Structure of the legal norm
The structure of legal norms is the form of theirinternal content. This or that situation is able to perform a regulatory function in the event that it has the ability to respond to the emerging conditions of real life, to take into account the social properties of these conditions. In addition, the provision should provide for the enforcement of the prescription.
The structure of the rule of law ismodel (a typical scheme). It involves all the elements that make up it. The main feature, according to which the structure of the legal norm differs from other systems, is the corresponding construction of the legal, intellectual-volitional content of the state power. As practice shows, the development of prescriptions is expressed in the isolation of provisions that regulate legal sanctions.
The structure of the legal norm is a logicalconstruction. This design is called to ensure regulation of relations between citizens. In other words, it is a specific model of probable behavior and was formed in the process of the development of society. The structure of the legal norm reflects the people's desire to form long-term means of mastering and understanding the legal reality.
Traditionally, the provisions examined include three components: sanction, disposition and hypothesis.
The disposition reflects the content and essence of the rules of behavior. It indicates the duties and rights that the state protects.
The hypothesis indicates specific life circumstances, within which one or another norm comes into effect.
For incentive or punitive measures,sanction. Thus, the negative or positive consequences that occur when the rules specified in the disposition are observed or, conversely, is violated.
In some cases, the article of the law formulatespart of the norm. The remaining parts may be reflected in other articles or acts. In this case, it is necessary to distinguish the concept of the article of the law from the prescription. This division of definitions is very obvious. This is due to the fact that one article may contain several prescriptions. Thus, for example, the structure of the criminal law may contain a sanction that serves acts of other legal branches.
Along with this, the design of the prescriptionis the objectified result of expressing a particular social relation. The public attitude, which is subject to registration, makes an objective requirement about the logical correspondence of the structure of the norm to its internal structure, which, in turn, predetermines the number of elements and the nature of the relationship between them. The determinative effect on the construction is rendered by type, type, gender, and also the side of the public relation. At the same time, it is necessary to take into account the certain complexity of the existing logical links that are formed between subjects within the framework of relations, the quantitative characteristics of objects and subjects, the frequency and prevalence of relationships in society, and the likely level of generalization.
With some conventionality, we can say thatin every legal norm there are as many logical components as this or that social interaction requires. So, in the structure of property relations, in addition to the above three elements, there is a degree of encouragement, an indication of each participating entity. For most criminal relations, a two-term design of the precept is characteristic. And, for example, for political, mass relations, which require constitutional registration, it is often sufficient to state that they are available.