Methods of presentation of legal norms - this is an extensive block of science called the "theory of law". Scientists have long classified articles according to the method of generating articles by the legislator. In order to qualitatively assimilate 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. Moreover, this must be done not only in a certain part of the article, but also in all paragraphs, subparagraphs and paragraphs.
There is no way to present a legal norm that would oblige the legislator to state the article in a clear manner. Not. However, legal scholars nevertheless determined some classification, thanks to which one type of article can be distinguished from another. The lack of a clear declaration mechanism is due to the fact that the legislator is primarily trying to convey to the citizens the meaning of the law, and not to clothe it in any particular form. In this regard, the variety of presentation methods entailed certain classifications.
About direct method
The methods of presentation of legal norms differ not only in structure, but also in the meaning of the content. If in one article you observe three elements: hypothesis, disposition and sanction, then this is a direct way. Under him, the legislative act simply lists all the elements of the considered norm, gives a specific wording.
In Russian legislation there are a huge number of examples that show a direct way of presentation. So, for example, the Federal Law “On Guarantees of Electoral Rights” shows an article according to which citizens who have reached the age of majority can elect and be elected. This is a direct way to state the norm. In addition, this article contains another rule of conduct, namely that persons who impede the exercise of this right will be held liable in various ways.
Norm Elements
The methods of presentation of legal norms are classified, as mentioned earlier, depending on the presence of internal structural elements in them. Using the example of the above article, one can clearly define the main elements of a legal norm. The conditions under which the rule applies are Russian citizenship, as well as coming of age. Only if there are two of the above conditions does the norm have legal force and provide an opportunity to participate in elections. Such conditions are called a hypothesis.
An immediate rule of behavior that is permitted or prohibited by the norm is called disposition. In this article, this element is the opportunity for a citizen to vote in elections.
As for sanctions, this element provides for consequences that can be both negative and positive. In case of violation of the established rule of conduct, punishment will follow, and in case of its implementation - encouragement.
So in general the structure of the rule of law looks . Methods of presentation of legal norms depend on the presence or absence of individual elements. It is important to note that, along with direct norms, there are blank and reference. So, the various elements of the norm can be found not only in different parts of the law, but also in other regulatory documents.
About the reference method
The peculiarity of the reference method of presentation of legal norms lies in the fact that parts of the article are set forth in one regulatory legal act, but in its various chapters. If one part is in the main article, then there is always an indication that the final can be found in a specific article of this LA.
Reference Method Example
The methods of presentation of legal norms are the same both in the Russian state and in foreign countries. A striking example of a reference article is the 313rd paragraph of the French Penal Code, which provides for additional liability for fraudulent acts. This article contains a disposition in the form of a definition of the acts that are provided for in Articles 313 of approx. 1, 2, 4, 6 of the same regulatory document. The following is a sanction in the form of a list of additional penalties for violation.
The reference method of presentation of the norm can be clearly seen in part 1 of article 227 of the Criminal Code, which is called "Piracy." The first part describes the essential features of the act in question, the second - the sanction for repeated commitments or using weapons, in the third - the reference to the 1st and 2nd parts of the norm, which is supplemented by a punishment for a crime that resulted in the death of a person or other serious consequences.
Repeatedly in the national legislation there are cases when there is no reference to a specific article of a normative document. In such a situation, the legislator believes that the law enforcer will be able to independently find the article that defines or indicates sanction through a logical method.
Articles divided by 3
The blanket method of presenting legal norms is the division of an article into several parts, which, in turn, are divided into several regulatory documents. Again, in this case, the legislator does not always establish specific norms where another rule of conduct or sanction is “lost”.
As a striking example, you can pay attention to the safety rules, traffic rules and state standards. The above local regulatory documents provide for liability for violation of any clause in accordance with applicable law. So, a driver who violated traffic rules will in any case be punished according to the sanctions provided for in the Code of Administrative Offenses or the Criminal Code of the Russian Federation. As for the disposition, the rules of the road are in specially approved legal acts. In this regard, the law enforcer when considering the offense must refer to several regulatory documents.