Dispositiveness As An Interbranch Category

  • E.M. Hanuliak
Keywords: dispositivity, methods of criminal-legal policy, dispositive method


In legal science, the opinion is that for the public law branches the use of the imperative method of legal regulation is characteristic, while for the private sectors prevailing is the dispositive method. In this context, it should be noted that either in public or in private sectors, it is impossible to cover regulated relations with exclusively imperative or exclusively dispositive norms. Impartiality and discretion should not be non-alternative methods of regulation of a particular industry: they must be in an effective balance, not be insufficient or excessive.

The dispositive method, being interrelated and interdependent from the imperative method, is the basis for building an effective criminal-law policy.