The structure of legal norms is a form of their internal content. This or that position is capable of performing a regulatory function in the event that it has the ability to respond to the emerging conditions of real life, to take into account the social properties of these conditions. In addition, the provision should provide for the enforcement of a requirement.
The structure of a legal norm is a model (typical scheme). In it are connected all the elements that make up it. The main feature that distinguishes the structure of a legal norm from other systems is the corresponding construction of the legal, intellectual and volitional content of state power. As practice shows, the development of regulations is expressed in the isolation of the provisions that govern legal sanctions.
The structure of a legal norm is a logical construction. This design is called upon to ensure the regulation of relations between citizens. In other words, it is a specific model of probable behavior and it was formed in the process of development of society. The structure of the legal norm reflects the desire of the people to create long-term means of development and knowledge of legal reality.
It has been traditionally established that the provisions under consideration include three components: sanction, disposition, and hypothesis.
Disposition reflects the content and essence of the rules of conduct. It indicates the duties and rights that the state protects.
The hypothesis testifies to specific life circumstances within which this or that norm comes into effect.
Incentive or punitive measures indicate sanction. Thus, the negative or positive consequences that occur when observing or, conversely, violating the rules indicated in the disposition are reflected.
In some cases, an article of the law formulates part of the norm. The remaining parts may be reflected in other articles or acts. In this case, it is necessary to distinguish the concept of an article of law from a prescription. This separation of definitions is very obvious. This is due to the fact that one article may contain several requirements. So, for example, the structure of a criminal law norm may contain a sanction serving acts of other legal branches.
At the same time, the construction of a prescription is an objective result of the expression of a specific social relationship. The public relation, which is subject to registration, makes an objective requirement about the logical correspondence of the structure of the norm to its internal structure, which, in turn, determines the number of elements and the nature of the relationship between them. The determinative effect on the design is provided by the species, type, gender, and also the side of social relations. At the same time, it is necessary to take into account the certain complexity of the existing logical connections that are formed between subjects in the framework of relations, the quantitative characteristics of objects and subjects, the repeatability and prevalence of relationships in society, as well as the likely level of generalization.
With some convention, we can say that in each legal norm there are as many logical components as this or that social interaction requires . So, in the structure of property relations, in addition to the above three elements, there is a degree of encouragement, an indication of each participating entity. Most criminal relationships are characterized by a two-term construction of the requirement. And, for example, for political, mass relations that require constitutional execution, a statement of the right to their presence is often sufficient.