Declarative norms and their examples

A legal norm is an authorized or established (approved) model of appropriate behavior. It is protected by the state.

Key features

The legal norm has a general character. This means that it is not addressed to any particular subject. For example, if the norm refers to an official, then it applies to any employee. The established model regulates the actions of the face. Nora refers to the will of the subject, his consciousness, behavior, but not to desires, mood or emotions. For the approved model, the main goal is the external manifestation of the internal impulses of the subjects. The legal norm is endowed with a generally binding character. It should be performed by all citizens and organizations. The norm is recognized by the state, guaranteeing its implementation through coercive power. The rules govern public relations publicly, officially and openly. Moreover, any norm is designed for repeated use. It is used throughout the duration of its action. Legal norms are present in laws and other legal acts. They provide for a certain liability of persons in case of failure to comply with the established rules.

Classification

Differentiation of norms is carried out on a variety of grounds. Depending on the entities that establish them, models emanating from the state and from civil society are distinguished. The first are the norms approved by authorized representative, executive structures, as well as judicial bodies (in countries where relevant precedents take place). In the second case, patterns of behavior are established by the population of a particular administrative entity or the entire state. For example, on 12.12.1993, the Constitution of Russia was approved by a popular referendum. The classification of rules is also carried out depending on their social significance and role in the legal system. According to these signs, they distinguish:

1. Constituent models. They are also called normative principles.
2. Regulatory rules. They determine the behavior of subjects.
3. Security models. They are aimed at ensuring order in society.
4. Declarative Norms. Examples of such provisions are fairly common in law. So, the corresponding models are present in all existing codes (CC, CC, CC, etc.).
5. Security Standards. They act as guarantees of certain legal possibilities.
6. Definitive norms. They are used to define various legal categories.
7. Operational standards. These provisions are measures to respond to events.
8. Collision models.
   

Declarative norms, examples of which will be given below, as a rule, include provisions that have a programmatic nature. They determine the functions and tasks of regulating specific types of relationships. A declarative rule of law is a legal construct containing an announcement. So, in the second part of article 1 of the Basic Law, it is indicated that the names Russia and the Russian Federation are equivalent.

Declarative norms in the Constitution of the Russian Federation: examples

The provisions of the Basic Law are generally binding, formally defined, abstract models. They are established and protected by the state. Declarative norms of the Constitution of the Russian Federation are focused on the regulation of relations in society by affirming the legal capabilities and responsibilities of persons participating in them. The provisions of the Basic Law are considered basic models that are specified and disclosed in other acts. What declarative rules of law exist ? Examples of such provisions are present in the part of the Basic Law establishing the legal capabilities of citizens. They can be considered as certain structured properties of the personality being, reflecting its freedom. Declarative norms in the Constitution of the Russian Federation establish freedom of speech, assembly and association, the ability of each person to get an education, have property, social security, housing.

Position Properties

Declarative norms in the Constitution have features characteristic of other types of rules. At the same time, they distinguish specific qualities inherent only to them. A common property is normativity. She points out that the provisions enshrined in the Basic Law are rules, models of behavior of the entities to which they are directed. Any declarative legal norm is abstract. That is, it is focused on an unlimited range of subjects and can be used repeatedly. Like other legal rules, declarative rules are binding on all persons.

Specific features

Declarative (target) norms have a special legal nature. There are a number of signs in which it is expressed. First of all, the provisions of the Basic Law are aimed at a special circle of social interactions. They are the subject of constitutional regulation. Installation positions are present in various sources. However, the most important of these is the Constitution. Equally important is the constituent character of the provisions. Declarative norms consolidate and formalize key socio-political institutions. First of all, they directly regulate the process of creating patterns of behavior. This feature is considered the most characteristic of constitutional norms. It is also worth paying attention to the variety of provisions of the Basic Law. Declarative norms cover all key areas of activity of citizens and legal entities in the state. They establish acceptable models of interaction between the population and the authorities.

Human rights

They are harmoniously inscribed in the interaction of citizens and the state. At the same time, they have an impact on interpersonal relations, social relations of each individual. Respect for the rights of people around the world is guaranteed by the UN Declaration, adopted in 1948. This document is the result of many years of work. Declarative norms , enshrining the basic legal capabilities of an individual, began to arise in the Middle Ages. At that time they were presented in the form of acceptable standards, behavior models. In the 18th century The concept of rights was formalized in the constitutions of many countries. The legal capabilities of the subjects are a relatively small set of values ​​that regulate, as a rule, vertical relations "man-power". Each individual is vested with certain rights. They do not depend on citizenship, nor on social status, nor on religion, nor on other circumstances. Human rights have a natural origin. The individual receives them at birth. Moreover, declarative norms establish that personal human rights are inalienable.

Varieties

Human rights can be classified into:

1. Political. These include freedom of speech, assembly, the ability to create associations.
2. Cultural. Among them, the right to education, free creativity, etc.
3. Socio-economic. This group includes the rights to private property, social security, housing.

All of them are reflected in the Basic Law and its legal acts specifying it.

Protection mechanisms

Declarative norms enshrining personal non-property and property rights provide for the possibility of applying liability measures to persons violating these provisions. Protection mechanisms can be of very different nature. So, the legislation provides for political, legal measures. In addition, public actions may be organized to ensure the protection of rights. Protection of legal opportunities can be carried out in domestic structures. For example, in case of violation of the declarative norm fixing the inviolability of the home, the victim may go to court. The subject has a similar opportunity in case of infringement of his other interests guaranteed by the state. In addition, the protection of rights can be carried out in international instances.

The content of the starting points

Declarative norms form the basis of legislation. In practice, the initial (fundamental) and economic provisions are distinguished. The former have the most general character. One of these provisions has already been mentioned above. It provides that rights belong to a person from the moment of birth. Neither the state, nor society, nor other citizens can encroach on them. It is worth saying that the rights universally recognized in the international community must be realized in cases where they are not enshrined in domestic law or are violated. Legal opportunities enshrined at the interstate level have priority over national legal structures.

Equality before law and court

This is another crucial declarative rule. She does not allow any discrimination on any grounds (gender, religion, social status, etc.). At first glance, it can be considered that applying the requirement does not cause any problems. However, in practice, not everything is so simple. So, for example, it is declared in domestic legislation that women can expect to receive an old-age pension from 55 years old, and men from 60. By their nature, of course, people are not equal. This fact is quite obvious, and it lies at the heart of society. People have different gender, age, mental abilities, talent, health and so on. Natural differences cannot be completely eliminated. The legal system takes into account the actual differences of people, providing them with equality in procedures, initial opportunities. Of course, under the same conditions, a healthier, stronger person will be able to achieve more. This, in turn, can lead to social contradictions. Since it is impossible to completely eliminate natural differences, an appropriate amount of rights is established for people. Increasing it for certain categories is quite possible. Thus, the state equalizes the weak and strong representatives of the population. This, in fact, expresses the differentiation of regulatory regulation. It follows from the above that equality before the court and the law does not mean the identity of the legal possibilities of all people. The initial level is the same. But further, various privileges and exemptions for the least protected persons are allowed.

Unlimited legal possibilities

Declarative norms establish rights that cannot be infringed upon by anyone under any circumstances. Undoubtedly, the absence of restrictions would lead to disastrous consequences for society. In this regard, domestic legislation establishes two basic conditions for the implementation by entities of their legal capabilities. First of all, using his rights, a person should not infringe on the interests of others. In addition, the implementation of legal opportunities should not be aimed at antisocial actions. It is forbidden to violently change the state system, propagate war, incite religious, national, racial hatred, etc.

Children

This is the least protected category of people worldwide. In this regard, declarative norms in international law , as well as in national laws, are primarily aimed at protecting the interests and freedoms of children. Their main thesis is that humanity should give the child all the best that it has. Here it is necessary to note the special role of declarative norms in international law. At one time, a document adopted in 1948 by the UN had a great influence on politics and activities in individual states. The Declaration called on all parents, non-governmental organizations, local and state authorities to recognize the rights and freedoms of the child. The document has been ratified by almost all countries of the world. Declarative norms fixing the rights of the child at the international level were specified in national laws, charters of specialized institutions and organizations dealing with the problems of the well-being of minors.

Economic provisions

These declarative norms relate to labor activity, property status, and also social security of the population. One of the key provisions governs private property. Everyone has the right to own, dispose of, own and use property. This opportunity can be realized by the subject individually or together with other people. Here, procedural equality and probable property inequality are clearly visible. The potential opportunities are the same for everyone. However, real results show that the status of people is very different. Legislation declares equal opportunities, but does not ensure equal results. Everyone is free to choose their profession, work, occupation. He has the right to rely on safe, healthy conditions for his activity. Domestic legislation establishes an equal opportunity for everyone to get a job. However, in practice, not all people are employed in enterprises. To protect the unemployed, the state is developing special programs involving various measures to support the population. Disabled citizens are subject to social security regulations. These persons primarily include minors, people with disabilities, as well as people of advanced age.