The structural elements of the rule of law are smaller ramifications than the structure itself. It also means a certain construction according to the meaning of all norms, which is formed due to logical thinking in combination with the revealed patterns that permeate all relationships between subjects.
System
The system of law is the first thing that can be divided into all norms. It expresses itself through the organization of all legal norms in certain branches or institutions. It is assumed that the relationship between these industries will be interconnected.
The specificity of the system is based on the fact that its functioning is due to two working parties. A group where all norms and institutions are systematized, as well as a division where they are given more specificity.
Structure of the rule of law
Before proceeding to the study of the structural elements of the rule of law, it is necessary to understand what the structure as a whole is. She isis not as broad as a system, but not as specific as the elements. The structure is somewhere in the middle.
The main representative of such a concept is the industry. It also has its divisions, for example, the Institute. For example, in the field of labor law there is an institution of an employment contract.
Industry in the general sense is a certain legal norms that are related in essence and meaning to each other. Such norms are capable of influencing concrete relations in society. For example, the constitutional branch aims to ensure that all citizens abide by the basic principles of the Constitution. The structural elements of the norms of constitutional law help to understand them most accurately.
The industry reveals its essence through the formation of legal institutions. They are aimed at specifying the rights and obligations for a specific type of relationship in society.
Structural elements of the rule of law
- Hypothesis. It is aimed at creating a certain type of relationship through the formation of some circumstances where the legal relationship expresses itself most clearly. Here the main subjects of law emerge.
- Disposition. It is a structural element of the rule of law, which is responsible for ensuring that these legal relations actually arise, but according to a certain canon. To begin with, action is needed on the part of the hypothesis, as a result of which specific circumstances are created.
- Sanction. Here the consequences areresponsibility, if the subject of the right has committed an action, but did it not in the prescribed way, but in his own way, as a result of which he violated the law and order.
Place of elements in legislation
Types of structural elements of the rule of law only prove the fact that the whole system is logical, that it is built on certain patterns in society.
Regularities express themselves due to the emergence of the need for relationships among the subjects of law. Logic is formed against the background of thoughts and reasoning that lead to the most appropriate outcome. The important thing is that the thesis should correspond in meaning to the result.
Based on these principles, the relationship of rights and laws is formed. They can be related in different ways:
- a specific article is identical to the meaning of the norm;
- the essence of the article is formed due to the adjacency of the basic concepts of several norms;
- the norm has a multifaceted meaning, therefore it is mentioned in several articles.
Classification by hypotheses
The hypothesis differs in its essence:
- Plain. As a rule, it covers only one situation, because of which certain relationships already arise.
- Possible. She speaks of several situations that must be similar in meaning, otherwise the appearance of a disposition is impossible.
- Other. It also represents several circumstances, but in order for a disposition to arise, one of them is quite enough.
Characteristics of the structural elements of the rule of lawprovides for a distinction in the specifics of situations:
- Conclusive. Situations are formed that have a general meaning, but are not overloaded with concretization of actions.
- casuistic. Here circumstances arise that have a sequence, conditions, functions. Thus, they become very multifaceted in terms of meaning.
There is also a positive hypothesis, which implies the existence of certain conditions for the appearance of a disposition. There is also a negative one, in which the existence of conditions is not provided.
Types of norms by dispositions
Classification of the structural elements of the rule of law provides for a group according to the type of presentation of information:
- Straight. All information is fully described in the disposition itself;
- Reference. It redirects the subject to another article that is also present in this document.
- Blanket. There is really no description in the document itself, as a rule, it is present in other acts, to which the disposition refers.
Depending on meaning:
- Simple. Here the relations themselves are described, their norm is established.
- Descriptive. The most common describes all the norms of this relationship with subparagraphs and examples.
According to the final mode that should occur:
- Permissible. Shows the norms that are inherent in this subject. The latter can act as he pleases, but without violating the specified boundaries.
- Required. It not only reflects the norms, but also prohibitions that limit all the actions of the subject according to a certain parameter.
Classification by sanctions
The structural elements of the rules of law differ in certainty:
- Absolute. Carries a conclusion about what kind of offense was committed, as well as what the subject will be for.
- Relative. It also shows the form of the violation, the amount of fines, but at the same time determines the allowable variability. For example, a fine of 5 to 6 thousand.
- Alternative. This type includes diverse punishments for the subject, that is, he will be presented not only with a term, but also with a fine for such a violation. For example, two months of corrective labor and a fine of 5 thousand rubles.
Depending on volume:
- regular - the subject committed only one offense;
- complex - two or more negative actions were done.
Depending on the branch of law:
- Criminal sanctions.
- Administrative.
- Disciplinary and many more.
Forms of law
Long before there is a system, structure and other divisions, law first appears. Its modern sources are:
- The constitution is the main source.
- Acts and regulations of a regulatory nature.
- Various administrative and judicial opinions or precedents.
- Customs and traditions.
- Norms of internationalrights.
The most common source, in addition to the Constitution of the state, is precisely the legal acts. They come in different levels - national and international. The first type includes all laws of the state, acts and resolutions emanating from various bodies of the state. International - these are already various agreements between countries, conventions.
Case data is a rather outdated source, but it is still actively used in many states. For example, where the so-called common law is used.
The customs and traditions of the people and the state are also becoming obsolete as a source. In Russia, for example, there were acts of Russian Truth, where all known customs were collected and structured. For example, the tradition of leaving the child to the mother after a divorce. She lived in the laws of the Russian Federation for a long time.
