In jurisprudence, disposition is a part of a legal norm that reveals the essence of a rule of conduct, namely, indicates, explains how a subject can and should act in a given situation. Thus, the disposition, on the one hand, regulates the rights and obligations of persons entering into any legal relationship, on the other hand, it embodies the rule itself and the norms of behavior, is the goal of the norm.
The disposition of a legal norm can be formulated in different ways, depending on the content and purpose of the normative act. In legal science, there are such methods as:
- a simple disposition is an indication of a rule of conduct;
- descriptive disposition - here are indicated the essential signs of behavior, rules, norms;
- the reference disposition addresses the subject not to his own, but to another legal norm;
- Banquet disposition refers the subject to the relevant regulations.
The disposition of the rule of law is present in civil, labor, family, land law and codes. They readily set forth and regulate the rights and obligations between participants in legal relations. For example, if there are two parties that have entered into a pledge agreement, the disposition indicates that if the debtor or the person to whom the debtor has indicated does not repay the debt on time, the creditor has the right to hold the pledge until the debt has been paid; if the specified waiting period expires, the creditor has the right to keep a deposit. The obligations of the debtor, according to the disposition, are to fulfill their obligations to the creditor.
Types of dispositions
- Dispositions are simple and complex. A simple disposition is a rule that prescribes one specific type of behavior (parents are required to financially support and raise their children until they are of full age). Complex ones offer several behaviors in the same situation. Complex, in turn, are divided into cumulative dispositions and alternative ones.
- Depending on the degree of certainty, dispositions are completely defined (these are simple dispositions), defined relatively (complex), indefinite, and difficult-alternative.
- Depending on the method of presentation, the external design of the disposition are also divided into simple, containing behavioral options, but not revealing them, and descriptive. Descriptive disposition is a detailed description of important signs of law-abiding or illegal behavior.
The structure of the rule of law
Being part of a legal norm, disposition is closely connected with hypothesis and sanction. A hypothesis refers to the conditions under which norms are applied and implemented. So, in the Criminal Code, in its General part, the age at which a person begins to bear criminal responsibility is indicated.
Sanction in the legal sciences means punishment, its size and type. Each disposition has its own sanction. Each article of a code contains one sanction or several. Through them, the legislation assesses the degree and severity of the offenses committed. That sanction is the main criterion by which groups of crimes and offenses are grouped and distributed.
Like dispositions, sanctions are also divided into absolutely definite, relatively definite and alternative. It depends on the degree of certainty of legal norms. Cumulative sanctions exist that allow the simultaneous application of basic and additional measures of influence. Being a state reaction to the phenomena and facts of violations of legal norms, sanctions are addressed to law enforcement bodies, as well as to citizens and legal entities.
Therefore, it is important not only to representatives of the rule of law, but also ordinary citizens to know the legal norms and acts, to understand them in order to avoid involuntary violations and not to commit intentional ones.