LawState and Law

The rule of law is the basis for regulation of life activity

Relations between members of any community are always subject to certain rules. As for the state and its components, this statement is also true, and such principles are the rules of law.

Briefly about the main

Unlike the definition of law in general, the rules of law have a clearly defined concept. It consists in the fact that this phenomenon is understood as a formally established and approved by the society and / or state rule of conduct, which is intended to establish certain rights and duties.

In addition, the rule of law is characterized by a number of features inherent only to it. These include the following:

- The norm is the measure of individual rights. In accordance with this, the rules of law establish a range of duties and freedoms depending on the characteristics of a particular individual.

- A norm is an expression of the status of a subject in strictly defined social relations. Thus, it fixes the legal behavior of the subject in a particular case.

- The norm always determines the social relations and the place of the subject in them, but not in any concrete subject.

- The rule of law always has the protection and guarantee of the state and its authorized structures.

- It always has a clear structure, expressed, as a rule, in the hypothesis, dispositions and sanctions.

The set in all varieties

Like most phenomena, the rules of law differentiate depending on the semantic load they carry. Therefore, in legal theory, there are eight types of norms, namely:

- constituent - establish the basic rules, according to which the community and its institutions function;

- Regulatory - determine the behavior of subjects depending on the specific type of relationship, and therefore are divided into:

A) prohibiting - setting taboos on unacceptable behavior;

B) binding - offering a specific model of behavior in a strictly established legal relationship;

C) authorizing - give the right to specific behavior or offer several options for possible action and / or inaction;

- protective - are legally fixed methods of punishment for violation of the rules (for example, the norms of tax law, where non-observance of fiscal law should be sanctioned in the form of a fine);

- security - act as a mechanism to guarantee the execution of legal behavior;

- declarative - are legally fixed plans for the development of the society in a particular state or organization;

- Diffinative - establish the essence of certain social phenomena;

- collision ones - act as a regulator for resolving possible collisions of equal legal norms;

- operational - are aimed at solving technical issues of the functioning of normative acts, such as entry into force or termination of action.

Other classification is the division into imperative (setting only one possible model of behavior), recommendatory (recommend specific behavior) and dispositive (providing several options for behavior). All these species are based on the components of the norm.

Structure - an example of the rule of law " in the context"

Despite the fact that the norm is the basis for the formation of sources of law, it has its own three-pronged structure that unifies the hypothesis, disposition and sanction.

The hypothesis defines the social relation considered in the norm of law.

The disposition dictates how to act in a specific social relation.

Sanction, as a rule, describes possible consequences for non-compliance with the rules specified in the dispositions.

It is worth noting that the declared three-unit structure is not static. Existing legislative systems demonstrate that situations are possible in which there is no sanction or the rule itself is complicated by introducing additional hypotheses, dispositions or sanctions.

In this regard, we can conclude that, despite its initial character of the element of the legal system, the rule of law is a complex phenomenon both in structure and in characterizing qualities.

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