Legal encyclopedia. Letter H

RULE OF LAW

- these are generally binding rules of conduct, which are created and protected from violations by the state, establishing the rights and obligations of participants in regulated relations.

In them the state will is expressed, therefore they are the state regulators of behavior.

NP possess some features. Unlike the individual prescriptions of state organs, NP have a personalized character. This means that their requirements are not addressed to specific individuals, but to all who are in the circumstances for which the rule is calculated.

NP have a certain structure (internal structure).

In order for NP to fully fulfill its mission, it must contain three elements:

1) an indication of when and under what actual life circumstances this rule is valid and to whom it extends (called a hypothesis);

2) a description of the behavior of persons who find themselves in the conditions indicated in the hypothesis; Establishes their rights and obligations (called disposition);

3) measures of state influence, which will be applied to violators of this rule. They are indicated in the part of the norm, which is called sanction.

When describing NP in the articles of regulatory legal acts, various methods are used. The method of presentation is simple, in which the article and the NP coincide completely, i.e. In one article all three elements of the norm are stated. In one article of the normative legal act, several NP may also be stated. In such cases, the article includes several parts (or paragraphs), and each (each) contains a separate legal norm.

A method of presentation is possible, in which one NP is set out in several articles of a single normative legal act. At the same time, the article lacks any element of NP, but contains an indication that it is set out in another article of the same act. This way of exposition is called referral (there is a reference to another article).

The classification of NP can be carried out for different reasons:

1) on the subject of legal regulation of NP are divided into norms:

A) constitutional;

B) civil; C) labor;

D) financial;

E) criminal and other branches of law;

2) according to their legal force, they are divided into:

A) legislative norms (norms of the law), having the highest legal force;

B) by-laws (norms contained in by-laws), which have less legal force, which should not contradict the legislative norms;

3) by the nature of the disposition of the NP are divided into:

A) authorizing (their rights are specified in their dispositions);

B) binding (the duties are indicated in the dispositions);

C) prohibiting (in the dispositions legal prohibitions are fixed).