Types of forms of law are different. They are used to keep in touch with various social processes. What are forms of law? In fact, this is its external manifestation, the ways of its manifestation. For example, we can say that forms of ownership are expressed in the implementation of civil law norms. The form makes the norm streamlined, and also gives it a state-imperious character.
Allocate external as well as internal form. Internal is a structure and system of law. It is understood as a set of norms and institutions that form the industry. In some cases, sub-sectors are also distinguished. Division in some cases is specific.
External forms of law are a combination of various legal sources, formally fixing all kinds of legal phenomena, making it possible to understand the essence of these phenomena, helping to study them.
External forms of law - this is a custom, precedent, regulatory agreement, legal acts. The differences between them are significant.
Legal custom exists and is used since ancient times. It was he who existed before the advent of the law. Each state has its own attitude to legal custom, but it is worth noting that it is an integral part of our life. Its norms are often not authorized by the state, but the majority of members of a society still consider their observance to be their own duty.
A legal precedent is a decision made by an authorized body on a particular issue. It can be used as a source of law in deciding any similar case.
In our judicial system, legal customs are practically not applied (except in constitutional legal proceedings), however, decisions of higher courts can be used in the process of resolving certain legal disputes.
Besides the judicial one, the precedent may also be administrative.
A contract having regulatory content is a legal contract. It can be used in any branch of domestic law. The properties it has are as follows:
- the nature of the conclusion is voluntary;
- it must necessarily contain a legal norm of a general nature;
- its parties have a common legal interest;
- it is paid and equivalent in nature;
- it involves the consent of the parties on all points;
- the parties on the basis of it become mutually responsible to each other;
- legal support is assumed.
A normative legal act is a document issued in a special order (only by a law-making competent authority). It contains certain rules of law. Today, legal acts are the most perfect form of law.
Its most important features:
- comes from the state (the receiving authority acts from its interests);
- it implies that it contains a state will;
- the form is strictly defined - written. When creating, only specific characters, terms, and so on can be used;
- NLA consists of typical regulatory requirements. These requirements have certain legal force. At the expense of them, a single procedure for regulating social relations is ensured;
- the adoption procedure has been settled;
- implementation is provided by measures of state. legal impact.
As mentioned above, the external form of law is its sources. In general, today they are as follows:
- ideal;
- material;
- legal.
It must be pointed out that legal sources of law can also be subjective and objective, secondary and main. Of course, the main source is the Constitution. It is important to remember that all other sources are subordinate to it. Contradictions are unacceptable.