What are the signs of the rules of law? Classification

Changes that are observed at the present time in the life of Russian citizens are the reason for stimulating research in the state and legal spheres. 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 activity can not do without the use of legal relations, in which the state is a fairly active participant. There are also 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 the legal one. But in what sphere it would be applied, everywhere it is primarily a rule.

So, the rule of law is a formal behavioral rule that is generally binding and provides participants with appropriate opportunities and legal responsibilities . Its author is the state.

It also determines the characteristics 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.

Norms of law exist in absolutely any state-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.

Normative

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. Ideally, the symptom is seen 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

Integrity and subordination are indicia of the rule of law. 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 settle the relationship 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 in the 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 have the same (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.

Compulsory

They determine the obligation to enforce the legal norm prescribed by the state for all citizens of the Russian Federation and their organizations, regardless of status, position, etc. Consequently, both legal entities and individuals registered on 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.

Certainty

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 attribute provides a characteristic of the social value of law, makes it possible to operate with the right for the development of the public in the target area.

Unpersonalization

An indication of the rule of law is the public prescription. Addresses of legal norms are a circle of persons, which is determined by specific signs. In the norm of the right to identify those people on whom it is directed, use such words as a citizen, legal entity, each and other names of non-personalized addressees.

Multiplicity

Also included in the list of "The main features of the rule of law." 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.

Compliance with the law is also enforced, 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.

Structuring issues

The structure of the legal norm is the totality of the internal 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 rules of law not only construct basic behavioral requirements. They still point to a situation in which the latter are subject to unquestioning execution, and also indicate 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:

• hypothesis;
• disposition;
• sanction.

These individual elements constitute a logical content, which 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, one should pay attention to the fact that the rule of law and the text of a legal act may not coincide. And, moreover, it 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.

Hypothesis

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;
• time;
• Subjects;
• Others.

The hypothesis makes clear requirements to the above. That is, dictates where the event should take place, 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 detail of the content, there are 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, on the other hand, establish special conditions for the fulfillment of the norm for each individual case. But given that it is simply unrealistic to envisage all possible situations, such hypotheses have almost completely disappeared from demand.

Depending on the degree of accuracy of the conditions, the hypothesis can be:

• Certain absolutely - transparently and clearly points to the facts, the presence of which will indicate the need to comply with regulatory requirements.
• Defined relative - indicate the conditions of the functioning of the norm is restrictive. For example, there is a list of legal acts that take effect only in cases of epidemics, the introduction of a state of emergency , etc.

• Uncertain - one fact that is in correlation with the action of the norm is not determined. This hypothesis grants local authorities the right to use the norm in "necessary cases". What kind of case is necessary, they are determined only.

Depending on the volume, the hypothesis is:

• Simple. Its sign is the content, in which only one condition of the legal norm is prescribed.
• Complex. This hypothesis contains information on the number of situations that may be the reason for the implementation of a certain legal norm.

Depending on the reason for the prescription, the hypothesis is one-sided and two-sided.

• One-sided hypotheses imply the existence of either only legitimate circumstances, or only unjustified ones. So, all the norms of the Criminal Code refer to prescriptions, the hypothesis of which is one-sided.
• A two-sided hypothesis contains circumstances both of a legitimate and undue nature, the existence of which explains the applicable legal requirement. At the same time, the identity of legal results is not guaranteed and depends on the nature of the behavior.

Disposition

It is the second element of the rule of law, which defines a behavioral model that is characteristic of a subject of law and has a legal character. The disposition is the core of the jurnorma, because in its content a behavior rule has been identified, implying consequences. At the same time, this structural unit is considered a fundamental regulatory part of the prescription.

Types of dispositions

Depending on the level of certainty of the specified behavioral rule, the following is distinguished:

• Casual disposition - the content of the list of specific prescribed or prohibited acts.
• Abstract disposition - dictates a specific type of behavior, but does not indicate details.

Depending on the way of saying:

• Simple - indicates only the behavioral rule, not defining its attributes due to their obviousness.
• Descriptive - implies a detailed description of the rules of behavior, emphasizing its distinctive features.
• Reference - is nothing else than a reference to another legal rule that contains a description of a suitable model of behavior.
• Blanket - contains a description of the behavioral manner in general form and does not detail any particular moments, signs of the deed. However, explanations and concretization for such dispositions can be found in other regulatory documents.

Depending on the direction of the legal nature:

• Representative-binding - is to clarify the rules of conduct for the two parties that enter into a relationship. A real example is the seller-buyer relationship.
• Obligatory - determines the behavioral character of the person who is obliged. The latter include, for example, a debtor under a loan agreement.
• Authorizing - indicates the type and extent of the admissible behavior, for example, the owner of the property.
• Recommended - makes a special emphasis on the desirability and appropriateness of a particular manner of behavior.
• Restrictive - behavior within certain boundaries. Thus, the requirements of labor law limit the duration of a person who has not reached the age of 18 years.
• Adherence - here the name speaks for itself. And it concerns this disposition of the principles and tasks of the activity of state bodies.

Sanction

The third and final structural unit of the legal norm, which provides legal consequences caused by disposition. There are also several kinds.

Depending on the level of certainty:

• Certain absolutely - in them the measure of impact is clearly fixed.
• Defined relative - defines the boundary indications of the upper and lower limit of punishment. Such sanctions contain articles of a special part of the Criminal Code of the Russian Federation.
• Alternative - implies several alternative types of responsibility.
• Cumulative is the union of several penalties. For example, the seizure 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, among them fine and other punitive measures.
• Positive - practices incentive and stimulating procedures.
• Restorative - is aimed at the recovery process with respect to the previous state. For example, compensation for harm caused, cancellation of non-legal acts, enforcement of a compulsory nature of a previously unfulfilled duty.
• Pravotritsayayuschaya - a passive response from the state to ignore the requirements of the norm. Form of expression: legal non-recognition of emerging relationships. For example, the recognition of a transaction is void due to its illegality.

Depending on the direction of adverse effects:

• Personal - when the sanction concerns directly the person who violated the law.
• Property - punishment, expressed in conjunction with those or other losses of the material plan. For example, confiscation, pecuniary punishment and others.

Classification of legal norms

The concept, signs and classification of the rules of law are fixed at the legislative level. The first two items were dismantled, the third one was classification. So, for the purpose of clear delineation of the types of legal regulations, a number of classification characteristics are singled out.

1. Depending on the legal force of the act, which contains the norm:

• Regulatory and legal;
• Legislative;
• Instructions of resolutions;
• Others.

If the norm is contained in the law, it is called legislative.

2. Depending on the branch of law:

• Civil;
• Financial;
• Criminal;
• Administrative;
• Ecological;
• Others.

That is, if the injunction is contained in the Criminal Code of the Russian Federation, it is considered criminal. If there are signs of administrative law, the injunction is considered administrative.

3. Depending on the form of the prescription:

• Imperative;
• Dispositive.

The signs of the norms of the administrative law of this species are characterized categorically and do not permit to deviate from the prescription. What can not be said and dispositive, which allow the possibility of regulating relationships and used in an additional order.

4. Depending on the form of the dictated behavior:

• Norms of authority;
• Norms of obligation;
• Norms of prohibition.

The authorization orders give the legal subject the choice - to act in a specific way or to refuse such acts.

The definition and signs of the law of a binding nature indicate the obligations of the subject. This is the plan of his actions. And all the regulations must be fulfilled.

Prohibiting regulations indicate the inadmissibility of a particular act.

The legal sphere is very complex, but you need to know such basics as the concept and signs of the rule of law. Cheat sheet in the form of this article let you be of help.