Equally important in the theory of the main legal science are the principles of law. The concept and types of this institution are represented by a striking variety. A similar phenomenon exists because of the abundance of opinions of legal scholars who explain their point of view from different angles.
Definition, clarification and explanation
The principles in any industry, whether it is legal, technical or otherwise, are called fundamental ideas, guidelines, thanks to which a single activity is built. As a rule, this institution does not have clear boundaries, but each rule of law in one way or another reflects the main idea.
Laws and general norms express the principles of law. The concept, signs, types - everything is reflected in the norm that reinforces a certain idea. Often you can find guidelines that are not directly reflected in the law, but their meaning is clear from other articles of the legal acts. Created to streamline the norms and principles of criminal, financial, tax, and the principles of civil law. The concept, types of a given institution depend on the industry to which they belong. The core of any idea is the essence and direction of a particular legal system.
About specifications
Like many institutes in jurisprudence, the principles of law are characterized by special signs . The concept and types, functions and significance are formed primarily on the basis of fundamental characteristics. So, to judge that the dominant positions are presented to you is based on the following signs:
- Are requirements.
- Brightly express the essence of the industry. In the legal acts one can meet those norms that will never appear in other areas. For example, criminal and tax law are distinguished due to qualitatively different principles.
- Regulate real-life relationships.
- Stable and usually unchanged.
- Compose the framework of the legal system.
- Detailed and fragmented in legislation.
Presentation Methods
The principles of law have a specific form. The concept, types, content depend on the way they are presented. In total, there are 2 methods of presentation in jurisprudence:
- Textual, when an idea is enshrined in a legal document and everyone can get acquainted with it. Such articles in most cases are combined into specific chapters, which are called the “Principles”.
- The semantic method involves the clarification of a certain idea by analyzing a system of legal acts and articles. This method often encounters such a problem as fragmentation of interpretation.
About Species
The fundamental internal category is the classification, according to which, for certain reasons, all the principles of law are divided. The concept and types of each norm depend on the content of the article and the specific industry.
There are four broad divisions:
- general legal - generalized provisions that are characteristic of the Russian legal system as a whole;
- intersectoral - can occur in several legal systems, for example, in the tax and financial sectors;
- industry, it is easy to guess that the guidelines are characteristic exclusively for a system of norms of a certain orientation;
- principles of a legal institution; Each industry includes in its structure certain institutions for which they have their own guiding ideas.
The brightest ideas
As you know, the basis for the formation of all Russian legislation is constitutional law. The Constitution reflects the main principles of law through a semantic and textual way of presentation. The concept, types, meaning, of course, are not disclosed, but it is precisely thanks to their consolidation in the Main Law of the state that jurists have formed a solid system of knowledge.
The principle of legality has some priority over other fundamental ideas, as it creates a unified legal system of the state. Any legal industry first of all enshrines the principle of legality, and only then forms industry provisions.
The principle of justice expresses the social orientation of each legal norm. This idea suggests that law was created in order to satisfy the interests of society. So, between each person and the state there is a certain relationship. On the one hand, citizens are obliged to comply with laws, and on the other, legal norms are established in the interests of the whole society.
The priority of human rights is reflected in all the principles of law. The concept and types here play a lesser significance, since the norms in no case should violate both the natural and positive status of a citizen. Human rights are immutable. This guiding principle forms the core of the Russian legal system.
The main activities
For the set goals, the principles and functions of law, the concept and types, its institutions and sub-institutes are created. And their implementation depends on the main activities, on the tasks and the mechanism for their implementation. Together, all of the above forms the following functions of law :
- Regulatory.
- Dynamic.
- Security.
- Estimated.
A bit more about the features
The main areas of activity together allow achieving the objectives set for the principles of law. In order to use them effectively, it is important to clearly know what each function is for.
Regulatory ensures the stability of public relations. It allows you to create a single mechanism for the implementation of the rights and freedoms of citizens, to approve significant provisions, to provide liability for the commission of an offense.
A dynamic function acts as a modulator of behavior. In order to comply with the rule of law, a person must behave in a certain way. As a rule, legal dynamics are implemented using binding norms. Vivid examples are peremptory articles about the need to pay taxes, military duty or fulfillment of contractual obligations.
The protective function is aimed at ensuring the social regulation of the legal system. So, through this area of activity, citizens comply with legal norms regardless of their internal conviction. The implementation of the function is possible only with an actual violation of the law. Indirectly, it affects society through general prevention.
Positive or negative responsibility is embodied in real social relations due to the evaluation function, which follows from compliance / violation of norms.
The meaning of the principles of law
No system in society is created just like that. All legal principles were invented in order to:
- Ensuring a stable and sustainable order of relations in society.
- Ensuring human freedom and eliminating fear of the authorities in all areas of activity.
- Security, a sense of security.
- Civil Society Formations.
The latter category was reflected in the Constitution of Russia back in 1993. One of the goals of the state is the formation of civil society, and the principles of law contribute in many respects to this goal by regulating certain groups of public relations.