Norms of law

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1. The concept of legal norms

2. Types of legal norms
3. Structure of the legal norm
The concept of legal norm.
Objective law is traditionally considered as a system of legal norms. The legal norm is the primary basic element of the content of the law, reflecting most of the features inherent in the law as a whole.
A legal norm is a general state judgment containing a certain rule of conduct. Namely:
1. Generic sign of the norm-it acts as a judgment that assumes the presence of a subject (S) and a predicate (P). For example, according to article 51 of the Constitution of the Russian Federation, everyone has the right not to testify against themselves and their loved ones; in this case, the subject is everyone, the predicate is a silent person.
2. Norm has a general (obligatory or generally binding) character – the essence of all the S P. There is an individual judgment, while "General" means that the norm applies to an indefinite range of persons and situations. In other words, legal norms are not addressed to a specific relation, case or person (s), but relate to some kind, type of relationship or social ties and extend their effect to all or to a sufficiently large and not quite defined circle of subjects that, in principle, can be their participants.
3. State character – a norm is created (established or authorized) by the state to regulate public relations, in a certain form, and the state controls the implementation of this norm (ensures the effectiveness of the norm by the possibility of coercion).
Based on the above, a rule of law can be defined as a formally defined judgment (rule of conduct) of a general nature, established or authorized by the state, secured by measures of state coercion, aimed at regulating public relations.
Types of legal norms.
There are many options for classifying legal norms, the essence of which can be reduced to the following grounds:
1. according to the functional role (direction of impact on public relations), norms are divided into:
a) protective-those norms that protect some good (establishing prohibitions, punishments for their violation);
b) regulatory-norms that regulate a certain process, fix rights and obligations, conditions for their occurrence and operation.
2. Depending on the nature of the regulated social relations distinguish norms:
a) material-norms that contain content (protective or regulatory), norms that prescribe rules of conduct;
b) procedural-rules that prescribe certain procedures for the implementation of norms ("how to make sure that there is a result").
3. According to the method of the legal effects of the norms differentiated into:
a) imperative (impera) norms – those that prescribe strictly mandatory behaviour. It is believed that the law should always have mandatory rules. Such rules either strictly prohibit doing something, or, on the contrary, allow something, but within strictly defined limits (for example, setting the retirement age).
b) dispositive – "the law / norm gives options" that leave discretion to the subjects of law (for example, the choice of an alternative type of punishment for an offense, freedom of contract in civil law).
4. according to the legal nature of the regulations contained in the rules, they are divided into:
a) prohibiting-rules that say "you can't do this".
b) binding – those rules that oblige you to do something.
C) the "ability to demand certain behaviour from other persons", the right authorizes the subject to perform a certain action.
In addition, it is possible to differentiate the rules depending on: the role in the system of legal regulation (general and special); scope (general, limited, local); legal force; industry nature.
Structure of the legal norm.
The classical structure of a legal norm includes three elements: hypothesis (from Greek. hipothesis – "assumption"; condition of the norm), disposition (lat. dispositio – "location"; the essence, content of the norm), sanction (lat. sanctio – "the strictest resolution"; responsibility, punishment for violation of the norm), i.e. is based on the principle: if – then – otherwise.
However, it should be remembered that the structure of the norm does not always coincide with the article of the normative act and is fully expressed in it. The norm-prescription can be fully contained in the text of the article, while the logical norm is usually "dissolved" in the text of the normative act. This is mediated by legal and technical tasks, the need to save text, and system connections in legislation. For example, it is impossible to list in the norm of art. 264 of the Criminal code "violation of traffic rules, entailed on imprudence death of the person" all situations of violations of the rules – they are regulated in such a voluminous act as SDA. Finally, there are specific types of rules: declarations (constitutional law), conflict of laws (private international law), definitions, and principles, which are not focused on a three – element structure.