The rule of law is a basic element of legislation

In order to understand the internal processes taking place in the legislative practice, it is necessary to clearly imagine that there is a rule of law. This provision is equally valid for all legal systems, where the regulatory act is the regulatory act.

The definition, which includes the essence of the concept

Many approaches to the legal field are based on what the rule of law is and what structure it has. Therefore, it is necessary to determine the very phenomenon.

The shortest definition that can be given is the following: the rule of law is the basic element of an act regulating severely differentiated relations in the country.

Such a general concept, however, requires clarification on a number of factors, which are the following:

- by means of the rule of law, a measure of permissible action is expressed, that is, if a person is allowed, for example, to produce certain goods, then he has the right to use this permission and not to carry out such actions. Stricter rules apply to the expression of prohibitions that clearly describe the taboo on the act;

- The rule of law is a formal fixation of the status of persons in the country. So, through the norm the status of each subject is formed depending on its individual qualities;

- the rule of law is mandatory for execution by each entity located in the territory of a strictly defined state. However, sometimes there are exceptions, acting on the basis of agreements between countries regarding foreigners;

- the rule of law is guaranteed and protected by the authorities of the country;

- the rule of law always has the structure necessary to regulate the relations defined for the sphere of action.

Accordingly, as the concept of the rule of law, we can derive the following: this is the rule of behavior of a specific subject of law in strictly fixed relations, guaranteed by the protection of state or local authorities.

In order to understand this definition, you should familiarize yourself with the structure of the legal norm.

Formative elements of the rule of law

During the existence of law, legal science has developed a kind of ideal model of the "cage" of legislation. And today it is a structure consisting of a hypothesis, dispositions and sanctions.

The hypothesis of the rule of law is the actual condition for its application. It is true that in one norm can coexist from two or more of these elements. This situation is related to the actual circumstances of life, and therefore distinguish three main types - simple, alternative and complex conditions.

In simple there is only one circumstance. Complicated links several facts, with or without which the norm is involved. Alternative ones are a combination of conditions, the presence of one of which involves the stipulated rate.

Disposition - this is actually the behavior that examines the rule of law. it The base on which the other elements are attached. As in the previous case, three types are distinguished: blanket (common for all behavior), direct (strictly described behavior) and alternative (represents a choice between the specified types of actions).

Sanction is a punishment for non-compliance with the will of the authorities. It should be noted that not all norms have this element, but if it exists, the sanction is fixed by one of the following methods:

- absolutely definitely - that is, the consequences are clearly stated;

- determined relative - a "fork" of punishment is presented, which is classified by the competent person;

- alternative - present several options for punishment.

The structure presented above is an example of an ideal rule of law, which in real life is characteristic of provisions of criminal or administrative law.