The structure of the rule of law

Any legal norm is a single whole, which is formed as a result of combining several closely interconnected parts. The structure of the rule of law usually includes three main parts, which in legal science are usually defined as hypothesis, disposition and sanction.

In addition to this, the norms of law distinguish three generally accepted levels that ensure its integrity as a result of certain social relations that led to the formation of a legal structure. These are legal, sociological and logical levels.

The structure of the rule of law under a hypothesis refers to the main part of the rule, which describes certain circumstances of life or activity, in which specific legal relations arise, leading to the implementation of this rule. The hypothesis contains the main points of the rule of law, such as: the place, time, subject and object of the rule, as well as the type of relationship between them, which leads to the appearance of certain legal relationships between the parties. The hypothesis regulates these legal relations, defining their framework and formulating their essence.

At the same time, several types of hypotheses are distinguished, the separation of which depends on how many conditions for the implementation of the rule of law are described in it. On this basis, simple (with a description of one condition) and complex (with a description of two or more conditions) types of hypotheses are distinguished. Also, depending on those relations that connect the hypothesis of a particular legal norm with life circumstances, casuistic and abstract hypotheses are distinguished in legal science. The first contains a description of certain cases of the implementation of the hypothesis, which can take place only in certain life circumstances. The second type of hypothesis, abstract, implies a description of generic, generalized features of those conditions in which legal norms can operate .

Under the concept of disposition, the structure of the rule of law describes the relationships themselves that arise between the subjects of any branch of law. It describes the immediate rule of conduct that governs these relationships between legal entities. Often the disposition of the rule of law is a reflection and a full description of the lawful behavior of a particular subject in full accordance with the legislation of the country.

The sanction that each structure of the rule of law has, describes those or other consequences, the onset of which entails a violation (intentional or not) of the disposition. It may describe property, moral, psychological, physical and any other adverse consequences that are the inevitable consequence of an unlawful act carried out contrary to the rule of law.

All these parts are a reflection of the legal level of legal norms and are of practical importance for their implementation. In addition to the legal level, there is also a logical one, which also has its own characteristics.

The logical structure of the rule of law implies the availability of the ability to reconstruct this rule. Due to the logical level of legal norms, all relations between legislative acts are disclosed, as a result of which it becomes possible to disclose incomprehensible or missing elements of the norm in other articles of a particular set of laws, or in legal acts directly related to a specific norm. In other words, the logical part of each legal norm allows us to speak about the unity and interconnectedness of all laws and regulations existing in the state.

Thus, the structure of a rule of law is a combination of parts of any legal norm, which ensures its relevance and makes it significant in the system of legal relations.

Source: https://habr.com/ru/post/G9762/


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