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Providing rewards unfairly reduces the overall positive potential of a reward, and
may even generally deny it. Thus, it is known histories of mass awards to some
dates, for example, the 850th anniversary of Moscow. As part of the company
awards are distributed according to the list, requirements
for candidates are
reduced and as a result, completely different subjects receive awards, and the
meaning of the award disappears.
Dispositive rules that do not motivate
for a certain behavior by
recommendations and promotions may be called
indifferent. Their main method
of influence on subjects of public relations is
information on possible lawful
behavior. Offer to a subject of law to exercise certain rights
inherently in private
law is redundant, as a subject of law is allowed everything that is not forbidden.
In fact, the legislator shall inform the subjects of law on rational models. So,
citizens can prepare any civil-legal contract, but they are offered contracts of
purchase-sale,
exchange, donation and others to make their choice easier. In
fact dispositive legal regulation cannot be. In fact, it is dispositive only at the
entrance to relationship. Optionality consists in the right to choose: to enter into
this relationship or not. If the choice is made, the subject of the law immediately
gets in action of imperative norms. Thus, subject of law, within the framework of
the imperative method independently has decided to
conclude a transaction in
the amount of 100,000 rubles. And then, he has the legal duty to make a deal in
writing that imperatively is stipulated in Art. 161 of the Russian Civil Code.
Competence, which consists in giving the subject the right to require
another subject to perform certain actions in its favor, refers to dispositive
method of regulation. Competence belongs
to the person having the right, and
it will be exercised only if the person under obligation performs certain actions.
The legislation stipulates huge number of guarantees that can realistically
be implemented only under condition of actions of other subjects. Thus, for
the exercise of a constitutional right to education, there should be educational
institutions that transform competence into informative process by its actions.
The permission is realized without participation of other subjects of law; it
differs from competence by this. The permission consists in granting to the subject
of law a possibility to act in a certain way and to consolidate results of this activity.
Thus, the legislation enshrines the right to be the author
of work and guarantees
it. Permission provides the activity of citizens, as seeing the legal guarantees
they develop. The person within the limits of permissions operates,
satisfying its
interests by its actions: the person has creative capacities to be the author and it
becomes it (creates work). The legislation guarantees its rights and notifies other
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