What are the ways of presenting legal norms?

Ways of exposition of legal norms is a vast block of science called "theory of law". Scientists for a long time classified the articles depending on the method of forming articles by the legislator. In order to qualitatively master the primary knowledge of jurisprudence, it is important to pay special attention to this topic.

Freedom for the legislator

In order to better understand the ways of presenting legal norms in normative acts, it is necessary to consider their internal structure. And do it not only in a certain part of the article, but in all paragraphs, subparagraphs and paragraphs.

There is no such way of presenting a legal rule that would oblige the legislator to present the article in a clear order. No. However, legal scholars still determined some classification, thanks to which one kind of articles can be distinguished from another. The lack of a clear mechanism for declaring is due to the fact that the legislator is primarily trying to convey to citizens the meaning of the law, and not to put it in any definite form. In this regard, the variety of methods of presentation entailed certain classifications.

On the direct method

Ways of presenting legal norms differ not only in structure, but also in sense of content. If in one article you observe three elements: a hypothesis, a disposition and a sanction, then you have a direct way. With him, the legislative act simply lists all the elements of the norm in question, a specific formulation is given.

In the Russian legislation there are a huge number of examples that show a direct way of presentation. For example, the Federal Law "On guarantees of electoral rights" shows an article according to which citizens who have reached adulthood can elect and be elected. This is a direct way of presenting the norm. In addition, this article contains another rule of conduct, namely that persons who impede the exercise of this right will be brought to various responsibilities.

Elements of the norm

Ways of presenting legal norms are classified, as discussed earlier, depending on the presence of internal structural elements in them. On the example of the above-mentioned article, it is possible to clearly define the main elements of the legal norm. The conditions under which the rule applies are Russian citizenship, as well as the attainment of adulthood. Only in the presence of the above two conditions does the rule have legal force and provide an opportunity to participate in elections. Such conditions are called a hypothesis.

The direct rule of behavior, which is allowed or prohibited by the norm, is called disposition. In the article under consideration, this element is the ability of a citizen to vote in elections.

As for the sanction, this element provides consequences that can be both negative and positive. In case of violation of the established rules of conduct, punishment will be followed, and in case of its implementation - encouragement.

So, in general, the structure of the rules of law looks like . Ways of presenting legal norms depend on the presence or absence of separate elements. It is important to note that along with direct norms there are blanket and referral. So, different elements of the norm can be not only in different parts of the law, but also in other normative documents.

On the reference method

The peculiarity of the reference method of exposition of legal norms is that parts of the article are set out in one regulatory act, but in various chapters. If one part is in the main article, then there must be an indication that the final one can be found in a particular article of this AB.

Example reference method

The ways of presenting legal norms are the same both in the Russian state and in foreign countries. A vivid example of the reference article is the 313rd paragraph of the French Criminal Code, which provides for additional liability for fraudulent activities. This article contains a disposition in the form of a definition of the acts that are provided for in articles 313, cit. 1, 2, 4, 6 of the same regulatory document. Next is a sanction in the form of a list of additional penalties for violation.

The reference method of presenting the norm can be clearly seen in Part 1 of Art. 227 of the Criminal Code of the Russian Federation, which is called "Piracy". In the first part, the essential features of the act in question are described, in the second - the sanction with repeated committing or using weapons, in the third - the reference to the 1 st and 2 nd parts of the norm, which is supplemented by punishment for a crime that caused the death of a person or other grave consequences.

Repeatedly in the national legislation there are cases when reference to a particular article of a normative document is missing. In this situation, the legislator believes that the law enforcer will be able to find by himself a logical method that article that gives a definition or indicates a sanction.

Articles divided by 3

The blanket way of presenting legal norms is the division of an article into several parts, which, in turn, are divided into several normative documents. Again, in this case, the legislator does not always establish specific norms, where another rule of conduct or sanction is "lost".

As a clear example, you can pay attention to safety rules, traffic rules and GOSTs. The above-mentioned local regulatory documents provide for liability for the violation of any item in accordance with applicable law. So, the driver who violated the traffic rules, in any case, will be punished according to the sanctions provided for in the Code of Administrative Offenses or the Criminal Code of the Russian Federation. With regard to disposition, the rules of the road are in specially approved regulatory and legal acts. In this regard, the law enforcer in dealing with an offense should refer to several legal documents.