stimulation or restriction. The chosen method should reflect the characteristics of itsimpact. In the context of the development of the land market and market relations, methods should be identified, taking into account the peculiarities of the regime of legal regulation of social relations that are part of the subject of the industry. The imperative method is determined by the nature and specifics of the regulated relations. Appropriate methods and techniques for legal influence are selected.
Establishment of responsibilities
The imperative method of regulation is expressed in the definition of legal relations and prohibitions between objects that are not subject to execution. The definition of duties is the main method of legal regulation, since it occupies a significant place in the content of land and legal norms. The obligation introduced by law makes it impossible for any deviations in its performance, since in this case punishment is provided. Prohibitions in land law are the boundaries of the proper and possible behavior of participants in land-legal relations.
These limits make it possible to avoid the realization of the interests of subjects at the expense of infringing the interests of society or the state. The boundaries of behavior are established so that the subjects of land relations, in the performance of their duties and the achievement of goals, do not use methods that are contrary to the interests of the state and society.
Dispositive method
The imperative and dispositive method of legal regulation differ in that when using the second method, the subjects of land relations are given a certain freedomactions. They have the right to achieve their goals, acting on their own.
Types of dispositive method
There are three kinds of dispositive method: delegating, recommending and authorizing. The delegating method is the granting of rights and freedoms to the subjects of land relations within a certain range of powers. The recommendatory method is the provision of the possibility of alternative behavior, that is, in this case, the subject has the right to choose the way of his behavior to achieve the established goals. State recommendations only facilitate the choice of solution. The sanctioning method is the granting to the subject of the right to independently make a decision, but it must first be approved and adopted by the legal competent authority.
Consequently, the imperative method is the actions established by law. Whereas the dispositive method assumes voluntariness and equality of the parties.
