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School of Lawyer. Disposition is ...

In jurisprudence disposition is a part of the legal norm that reveals the essence of the rule of behavior, namely it indicates, explains how the subject can and should act in this or that situation. Thus, the disposition, on the one hand, regulates the rights and obligations of persons entering into any legal relationship, on the other hand, embodies the rule itself and the norms of behavior, is the goal of the norm.

The disposition of the legal norm can be formulated in different ways, depending on the content and purpose of the normative act. In the legal science such methods are distinguished:

  • A simple disposition is an indication of the rule of conduct;
  • Descriptive disposition - it indicates the essential signs of behavior, rules, norms;
  • Referential disposition addresses the subject not to one's own, but to another legal norm;
  • Banquet disposition sends the subject to the relevant situation normative acts.

Disposition of the rule of law is present in civil, labor, family, land law and codes. They are available to set out and regulate the rights and obligations between participants in legal relations. For example, if there are two parties that have concluded a pledge agreement, the disposition indicates that if the debtor or the person to whom the debtor has specified does not return the debt on time, the creditor has the right to retain the pledge until the debt is given; If the specified deadline expires, the creditor has the right to leave a deposit with him. Obligations of the debtor, according to the disposition, are to fulfill their obligation to the creditor.

Types of dispositions

  1. Dispositions are simple and complex. A simple disposition is a rule that prescribes one definite variant of behavior (parents are obliged to support and educate their children financially until their coming of age). Complex offer several options for behavior in the same situation. In turn, complex are subdivided into cumulative dispositions and alternative ones.
  2. Depending on the degree of certainty, dispositions are fully defined (these are simple dispositions), defined relative to (complex), indefinite, complex-alternative.
  3. Depending on the way of presentation, external design, dispositions are also divided into simple ones containing variants of behavior, but not revealing them, and descriptive ones. Descriptive disposition is a detailed description of important signs of law-abiding or unlawful behavior.

Structure of the legal norm

Being part of the legal norm, the disposition is closely connected with the hypothesis and sanction. The hypothesis is understood as the conditions under which norms are applied and executed. So, in the Criminal Code, in its General part indicates the age from which a person begins to bear criminal responsibility.

Sanction in the legal sciences means punishment, its size and appearance. Each disposition has its own sanction. Each article of a code contains one sanction or several. Through them, legislation assesses the degree and severity of committed offenses. That sanction is the main criterion by which groups are grouped and distributed by category of crime and offense.

Like dispositions, sanctions are also divided into absolutely certain, certain relative and alternative. It depends on the degree of certainty of legal norms. There are also cumulative sanctions that allow simultaneous application of basic and additional measures of influence. Being a reaction of the state to phenomena and facts of violations of legal norms, sanctions are addressed to the bodies of order and justice, as well as to citizens and legal entities.

Therefore, it is important not only for law enforcement officials, but also for ordinary citizens to know the legal norms and acts, to understand them, in order to avoid involuntary violations and not commit intentional ones.

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