A definitive rule of law is a provision in which one or another term used in legislation is explained. Such interpretations make it possible to illuminate the main features of one or another legal concept. Let us further consider in detail the definitive norms of law. Examples of such clarifying provisions will also be given in the article.
Basic information
A legal norm is considered the initial legal element in which an independent program of influence on regulated relations and the behavior of their participants is laid down. Subjects use separate provisions, which are the basis for the emergence of their duties and legal capabilities, as well as those or other freedoms.
Characteristic
Legal rules govern the most significant social relations. They set the limits of the permitted, permissible behavior of the participants. Norms express the degree of freedom of the subject in society. Meanwhile, some provisions contain very specific requirements, a certain model of behavior that is acceptable for some people in order to ensure the realization of the interests of others. Their social value lies in the stabilization of social relations. They provide predictability of the behavior of participants in interactions. In this regard, legal norms act as sanctioned by the state or the general rule established by it. It is designed for an indefinite number of situations of the same type and is mandatory for each participant in the corresponding interactions. Such a model is usually created by establishing responsibilities and legal opportunities for actors.
General nature
Any, including definitive legal norms have reusable action. They relate to an unspecified number of members of society. The general purpose of the provisions is to resolve not only one point, but a certain area of relations. Everything, including definitive norms , is obligatory for everyone who is a participant in the relevant interactions. So, in the TC provisions are provided that are not aimed at a specific subject, but characterize the relations of all persons between whom labor relations are established. The definitive rules in the Code of Civil Procedure contain explanations for certain procedural terms and procedures used by all parties to the proceedings.
Key features
The general nature of the norms is determined by:
- The establishment of common borders for entities included in the circle of relevant relations. This property is fixed by such a concept as "normativity".
- Abstraction. The norms do not affect the interests of one particular person or group of subjects / objects.
- Representatively binding character.
The most general are considered definitive norms in the Constitution of the Russian Federation. Examples of such provisions are as follows. The Basic Law clarifies the concept of the Russian Federation. It is a democratic federal state with a republican form of government.
Specificity
Definitive norms , like any others, are focused on a specific life situation. So, in the Criminal Code there are explanations of such concepts as “alibi”, “crime”, “intent”, “guilt”, etc. All these definitions relate to the sphere of criminal relations. Definitive norms are also used to clarify certain issues related to punishments . Examples can be given from various codes. In particular, the articles of the Criminal Code that establish punishment for economic and some other crimes use the term “large size”. This concept applies to the amount of damage caused to the victim as a result of the illegal actions of the perpetrator. The notes to the articles indicate which size is considered large. So, as a general rule, the amount of 250 thousand rubles corresponds to it. However, for some crimes, its value rises to 1.5 million p. The definitive norms in this case make it possible to correctly qualify the act and establish a proportionate punishment.
Structure
Definitive norms directly include the concept itself, which is explained, and characteristics that allow to form a clear idea of the category in question. When determining the general rules of behavior in some situations, the following are used:
- Hypothesis. It reflects the specific case in which the established model is applied.
- Disposition. She expresses attitude to the event.
- Sanction. It represents a state reaction to action.
Within this structure, there may be definitive norms explaining certain points in each structural element.
The meaning of the provisions
The definitive norms in the Constitution and other legislative acts form a new structure of public relations. Moreover, such provisions make up the bulk of legal documents. In definitions, the idea is “capacious and simple about complex”. In other words, in an accessible language they explain subjects certain concepts. Norms-definitions play an essential role in the sphere of regulation, provide concretization of terms. In addition, they clearly express the will of state power, contribute to a qualitative impact on the development of relations in society.
Functions
The key tasks that fulfill the standard definitions include:
- Constituent.
- Cognitive.
- Informational.
- Explanatory
- Regulatory.
- Interpretation.
These provisions legally enforce the terms, eliminating the possibility of their ambiguous interpretation.
Requirements
The norm definition should give a clear explanation of a specific action / event. Moreover, it should be interconnected with other similar provisions of other legislative acts. The need for standards-definitions arises when the definition is not disclosed sufficiently fully and clearly, in connection with which there is the possibility of ambiguous understanding and interpretation. In addition, such provisions are used to explain complex legal categories of a technical nature, including if they are applied by a wide range of entities.
Classification
Differentiation of norm-definitions is carried out by different authors in different ways. However, classifications are considered the most significant, which are based on an understanding of the laws of the relationship between certain types of provisions, their mutual transformation. In law, there are 3 classes of norm definitions:
- Doctrinal. They determine the structure of the theory.
- Practically applied. These norms-definitions are formed in the process of real activity. They are recorded in acts of higher institutions and are mandatory for lower structures.
- Legal. Such definitions are established by the competent representative bodies in legislative and other acts.
The latter type of provision is prescriptive. In their role, place in regulation, significance for social relations, they differ significantly from the first two types. Meanwhile, there are no insurmountable differences between all classes of norms, since they all act as integral elements of a single legal system.
Additionally
Standards-definitions may vary in frequency of use. It depends on the number of cases in which they are used. So, there are common words. These include, in particular, such concepts as “employee”, “legal entity”, etc. There are special terms. They are used in a particular professional field. For example, such a thing as "jurisprudence". Meanwhile, at present, there are no obstacles for science as a whole, and for the subjects of relations to improve the classifications of explanatory provisions. The differentiation of norms should ultimately have a beneficial effect on the nature of relations and the mechanism of their regulation. In carrying out the classification, however, it is necessary to clearly understand the appropriateness of this process.
Act binding
As a rule, definitive norms are present in a separate section of the legislation. However, at present, many of these provisions are contained in the main part. Modern legal acts are issued with sections of a general nature. They contain key concepts and explanations for them. Thus, the Law governing the protection of consumer rights is contained in Sec. 1 explanations for such terms as "consumer", "seller", "manufacturer", "product safety" and so on.
Conclusion
Definitive norms, therefore, are one of the most important elements of the legal system. They are of great practical importance not only for authorized bodies and their employees, but also for citizens and organizations. Entities entering into one or another relationship are faced with the need to understand fairly complex concepts. Some terms are simple, and therefore can be understood without further explanation. However, many definitions cover various fields of activity, and therefore must be correctly interpreted. The effectiveness of the application of certain provisions of the law depends on how fully, comprehensively and readily the explanations are given. Recently, extras note an increase in citizens' interest in legal science. The population seeks to improve their legal literacy, not limited to knowledge of certain commonly used concepts. This trend should have a beneficial effect on the relationship between subjects as a whole. Legally competent participants in interactions save time and effort in resolving disputes, quickly come to a compromise, more clearly state their position.