Declarative norms and their examples

The legal norm is an authorized or established (approved) model of proper conduct. It is protected by the state.

Key features

The legal norm has a general character. This means that it is not addressed to any particular subject. For example, if the norm refers to an official, then it applies to any employee. The established model regulates the actions of the person. Nora turns to the will of the subject, his consciousness, behavior, but not to desires, moods or emotions. For the approved model, the main objective is the external manifestation of the internal impulses of the subjects. The legal norm is universally binding. It should be performed by all citizens and organizations. The norm is recognized by the state, which guarantees its implementation through coercive power. The rules regulate public relations in public, officially and openly. In this case, any rule is designed for multiple applications. It is used for the duration of its operation. Legal norms are present in laws and other legal acts. They provide for a certain responsibility of persons in case of failure to comply with the established rules.

Classification

Differentiation of norms is carried out on a variety of grounds. Depending on the subjects that establish them, the models emanating from the state and from civil society are singled out. The first - the norms approved by authorized representative, executive structures, as well as judicial authorities (in countries where relevant precedents take place). In the second case, behavior patterns are established by the population of a particular administrative entity or the entire state. For example, on December 12, 1993, the Constitution of Russia was approved by a national referendum. Classification of rules is also carried out depending on their social significance and role in the legal system. According to these characteristics, there are:

1. Constituent models. They are also called norms-principles.
2. Regulatory rules. They determine the behavior of subjects.
3. Safety models. They are aimed at ensuring order in society.
4. Declarative norms. таких положений довольно распространены в законодательстве. Examples of such provisions are quite common in the legislation. So, the corresponding models are present in all existing codes (CC, CC, CC, etc.).
5. Security standards. They act as guarantees of certain legal possibilities.
6. Definitive norms. They are used to determine the various legal categories.
7. Operational standards. These provisions are measures to respond to events.
8. Collision models.

которых будут приведены далее, как правило, включают в себя положения, обладающие программным характером. Declarative norms, examples of which will be given below, usually include provisions that have a programmatic character. They define the functions and tasks of regulating specific types of relations. юридическая конструкция, содержащая объявление. A declarative rule of law is a legal construction containing an advertisement. Thus, in the second part of Article 1 of the Basic Law it is stated that the names Russia and the Russian Federation are equivalent.

Declarative norms in the Constitution of the Russian Federation: examples

The provisions of the Basic Law are generally binding, formally-defined, abstract models. They are established and protected by the state. ориентированы на регулирование отношений в обществе посредством утверждения юридических возможностей и обязанностей лиц, участвующих в них. Declarative norms of the Constitution of the Russian Federation are aimed at regulating relations in the society through the approval of legal opportunities and responsibilities of the persons participating in them. The provisions of the Basic Law are considered basic models that are specified and disclosed in other acts. What are the declarative norms of law? таких положений присутствуют в части Основного Закона, устанавливающей юридические возможности граждан. Examples of such provisions are present in the part of the Basic Law establishing the legal capabilities of citizens. They can be regarded as certain structured properties of the being of the personality, reflecting its freedom. устанавливают свободу слова, собраний и объединений, возможность каждого человека получить образование, иметь собственность, соцобеспечение, жилье. Declarative norms in the RF Constitution establish freedom of speech, assembly and association, the ability of every person to receive education, property, social security, housing.

Properties of positions

обладают признаками, характерными для прочих видов правил. Declarative norms in the Constitution have characteristics that are characteristic of other types of rules. At the same time, they also identify specific qualities that are unique to them. A common property is normality. She points out that the provisions enshrined in the Basic Law are rules, patterns of behavior of the subjects on which they are directed. абстрактна. Any declarative legal norm is abstract. That is, it is oriented to an unlimited range of subjects and can be used many times. являются обязательными для всех лиц. Like other legal rules, declarative norms are mandatory for all persons.

Specific features

обладают особенной юридической природой. Declarative (objective) norms have a special legal nature. There are a number of features in which it is expressed. First of all, the provisions of the Basic Law are aimed at a special circle of social interactions. They are the subject of constitutional and legal regulation. Installation positions are present in different sources. However, the most important of these is the Constitution. Of no less importance is the constituent nature of the provisions. закрепляют и оформляют ключевые социально-политические институты. Declarative norms consolidate and formalize key socio-political institutions. First of all, they regulate directly the process of creating behaviors. This attribute is considered the most characteristic for constitutional norms. It is also worth paying attention to the variety of provisions of the Basic Law. охватывают все ключевые сферы деятельности граждан и юрлиц в государстве. Declarative norms cover all key areas of activity of citizens and legal entities in the state. They establish acceptable patterns of interaction between the population and the authorities.

Human rights

They are harmoniously inscribed in the interaction of citizens and the state. At the same time, they influence interpersonal relations, social ties of each individual. Observance of the rights of people around the world is guaranteed by the UN Declaration adopted in 1948. This document is the result of many years of work. , закрепляющие основные юридические возможности индивида, стали возникать еще в Средневековье. Declarative norms , which establish the basic legal capabilities of the individual, began to emerge in the Middle Ages. At that time they were presented in the form of permissible standards, models of behavior. In the 18th century. The concept of rights was formalized in the constitutions of many countries. The legal capabilities of the entities - this is a relatively small set of values that regulate, usually vertical relationships, "man-power." Each individual is given certain rights. They do not depend on citizenship, on social status, on religion or on other circumstances. Human rights have a natural origin. The individual receives them at birth. At the same time, declarative norms establish that personal human rights are inalienable.

Varieties

Human rights can be classified into:

1. Political. These include freedom of speech, assembly, the ability to create associations.
2. Cultural. Among them, the right to education, free creativity, etc.
3. Socio-economic. This group includes rights to private property, social security, housing.

All of them are reflected in the Basic Law and concretizing its legal acts.

Mechanisms of protection

Declarative norms, which establish personal non-property and property rights, provide for the possibility of applying measures of responsibility to persons who violate these provisions. The mechanisms of protection can be of a very different nature. So, the legislation provides for political, legal measures. In addition, public actions can be organized to ensure the protection of rights. Protection of legal capacity can be exercised in domestic structures. For example, in case of violation of the declarative norm fixing the inviolability of the home, the victim can apply to the court. A similar possibility exists for the subject with infringement of his other interests, guaranteed by the state. In addition, the protection of rights can be exercised in international instances.

Contents of the original provisions

Declarative norms form the basis of legislation. In practice, the initial (fundamental) and economic conditions are distinguished. The former have the most general character. One such provision has already been mentioned above. It provides that the rights belong to a person from the moment of birth. Neither the state, nor society, nor other citizens can not encroach on them. It is worth saying that universally recognized rights in the international community must be realized also in cases when they are not fixed by internal law or are violated. Legal opportunities, fixed at the interstate level, have priority over national legal constructions.

Equality before the law and the court

This is another important declarative norm. It does not allow any discrimination on any grounds (sex, religion, social status, etc.). At first glance, one can calculate that the application of the requirement does not cause any problems. However, in practice, everything is not so simple. For example, in the domestic legislation it is declared that women can count on getting an old-age pension from 55 years, and men - from 60. By their nature, undoubtedly, people are not equal. This fact is quite obvious, and it is the basis of society. People have different sex, age, intelligence, talent, health and so on. Natural differences can not be eliminated completely. The legal system takes into account the actual differences of people, giving them equality in procedures, initial opportunities. Of course, under the same conditions a healthier, stronger person can achieve more. This, in turn, can lead to social contradictions. Since it is impossible to completely eliminate natural differences, a corresponding amount of rights is established for people. Increasing it for certain categories is entirely possible. Thus, the state equates the weak and strong representatives of the population. This, in fact, expresses the differentiation of regulatory regulation. From what has been said, it follows that equality before the court and law does not mean the identity of the legal possibilities of all people. The initial level is the same. But then various benefits and indulgences for the least protected persons are allowed.

Unlimited legal opportunities

Declarative norms establish rights that can not be infringed by anyone under any circumstances. Undoubtedly, the absence of restrictions would lead to disastrous consequences for society. In this regard, domestic legislation establishes two basic conditions for the entities to realize their legal capabilities. First of all, using your rights, a person should not infringe upon the interests of others. In addition, the implementation of legal opportunities should not be directed at antisocial actions. Forbidden to change the state system, propaganda of war, incitement of religious, national, racial hatred, etc.

Children

This is the least protected category of people all over the world. , а также в национальных законодательствах в первую очередь направлены на охрану интересов и свобод детей. In this regard, the declarative norms in international law , as well as in national laws, are primarily aimed at protecting the interests and freedoms of children. Their main thesis is that humanity should give the child all the best that it has. Here it is necessary to note the special role of declarative norms in international law. At one time, the document adopted in 1948 by the United Nations had a great influence on politics and activities in individual states. The Declaration called on all parents, non-governmental organizations, local and state authorities to recognize the rights and freedoms of the child. The document was ratified by virtually all countries of the world. The declarative norms that fix the rights of the child at the international level have been specified in national laws, charters of specialized agencies and organizations dealing with the welfare of minors.

Economic conditions

These declarative norms relate to labor activity, property status, as well as social security of the population. One of the key provisions regulates private property. Everyone has the right to own, dispose, own and use property. This possibility can be realized by the subject individually or together with other people. Here, procedural equality and probable property inequality are clearly visible. Potential opportunities are the same for all. However, real results show that the status of people is very different. Legislation declares equality of opportunity, but does not ensure equalization of results. Everyone is free to choose their profession, work, occupation. He has the right to count on safe, healthy conditions of his activity. In the domestic legislation, an equal opportunity for everyone to get a job is established. However, in practice, not all people are employed in enterprises. To protect the unemployed, the state is developing special programs that involve various measures to support the population. Disadvantaged citizens are subject to regulations governing social security. To such persons first of all carry minors, invalids, and also people of old age.