Norms of law - the basis of life regulation

Relations between members of any community are always subject to certain rules. As for the state and its components, this statement is also true, and such principles are the rule of law.

In contrast to the definition of law in general, the rule of law has a clearly defined concept. It consists in the fact that this phenomenon is understood as a rule of conduct formally fixed and approved by society and / or the state, which is designed to establish certain rights and obligations.

In addition, the rule of law is characterized by a number of features inherent only to it. These include the following:

- The norm is a measure of individual rights. In accordance with this, the rules of law establish a range of duties and freedoms depending on the characteristics of a particular individual.

- The norm is an expression of the status of the subject in strictly defined social relations. Thus, it consolidates the legal behavior of the subject in a particular case.

- The norm always determines social relations and the place of the subject in them, but not the specific subject.

- The rule of law always has protection and a guarantee from the state and its authorized structures.

- It always has a clear structure, expressed, as a rule, in hypothesis, disposition and sanction.

Like most phenomena, the rule of law is differentiated depending on the semantic load that they carry. And therefore, in the legal theory there are 8 types of norms, namely:

- constituent - establish basic rules according to which the community and its institutions function;

- regulatory - determine the behavior of subjects depending on the specific type of relationship, and therefore are divided into:

a) prohibiting - establishing a taboo on unacceptable behavior;

b) binding - offering a specific model of behavior in a strictly established legal relationship;

c) eligible - give the right to specific behavior or offer several options for possible action and / or inaction;

- protective - are legislatively established methods of punishment for violation of the rules (an example is the rule of tax law, where a penalty is sanctioned for non-compliance with fiscal legislation);

- security - act as a mechanism to guarantee the execution of legal behavior;

- declarative - are legislatively fixed plans for the development of society in a single state or organization;

- differential - establish the essence of various social phenomena;

- conflict - act as a regulator to resolve possible clashes of equal legal force;

- operational - aimed at solving technical issues of the functioning of regulatory acts, such as the entry into force or expiration of an action.

Another classification is the division into imperative (establishing only one possible model of behavior), recommendatory (recommend specific behavior) and dispositive (providing several behaviors). All of these species are based on standard components.

Despite the fact that the norm is the basis for the formation of sources of law, it has its own triune structure, combining hypothesis, disposition and sanction.

The hypothesis determines the social attitude considered in the rule of law.

The disposition dictates exactly how to act in a particular social relation.

The sanction, as a rule, describes the possible consequences if the rules specified in the disposition are not followed.

It is worth noting that the claimed triune structure is not static. Existing legislative systems demonstrate that situations are likely in which there is no sanction or the norm itself is complicated by the introduction of additional hypotheses, dispositions or sanctions.

In this regard, we can conclude that, despite its initial character of an element of the legal system, the rule of law is a complex phenomenon both in structure and in characterizing qualities.