What are the signs of the rules of law? Classification
Changes that are observed at the present time in thelife of Russian citizens, are the reason for stimulating research in the state and legal sphere. Both one and the second social phenomenon (state and law) personify an object of heightened interest from the practical side and they have one of the main roles in the life of a single individual and the public as a whole.
Virtually no kind of human activitywill not do without the involvement of legal relations, in which the state is a fairly active participant. There are rules for the conduct of such relations - special norms. The concept, signs and types of rules of law are the issues that will be touched upon in this article. They are characterized by relevance. And it does not matter what age is in the yard. So sit back and start reading.
The concept and features of the rule of law: a crib
The word "norm" is a concept known to everyone, as it is used in many sciences, including legal sciences. But in what sphere it would be applied, everywhere it is primarily a rule.
So, the rule of law is a formal behaviorala rule that is generally binding and gives the participants of the relationship the appropriate opportunities and responsibilities of a legal orientation. Its author is the state.
It also determines the attributes of law. The legal norm also represents a precept, an instruction, a law. In this case, their main purpose is also the regulation of public relations.
The rule of law exists in absolutely anystate-organizational society. As has already been said, these or those norms can be found in all directions of human activity. To understand what exactly this rule is legal, it is necessary to know what are the signs of the rules of law, and be able to identify them.
Legal norms are inherent in a general nature. They are designed for all identical cases, and not for a specific life event. This is the main tool in regulating relations in society, the essence of which is expressed in the statutory rights and duties of the subject (s) of law, then subject to the specifics of a subjective nature. The ideal sign is manifested in the minds of lawyers of Ancient Rome regarding the legal norm, some of which claimed that rights must be established, others continued - only for events of a systematic nature (that is, they are repeated regularly), while others determined the circle of persons for whom they are established.
Systematic and hierarchical
The signs of the rule of law include integrity andsubordination. Public relations - this is a very complex phenomenon, which can only be regulated by legal norms in their totality. In other words, there will not be a single rule of law to regulate relations independently, how many attempts would not have been made. For example, for a criminal to be punished, one should turn to criminal law and find a certain rule in it, and then consider many other criminal procedural non-legal norms that will identify the procedure for initiating criminal proceedings, research activities and judicial review.
In addition, the systemic nature is expressed inthe existing legal force of a separate legal norm, that is, its position in the hierarchical ladder of acts. In the event that the rules of law contradict each other, they are in different normative acts, but the direction has the same thing (the settlement of a specific type of relations in the society), the greater legal force goes to the norm of that normative document that is higher in the hierarchy. Accordingly, in the answer to the question "what are the signs of the norms of law", the third one will also appear. It is called hierarchy.
Demand that the prescribedthe state of the legal norm for all citizens of the Russian Federation and their organizations, regardless of status, position, etc. Consequently, both legal entities and individuals registered in the territory of Russia have an obligation to implement a number of norms. The latter, in turn, consist in observing the algorithm of actions, rules of behavior, etc.
The answer to the question "what are the signs of the norms of law"implies also such a criterion as certainty. It is necessary to understand that it is a question of the definiteness of the formula type, which lies in the content of the law itself. This feature provides a characteristic of the social value of law, it makes it possible to operate with the right for the development of the public in the targeted area.
An indication of the rule of law is the publicprescription. Addresses of legal norms are a circle of persons, which is determined by specific signs. Normally, the right to identify those people on whom it is directed uses words such as a citizen, legal entity, each and every other name of non-personified addressees.
Also included in the list of "Basic signs of the normrights". About the repeated action is evidenced by the fact that absolutely any legal norm is created for permanent use, unless otherwise specified in the content of the norm itself.
The fulfillment of the norms of law is also ensured in compulsory order, if, of course, such a necessity exists.
What are the signs of the rules of law, you already know. Now let's look at their structural features. They have an important role.
The structure of the rule of law is a collectioninternal structure of the prescription, its constituent parts and connections, which are characteristic of them. This problem does not yet have a single solution in the legal science.
The norms of law not onlybehavioral requirements. They still point to a situation in which the latter are subject to unquestioning execution, and also show the possible consequences when they are ignored. Considering the above, it can be concluded that the norm of law has a concept, signs. The structure is also defined. The main structural units are:
These individual elements constitute a logicalcontent that can be written in the form of a calculation formula. If in a particular situation the subject performs specific acts, then the corresponding consequences occur. These three structural units are combined into a system and represent a collection. As a result, the rule of law, the concept, the signs, its structure is formed. For its formation, it is very important to have exactly three components, otherwise there can be no question of a legal norm. At the same time, we should pay attention to the fact that the rule of law and the text of a legal act may not coincide. And, moreover, this is observed in most cases. There are cases when the disposition and the hypothesis in the text of the legislative document merge and it is very difficult to separate them. One article may contain one, two, three or more norms. Also, the structural components of the jurisdiction can be contained in different sections of the legal document, in other words, one legal norm can be presented in several articles of the normative act.
It is a structural component of the rule of law. The features, classification, and content of the hypothesis are discussed below:
Tag number 1. Designation of conditions for its implementation. Hypothesis is the determinant of scale, due to which it is possible without difficulty to assign or not to relate this or that situation to the action of a particular norm.
Contents of the hypothesis:
- a place;
The hypothesis sets out clear requirements forabove. That is, dictates where the event should occur, during what time, with the participation of which subjects, that this life situation is considered the norm of law.
When all these requirements are met, the state prescription begins to operate.
Classification of hypotheses
Depending on the disclosure and detailcontent distinguish between two types of hypotheses: general and specific. The former are still called abstract. They imply the implementation of the norm by common signs, and the cases that are related to them are characterized by mass character, and none is concretized.
Specific hypotheses, by contrast, establishspecial conditions for the implementation of standards for each individual case. But given that it is simply unrealistic to foresee all possible situations, such hypotheses have almost completely disappeared from demand.
Depending on the degree of accuracy of the conditions, the hypothesis may be:
- Defined absolutely - transparently and clearly indicates the facts, the presence of which will indicate the need to comply with regulatory requirements.
- Determined relatively - indicate conditionsthe functioning of the norm is restrictive. For example, there is a list of legal acts that take force only in cases of an epidemic, a state of emergency, etc.
- Indefinite - not determined and one factwhich is in conjunction with the action of the norm. Such a hypothesis gives local authorities the right to use the rule in “necessary cases”. Which case is necessary, they alone determine.
- Simple. Its sign is the content, in which only one condition of the validity of the legal norm is stated.
- Complex. This hypothesis contains information on the number of situations that may be the reason for the implementation of a particular legal norm.
Depending on the basis of the prescription, the hypothesis is one-sided and two-sided.
- One-sided hypotheses imply the presence of eitheronly legitimate circumstances, or only unlawful. Thus, all the provisions of the Criminal Code refer to prescriptions whose hypothesis is one-sided.
- The two-sided hypothesis contains circumstances andlawful and unlawful, the presence of which explains the applicable legal order. However, the identity of the legal results is not guaranteed and depends on the nature of the behavior.
It is the second element of the rule of law, whichdetermines the behavioral model characteristic of the subject of law and having a legal character. Disposition is the core of the law, since its content identifies the rule of conduct implying consequences. At the same time, this structural unit is considered a fundamental regulatory part of the prescription.
Types of disposition
Depending on the level of certainty of the specified behavioral rule, the following is distinguished:
- Casual disposition - based on the content list of specific prescribed or prohibiting acts.
- Abstract disposition - dictates a specific type of behavior, but does not indicate the details.
Depending on the way of saying:
- Simple - indicates only the behavioral rule, not defining its signs due to their obviousness.
- Descriptive - implies a detailed description of the rules of conduct, focusing on its distinctive features.
- Referral - is nothing more than a reference to another law, which contains a description of a suitable model of behavior.
- Blanket - contains a description of the behavioralmanners in a general manner and do not detail any particular points, signs of an act. However, explanations and specification of such dispositions can be found in other legal documents.
Depending on the focus of a legal nature:
- Representatively-binding - is to clarify the norms of behavior for the two parties who enter into a relationship. A real example is the seller-buyer relationship.
- Binding - determines the behavioral character of the person who is obliged. The latter include, for example, the debtor under the loan agreement.
- Managerial - indicates the type and measure of acceptable behavior, for example, the owner of the property.
- Recommended - makes a special emphasis on the desirability and feasibility of a particular behavior.
- Restrictive - behavior within certain limits. Thus, labor law regulations limit the duration of work for a person under 18 years of age.
- Fixative - here the name speaks for itself. And this disposition concerns the principles and tasks of government agencies.
The third and final structural unit of the legal norm, which provides for the legal consequences caused by the disposition. There are also several types of them.
Depending on the level of certainty:
- Definite absolutely - in them the measure of impact is clearly fixed.
- Determined relatively - determines the boundary readings of the upper and lower limits of punishment. Such sanctions contain articles of the special part of the Criminal Code of the Russian Federation.
- Alternative - implies several alternative types of liability.
- Cumulative is a combination of several punishments. For example, the arrest and confiscation of property.
- Combined - sanctions formed by combining the other two - relatively specific and alternative.
Depending on the nature of the punishment:
- Negative - implies the use of punishments in various forms, including fine and other punitive measures.
- Positive - practices encouraging and stimulating procedures.
- Restorative - aimed atrecovery process relative to the previous state. For example, compensation for harm caused, the abolition of non-legal acts, the enforcement of a previously unfulfilled obligation.
- The right to inference is a passive reaction withside of the state to ignore the requirements of the norm. Form of expression: legal non-recognition of arising relationships. For example, recognition of a transaction as invalid due to its illegality.
Depending on the direction of adverse effects:
- Personal - when the sanction applies directly to the person who violated the right.
- Property - the punishment expressed in conjunction with those or other losses of the material plan. For example, confiscation, monetary collection and others.
The concept, features and classification of legal normsenshrined at the legislative level. The first two points were dismantled, the third remained - classification. So, in order to clearly distinguish the types of legal prescriptions, a number of classification criteria have been highlighted.
1. Depending on the legal force of the act, which contains the norm:
- regulatory and legal;
- prescriptions of ordinances;
If the rule is contained in the law, it is called legislative.
2. Depending on the branch of law:
That is, if the order is contained in the Criminal Code of the Russian Federation, it is considered criminal. If there are signs of norms of administrative law, the prescription is considered administrative.
3. Depending on the form of the prescription:
Signs of administrative law of this typecharacterized by categorical and not allowed to deviate from the prescription. The same cannot be said about dispositive ones, which allow the possibility of regulating relationships and are used in an additional order.
4. Depending on the form of dictated behavior:
- rules of authority;
- norms of commitment;
- prohibition rules.
The authoritative instructions give the legal subject a choice: to act in a concrete way or to refuse such actions.
The definition and characteristics of the norm of a binding law indicate the obligations of the subject. This is his action plan. Moreover, all instructions must be fulfilled.
Prohibitive prescriptions indicate the inadmissibility of an action.
The legal sphere is very complex, but you need to know such basics as the concept and features of the rule of law. Cheat sheet in the form of this article let you be to help.