The main types of law. The structure and types of rules of law

The rule of law, concept and types which will be considered later, is considered the primary link in the legal system. It lays down an independent model of the impact on the consciousness of participants in regulated interactions.

general characteristics

The rights of entities involved in relations are realized on the basis of specific norms. Legal provisions govern the most important public relations. They set the limits of the permitted, possible behavior of the subjects. In this case, individual types of civil law may prescribe a person a specific option, thereby ensuring that the interests of other individuals are respected. The social value of provisions lies in their ability to stabilize social relations. Acting today types of law provide predictability of subject behavior.

Terminology

What rule of law? Concept and types legal provisions are disclosed in law. By analyzing it, we can formulate the following characteristic. The rule of law is a model of behavior authorized or established by the state. It is focused on an indefinite number of situations of the same type and is mandatory for each subject in appropriate conditions.

Specificity

From how the individual is perceived rule of law, concept, structure, types legal provisions, its effectiveness will depend. Learning the rules of behavior depends on internal factors (type of character, level of culture, etc.), as well as on external circumstances. Among the latter, the degree of orderliness of social ties and the provision of power with provisions are of the greatest importance. With the coincidence of the goals of the individual and society, a combination of social-group and universal, class interests, with the stability of interactions, the effectiveness is manifested norms of law. Types of legal norms are forms of consolidation of duties and legal opportunities. The former are landmarks indicating the limits of freedom of action of individuals. Actual regulation of interconnections between subjects is carried out precisely by endowing some with specific rights, and others with specific responsibilities. The guarantee of compliance with the balance is ensured by establishing liability measures. The most representatively binding character is expressed by regulatory norms of law. Types of legal norms specialized purposes (definitive, declarative) have a different orientation.

The properties

There are a number of characteristics that any rule of law. Concept, signs, types provisions are the subject of research by various lawyers. Analyzing their concepts, the following general properties can be distinguished. Firstly types of law are rules of conduct of a generally binding nature. This means that they:

1. Indicate how, in what direction, for how long and where the subject should act.
2. They prescribe a correct and therefore obligatory behavior.
3. They have a general character, act as equal, the same framework for all.

Legal provisions are formally defined. Their internal specificity is expressed in the content, scope of duties and legal capabilities, clear indications of the possible consequences of committing violations. External certainty is that everything types of rules of law of the Russian Federation are fixed in the relevant articles, chapters, sections of official documents.Moreover, the implementation of legal provisions is guaranteed by the state. In society there are various relationships regulated by law. Kinds coercive measures for violation of certain provisions are considered the most important guarantee of the effectiveness of the rules. Equally important is the quality of system. The structure and types of rules of law codified. Legal provisions are combined in various industries and institutions.

Types of interpretation of the rule of law

Clarification of the provisions may be for various reasons. Depending on the legal force, such types of interpretation of lawboth formal and informal. The first, in turn, is also divided into several types. In particular, the official interpretation may be normative, judicial or casual. An informal explanation can be mundane and doctrinal (professional, scientific). Depending on the volume, the interpretation is divided into broad, literal and restrictive. In addition, there are written and oral explanations. Consider the types of interpretation separately.

Routine clarification

It can be carried out by any subject of law. Ordinary interpretation is an everyday form of perception. It involves the interpretation of the provisions of ordinary people. It reflects the legal consciousness of the majority of the population. Typically, such an explanation is accompanied by the utterance of incorrect, superficial judgments. Nevertheless, in practice, quite a lot of people who do not have a legal education are able to correctly formulate questions and find the right solutions for them.

Professional explanation

Such an interpretation comes from competent legal practitioners. These include lawyers, judges, prosecutors, investigators and other professionals with the appropriate education. Professional interpretation can be both written and oral. In the latter case, it is expressed in the form of consultations, answers to questions. A written explanation involves the execution of various kinds of documents: certificates, conclusions, etc.

Doctrinal Explanation

It has the most significant impact on the process of exercising law. Doctrinal interpretation is given by representatives of science. Its value lies in the evidence, reasonedness, validity of the position. An example would be comments on existing Codes. In them, as well as in articles, monographs, reports, experts explain how to properly understand these or other installations. It is worth saying that the opinion of scientists is not considered mandatory for government agencies and officials. However, the views of scientists, their recommendations provide assistance in law enforcement practice.

Literal clarification

It assumes exact compliance with the text of the norm. Literal interpretation is considered the most common, typical. The actual essence of the normative position, established in the process of applying all the methods of explanation necessary for this particular case, coincides with the result from a simple reading of the text. A literal interpretation does not give rise to controversy or disagreement.

Expansive interpretation

As the name implies, such an interpretation goes beyond the text of the norm, since the meaning of the prescription goes beyond literal expressions. In the list of cases requiring an extensive understanding, as a rule, there are phrases such as "and so on", "and others", "and so on." For example, an article of the Civil Code provides for liability for damage caused to a citizen by illegal actions of state bodies. If we consider the essence of the situation literally, it turns out that this rule does not apply to foreigners. But in reality this is not so, since the concept of "citizen" in the sense of the norm should be interpreted broadly as "individual".

Classifications

The variety of legal provisions is due to the presence of a huge number of interactions between entities on a variety of issues. To streamline existing types of law, several classifications were adopted:

1. By subjects.
2. Social purpose and role in legal doctrine.
3. On the subject.
4. According to the method.

Let's consider them in more detail.

The main types of legal norms by subjects

According to this criterion, the provisions emanating from society and the state are distinguished. In the latter case, these are acts of representative bodies, executive and judicial instances. Moreover, the latter are prevalent mainly in countries where legal force, along with the law, has precedent. Social norms come directly from the people. Moreover, the provisions are adopted at a meeting, referendum, gathering, etc. For example, the Constitution was approved by popular vote in 1993.

Social value

According to this criterion, such types of law, as:

1. Constituent.
2. Security.
3. Security.
4. Definitive.
5. Declarative.
6. Conflict.
7. Regulatory.
8. Operational.

Constitutional provisions

If a person who is not closely familiar with jurisprudence ask: "Define the types of law by his role in the doctrine, "he will not be able to immediately find his way. Meanwhile, the ability to distinguish certain provisions from others, to relate certain rules to the appropriate category is of great practical importance. For example, considering types of constitutional law, it can be noted that almost all of them are constituent. This means that these provisions reflect the initial principles of regulating public relations, establishing the status of entities, and the parameters of the entire legal system as a whole. Constituent norms act as guidelines, standards. They make it possible to establish the most acceptable correspondence of the means and goals of specific rules to the objective laws of socio-political development. In addition to the Constitution, constituent norms are also present in the Codes.

Regulatory provisions

These norms are focused on the regulation of the actual interactions that take place between different entities. This task is carried out by providing certain legally possible opportunities and assigning specific responsibilities to individuals. Depending on their nature, there are three types of regulations:

1. Eligible. They provide subjects with the opportunity to take positive action.
2. Binding. These rules, respectively, indicate the actions that the subject must perform.
3. Prohibitory. These standards contain restrictions, the violation of which provides for liability.

A feature of the regulatory provisions is that they have a complementary-binding character. These include various types of administrative law. So, in the Code of Administrative Offenses there are provisions regulating the legal capabilities and obligations of witnesses, victims, violators, experts, etc.

Protective rules

These norms reinforce coercive measures used in violation of prohibitions. They also establish the procedure and conditions for exemption from liability. If we consider the types of criminal law, then among them a large share is occupied by protective provisions. For example, the Criminal Code establishes punishment for crimes against the person, provides for the obligation of the authorized bodies to release the convict after the expiration of the sentence.

Security Provisions

They contain prescriptions by which the implementation of subjective duties and rights is guaranteed within the framework of regulatory regulation. Their social significance depends on how effectively they ensure the creation of mechanisms for the unhindered implementation of legal opportunities.For example, a fairly wide range of measures to support charitable activities is presented in Article 18 of the Federal Law No. 135.

Other types

In declarative norms, as a rule, there are program provisions that define the tasks of regulating individual relations, and also contains legal declarations. These include many articles of the Basic Law. So, for example, in Art. 1 it is established that Russia and the Russian Federation are equivalent concepts. Definitive provisions contain the wording of certain terms. They are intended to reveal the concepts used in the legal system. So, for example, the Criminal Code clarifies what a crime is, the Civil Code - what a transaction is, and so on. In some cases, contradictions arise between the prescriptions. Conflict norms are used to eliminate them. An example is art. 3 GK. Clause 5 states that if the Presidential Decree or government decree contradicts the Code or another law, the Civil Code or the corresponding Federal Law applies. Operational provisions are used to establish the date an act enters into force or expires.

Thing

Depending on it, the norms are divided by industry. They are fixed in the relevant codes: Civil Code, Criminal Code, Administrative Code, Customs Code and so on. Sectoral provisions may be procedural or material. The latter act as rules of conduct. Procedural rules include prescriptions that set out the procedure for applying the provisions.

Method

Depending on the method of regulation, the norms are divided into:

1. Imperative. They are distinguished by a strict, imperiously categorical character, not allowing any deviations from the established model of behavior. As a rule, administrative law is peremptory.
2. Dispositive. Such provisions are autonomous in nature. They allow entities to independently agree on issues relating to the scope, procedure for exercising rights and responsibilities, or apply a reserve rule in certain situations. Most of these provisions are present in the Civil Code.
3. Recommender. These norms are usually addressed to economic entities. They establish patterns of desirable behavior for individuals.

Scope

According to this criterion, the norms are classified into:

1. Are common. These provisions are aimed at all entities within the country.
2. Limited action. They spread within the limits caused by temporary, territorial, subjective factors. Such provisions are issued by the highest regional bodies.
3. Local. Such provisions apply within private, public or public associations.

Items

Being the primary link of the legal system, the norm has a rather complex structure. It is presented as a logically consistent design. The structure of the norm is determined by actual social interactions. It is believed that the key elements are hypothesis, disposition and sanction.

The first component expresses specific living conditions (circumstances), in the absence / presence of which, in fact, this provision is implemented. Depending on the number of factors indicated in the norm, the hypothesis can be complex or simple.

Disposition includes directly the rule of behavior. Depending on the method of presentation, it can be alternative, blanket or direct. The first allows participants to vary their actions within the framework established by the norm. In the blanket disposition there is a general model of behavior. As a rule, she refers the subject to other provisions of the law.

The sanction formulates the adverse consequences that may occur in case of a violation of the disposition. It can be absolutely, relatively specific or alternative. In the first case, we can talk, for example, about the exact amount of the fine. Relatively specific sanctions are often contained in the Criminal Code.For example, a guilty party may be charged with a restriction of freedom for 1-2 years. Alternative sanctions suggest a choice between several sentences. The relevant standards are also present in the Criminal Code: imprisonment of up to 3 years, a fine or correctional labor.

The dependence of the design on interactions between subjects

The structure of the norm is considered as a reflection of a certain relationship. Actual interaction subject to regulation rigidly determines the type of communication and the number of elements of a legal status. The determining role belongs to the type, side, gender, type of relationship. In addition, the complexity of interactions between subjects is of great importance.

Quantification

With a certain convention, we can say that this or that norm includes as many components as is required for the corresponding relationship. The specificity of property relations of individuals determines the presence in the norms of such elements as disposition (1 or 2), hypothesis, measure of encouragement, sanction, indication of subjects. Most interactions are characterized by a binomial structure of regulatory provisions. For political, mass relations, often only a statement of their presence is sufficient.

Social aspect

It must be borne in mind that the emergence of a legal norm, as well as its subsequent development, depends on several factors. One of the most important is the social aspect. The legal characteristic of real processes and phenomena with which the individual is dealing is considered the most significant. In social terms, the legal status acts as:

1. A fair framework for human behavior. They are provided by public authority, the prevailing ideas about the right and due, social power.
2. A typed fingerprint of an actual recurring relationship.
3. Forms of expression of interest of the majority. In an individual plan, a legal norm is considered as a means of protecting individual freedoms and restricting behavior at the same time.

Conclusion

It must be taken into account that the rule of law is the result of the individual’s mental conscious activity. In its creation, will and reason are crucial. In this regard, one cannot perceive a legal norm as one of the usual particles of the world order or a cast of public relations. Creating rules is always a complex thought and activity process. Within its framework, the interests, needs of people and different groups collide, cause contradictions. Their study, understanding, and attempts to resolve them provide, as a result, the development of a norm as a compromise variant of regulation mutually acceptable for society in a given historical period. It reflects generalized information about reality. Moreover, the norm acts as a means of cognitive activity, a specific mechanism for resolving conflicts between subjects. All created legal provisions are reflected in official acts of the authorities. They always have a clear structure. Official acts of power structures - written documents drawn up according to special rules. For convenience, they contain a preamble, sections, chapters, paragraphs, articles, parts and paragraphs.