Each state, regardless of the territorial structure, governance structure, the presence or absence of a rule of law and order, has a special mechanism for regulating people's daily lives. When it is completely absent, then the state, in fact, does not exist. The mechanism entrusted with the task of conveying to the consciousness of citizens the will of the country, a sovereign, is called law.
But when the law simply exists, without any structural elements, then it actually does not work. There should be a special mechanism for the implementation of law as a homogeneous system, in the plane of the real life of the population. But in its own way structure of law much harder than we can imagine. Direct contact of citizens and the state is carried out through the most insignificant elements, which are called "rules of law". Despite their insignificance, such elements have an internal structure, classification and a completely different scope.
Appearance story
Initially, people were at the level of tribal development of society. This environment was ruled by moral standards established by improving traditions.
Later, when a person began to develop and create more complex political and social structures, moral standards could not regulate social relations within them. This led to the fact that society decided to create such regulators that would meet the interests of all who became part of it. This design found its reflection in the system of rights and obligations between the sovereign, the state and an individual person, which is part of society. It is thanks to the emergence of legal norms that such large-scale political and social structures as the state became available to humanity.
The concept of the rule of law
The concept of a legal norm may vary depending on the source in which the transcript is given, because each scientist understands this legal construction in his own way. Nevertheless, in the standard understanding, a rule of law is a rule of conduct that is formally defined, generally binding, protected by the state.
Also, the legal norm reflects the real state of society in the sphere of rights and freedoms of citizens, is a regulator of social relations, as well as legal relations between a person and the state. Absolutely all norms are part of objective law. However, given that there is a classification of legal norms, they act as regulators in individual branches of the national law of any state. Within a given industry, norms are divided into institutions and sub-institutions. The smallest element in any industry is a specific rule of law. It should be noted that the concept and classification of legal norms are largely based on those features that are inherent in this structural element.
Signs of a legal norm
Despite the classification of legal norms, all of them have features that make it possible to distinguish them from other legal structures. Many scientists identify completely different points based on their experience and subjective opinion. Below will be presented the most general list of signs of legal norms.
- The final addressee does not stand out in legal norms at all. All of them are designed for a generally binding method of implementation. The rules of law govern general relations in the middle of society.
- Mandatory law.
- The norms of law are protected and provided by the state, which allows us to talk about their paramount role in relation to other social norms.
- A sign of formal certainty is manifested in the fact that the norms are fixed in the regulatory legal acts of the state.
- Microsystemicity is a feature that ensures that there are no contradictions between the rules of law in the process of their action on social relations.
The structure of the rule of law
Like all law in general, a separate rule has an internal structure. Understanding its legal structure allows us to understand how it affects social relations. The classical structure of a legal norm is presented in the form of three elements: hypotheses, dispositions, sanctions. In some branches of law, one or another component of the norm may be absent, for example, in the criminal law, all legal norms consist exclusively of disposition and sanction. It is worth noting that each element is very important for understanding the norm and its scope.
Hypothesis and disposition
It is customary to call the hypothesis that part of the norm in which all life circumstances that determine the implementation of this design are described in detail. In this structural element, the legislator gives guidance on the desired behavior of the subject of law. Such circumstances are not simply “existing” in the norm, they are a legal fact authorized by the state. In fact, the hypothesis presents the conditions that subjects of law must observe.
Disposition - this is the rule of law. It describes the capabilities and responsibilities of entities covered by the rule of law. Thanks to dispositions, the classification of legal norms is carried out. Content, disposition is always in absolutely any rule of law.
Sanction
The sanctions set out the legal consequences that arise as a result of non-compliance by entities with those requirements that are in legal norms. Most often, sanctions contain measures of state coercion, which are completely unfavorable for the violator. There is also the opposite type of sanctions in which one can find favorable consequences, “incentives” for those who fulfill certain requirements of a legal norm. Not all legal regulations have a sanction. Sometimes the legislator neglects it, if it is permissible in a certain branch of law.
Classification of legal norms
The entire array of legal norms can be divided based on a specific criterion. It is necessary to take into account the fact that homogeneous types of legal norms do not exist, because they are all classified according to different valuation facts.
- If we take into account the legal force of acts in which legal norms are prescribed, then the following types can be distinguished: norms of international law, laws, by-laws.
- According to the form of the prescription, the norms are divided into imperative and dispositive. This classification shows the power of influence on social relations.
- According to the form of conditional behavior, one can distinguish authorizing, obliging, prohibiting.
- The circle of persons in the rules of law can be divided into general and special.
- By the time of action, the norms are permanent, temporary.
The most interesting classification criterion is the branch of law. Here we can distinguish the following types of norms:
- Administrative.
- Civilians.
- Criminal
- Labor.
- Family
- Ecological, etc.
Some types of legal norms can be in many respects similar to each other in terms of sphere of activity and subjective warehouse. Nevertheless, this kind of opinion is a deep delusion, because each rule of law, in fact, is unique. Below we will consider various types of legal norms based on branches of law.
Administrative law
In general, administrative and legal norms do not differ in structure from all the others. They also have a hypothesis, disposition and sanction. But a characteristic feature is in the object of regulation.Administrative legal norms regulate social relations in the sphere of interaction with the authorities.
They fix the conditions for applying the method of administrative coercion. In general, these rules govern relations arising in the field of state regulation. The system of legal norms of administrative law constitutes special institutions of an imperative nature, thanks to which the executive bodies regulate the behavior of individuals and legal entities, as well as some state-owned enterprises.
Legal provisions of constitutional law
When considering the norms of constitutional law, it must be remembered that the constitution is the basis of the legal plane of any state.
These legal norms contain the regulation of the most important social relations, the most important foundations for building power in the state, the relationship between society and the individual, the principles of the territorial structure of the country. Classification of constitutional legal norms is carried out on the basis of those objects that are directly regulated by these norms:
- norms that reflect the principles of the constitutional system;
- norms securing the legal status of a citizen and a person;
- the rules that govern the structure of state power in the country.
Thus, the branch of constitutional law is the most important, because it is in it that the process of building society and the state is displayed, as well as the necessary development trends are laid.
So, we figured out what the legal norms are. The article gave a classification of legal norms, as well as the history of their appearance.
