Classification of law in national law and international law

The main provisions of jurisprudence, which are the basic categories of any legal system, are called the rule of law. As a rule, these norms are enshrined in special state acts or interstate agreements; they define the framework and boundaries of behavior and very often have a binding character. There is a certain classification of rules of law, which for convenience divides them into types and helps to determine what type this rule applies to.

There are several different typologies that are used for this classification. Basically, they have certain characteristics by which these norms are divided. So, the rules of law, types and categories of legal provisions can be distinguished by their methods, functions and scope. For example, according to the methods and scope of the rule of law can be divided depending on what kind of legal relations they regulate. Every law - civil, criminal, administrative, constitutional and so on, has its own norms. If we take as a basis for dividing the functions of such norms, we see that legal provisions and categories are regulatory - that is, those that allow something, prohibit or give powers, protective, and relating to some specific industries or special situations , as well as defining the terms or functions of various organs.

Such a classification of the rule of law is traditional and fairly general. It is characteristic of a positivistic theory of law. Based on this typology, regulatory norms are highlighted in order to make it clear which rights and obligations exist for a particular type of legal relationship between entities, their groups, or entities and government bodies and, therefore, are aimed at determining the norm. Safety standards are allocated in order to indicate a deviation from the norm, an offense, nip or prevent them, and thus protect the first, regulatory standards. As a rule, they contain elements of coercion and responsibility. Special norms, on the other hand, are auxiliary, serving norms that supplement both of them, if it becomes necessary to precisely define one or another term, a special situation arises, for example, an emergency, and also when a legal conflict arises when one of the rules contradicts another. Moreover, in the latter case, as a rule, such a principle applies that the law of a higher hierarchy cancels the law of a lower order, and a special norm cancels the action of the general.

A slightly different classification of the rules of law in the international sphere. First of all, they vary in scope. There are global, universal norms that are binding on all countries that are part of the UN, and are binding on all. These are generally recognized principles of international relations, the provisions of the UN Bill on human rights and so on. Regional norms determine the relationship between countries within certain geographic boundaries, and particular ones depending on bilateral or multilateral agreements.

The classification of legal norms in this area can also take as the basis the force of legal action. So, peremptory norms are determining, because they concern the interests of all countries, and their violation can harm many states. Deviations from such a norm are not allowed, and any contracts concluded in violation of such norms are considered invalid. Dispositive norms, however, suggest that a country can deviate from such a norm by proposing its own version. But if this has not been done, the dispositive rule is also binding.

Classification of international law, of course, has typological characteristics characteristic of classification in the field of any law - that is, these norms can also be divided into functions and methods of regulation. But the specificity of international law is that its norms can be divided according to the form of expression (for example, those contained in international treaties and decisions of international and interstate organizations), as well as by time of action (that is, to act for a certain period of time, or indefinitely ) In international law, there are still reference norms that can give legal force to the recommendatory provisions of various organizations that were not previously binding.

Source: https://habr.com/ru/post/G45634/


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