Norms of definition: concept and principles

The norms of definition give definitions to one or another category used in the legislation. For example, the Criminal Code contains explanations for such concepts as guilt, alibi, murder, the Civil Code describes what obligations, contractual relations, etc. As a rule, the rules of definition are located in separate parts of the legislation. However, they can be found in the main sections. Let us consider in more detail the norms of definition. The article will also present a classification of these provisions on various grounds.

Basic information

A legal norm is considered as a specific rule of conduct. It is considered mandatory for all persons. Failure to comply entails liability. Translated from Latin, the norm means "exact order", "sample". After publication (promulgation), it is endowed with a state-imperious character. The circle of persons to whom it applies is not defined. It includes all citizens, organizations, government agencies. Proceeding from the state, the norm is protected by it.

General nature

It is expressed in the extension of the action to an indefinite number of subjects. Norma acts as a model of behavior. She does not have a specific addressee, is not aimed at a specific person. This differs it, for example, from a court order. The action of the norm is aimed at those entities that enter or can join or already participate in the relations regulated by it. The general nature allows us to regulate not every specific case, but to cover all situations, facts, interactions.

Signs

All standards, including definitions, are reusable. Their main goal is the regulation of a certain sphere of public relations. Standards are equally binding on everyone. For example, the Labor Code contains provisions that govern the interactions of all persons involved in working relationships. Standards determine the uniform nature and boundaries of the activities of entities within the scope of its regulation. All provisions are considered abstract. This means that the rules do not concern the interests of a particular subject or a limited number of persons. Equally important is their representative character. The norms provide one person with the right to act in a certain way and at the same time instructs others to perform similar actions or to refrain from them.

Structure

The rules distinguish three elements:

1. Hypothesis (assumption).
2. Disposition. She expresses attitude to a specific event.
3. Sanction. It represents the reaction of the state to one or another action that goes beyond the framework of a generally binding model of behavior.

Classification

The division of norms into categories can be carried out depending on the nature of the influence on relations in society. According to this criterion, the following provisions are distinguished:

1. Binding.
2. Prohibitory.
3. Dispositive (authorizing).

Depending on the degree of exposure, norms are distinguished:

1. Imperative. Their action is mandatory for everyone without any exceptions.
2. Dispositive. They provide the right to choose.

Classification can be carried out by the nature of participation in the regulation of social interactions. On this basis, the norms are distinguished:

1. Ascertaining. They directly indicate a fact.
2. Regulatory. These provisions govern the rules of conduct in a given situation.
3. Law enforcement. These provisions are adopted with the aim of keeping subjects within the established rules.

Definitions are legal norms that have a ascertaining character.

Basic properties

Norms of definition have all the properties described above. They are abstract and affect an indefinite number of subjects. The key objective of these provisions is to clarify the concepts used in legislative acts. The most common norms of definition in the Constitution of the Russian Federation. The Basic Law contains fundamental concepts and their definitions. The definition of the Russian Federation given in Art. 1 of Ch. 1, acts as a stating norm. The definitions in the Constitution form the legal basis for all other legislative acts.

Key areas

Definition and prescription norms formulate events and categories in 3 main areas of social activity:

1. General civil.
2. Criminal
3. Related to the protection of intellectual property.

Value

The foundations of the state system, the creation and functioning of government institutions, public and political associations, the implementation of territorial self-government, the implementation of the duties and rights of citizens and their groups establish the principles and principles. The norms of definition explain to all participants in the relationship these key principles. They form a system of social interactions. Simply put, the definitions comprehensively and simply interpret complex concepts.

Role

In the field of regulation, a special place is taken by legal definitions and specialized operational norms. The latter are aimed at the formation of certain patterns of behavior. However, they establish rules taking into account the characteristics of a particular field of activity. Normative legal definitions and specialized norms contribute to a greater concretization of the conceptual apparatus. This, in turn, provides a better impact on the development of interactions in society. The main functions that comply with the standards should include:

1. Constituent.
2. Cognitive.
3. Explanatory
4. Regulatory.
5. Informational.
6. Interpretation.

Providing legal consolidation of a particular category, they eliminate the likelihood of a different interpretation.

Types of explanatory clauses

Classification of definitions is carried out in various ways. The most common method of differentiation is separation, based on an understanding of the relationship between different concepts, their mutual transformation into each other. In science, three groups of definitions are defined:

1. Doctrinal. They determine the structure of any theory.
2. Practically applied. They are definitions that have developed in the process of social activity, have been legalized by acts of the highest authorities and have become mandatory for all entities.
3. Legal. They are established by competent representative (legislative) institutions. Such standards are prescriptive. In their place, importance, and role in regulating social interactions, they differ from the first and second. However, at the same time, there is no insurmountable difference between all three groups, since they all act as integral elements of the Russian legal system.

Depending on the cases in which it becomes necessary to use definitions, they are divided into:

1. Commonly used. These include, in particular, such concepts as “employee”, “employer”, “contract”, etc.
2. Special These terms can be called professional. These, in particular, include the concept of "jurisprudence".
   

Norms of definition: examples

As mentioned above, definitions are present in most legislative acts. The criminal code clarifies the concept of homicide. It recognizes intentional causing death to another citizen. The Criminal Code contains explanations of other concepts. For example, it explains what a crime in general is. They call them a dangerous act for society, entailing the application of criminal punishment to the guilty. In Art. 1 of Chapter 1 of the Constitution, the concept of the Russian Federation is explained - it is a democratic legal federal state with a republican form of government.

conclusions

Analyzing the above, we can conclude the following. The norms of definition are those provisions that explain the basic concepts used in legislative acts, for which a double interpretation is unacceptable. This means that their key task is an accurate and clear definition of a particular category or event. Any ambiguous interpretation of concepts can lead to violations in the application of laws in practice. This, in turn, may entail the infringement of the interests of citizens, legal entities, the state, government agencies and other entities involved in certain relations. The rules of definition should be clear not only to the legislator or government institutions, but also to the public. In this regard, the definitions should contain as simple words as possible, the meaning of which does not need to be explained further. Along with this, the definitions should give the most complete definition of a particular category. There can be no gaps or understatement in the clarification.

Conclusion

This is not to say that the norms of definition are the most important in the system. However, their importance and role is difficult to overestimate. Definitions are developed for greater clarity and transparency of legislation. Experts recommend reading the introductory (general) part before reading any act. As a rule, it contains all the terms used in the law, as well as definitions to them. Often, acts contain references to norms of definitions. This is done so as not to overload the text with terms and definitions. In some cases, this action is justified, because there are laws in which a lot of information and the inclusion of additional information in them is inappropriate. A number of experts believe that citizens need to know the basic norms of definition that exist in the domestic legal system. In practice, this can really be useful, especially in cases where you have to contact the courts or authorities. A legally literate person is more likely to defend his innocence. At the same time, he can protect his interests independently, without resorting to the help of lawyers. But sometimes knowledge of definitions alone is not enough. In some cases, it is necessary to understand the intricacies of the law, to navigate the articles and their changes, to understand the specific effect of certain provisions. In such situations, of course, without the help of a lawyer can not do.