Definitive norms: classification and examples

такое положение, в котором разъясняется тот или иной термин, используемый в законодательстве. The definitive rule of law is a provision in which one or another term used in legislation is explained. Such interpretations make it possible to highlight the main features of this or that legal concept. Let's consider in detail the definitive rules of law. таких разъясняющих положений также будут приведены в статье. Examples of such explanatory provisions will also be given in the article.

Basic information

The legal norm is considered the initial legal element, in which an independent program of influence on the regulated relations and the behavior of their participants is laid. Subjects use separate provisions that are the basis for the emergence of their duties and legal opportunities, as well as those or other freedoms.

Characteristic

Legal norms regulate the most significant social relations. In them the limits of the permitted, admissible behavior of participants are established. Norms express the degree of freedom of the subject in society. Meanwhile, some provisions contain quite specific prescriptions, a certain model of behavior that is permissible for some people in order to ensure the realization of the interests of other persons. Their social value lies in the stabilization of social relations. They ensure the predictability of the behavior of the participants in the interactions. In this regard, legal norms act as a state-sanctioned state or a general rule established by it. It is designed for an indefinite number of similar situations and is mandatory for each participant of the corresponding interactions. Such a model is created usually by establishing the duties and legal possibilities for the subjects.

General character

обладают многоразовым действием. Any, including, definitive legal norms have a reusable effect. They refer to an unspecified number of members of society. The general purpose of the provisions is to resolve not one moment, but a certain area of relations. , обязательны для всех, кто является участником соответствующих взаимодействий. Everything, including definitive norms , is obligatory for all who are participants of the corresponding interactions. So, in the TC there are provisions that are not directed at a particular subject, but characterize the relations of all persons between whom labor relations are established. содержат пояснения к тем или иным процессуальным терминам и процедурам, применяемым всеми участниками судопроизводства. Definitive norms in the CCP contain explanations to certain procedural terms and procedures applied by all participants in the proceedings.

Main features

The general nature of the rules is determined by:

1. The establishment of common borders for the subjects that are part of the relevant relationship. This property is fixed by such a notion as "normativity."
2. Abstractness. Norms do not affect the interests of one particular person or group of entities / entities.
3. Representative-binding character.

The most common are the definitive norms in the Constitution of the Russian Federation. таких положений можно привести следующие. Examples of such provisions can be cited as follows. The Basic Law clarifies the concept of the Russian Federation. It is a democratic federal state with a republican form of government.

Specificity

, как и любые другие, ориентированы на конкретную жизненную ситуацию. Definitive norms , like any other, are focused on a specific life situation. So, in the Criminal Code there are explanations to such concepts as "alibi", "crime", "intent", "guilt", etc. All these definitions refer to the sphere of criminal relations. To clarify some issues related to punishments, definitional norms are also used . можно привести из различных кодексов. Examples can be cited from various codes. In particular, the term "large size" is used in articles of the Criminal Code that establish penalties for economic and some other crimes. This concept applies to the amount of damage caused to the victim due to the unlawful actions of the perpetrator. In the notes to the articles, it is indicated which size is considered to be large. So, according to the general rule, it corresponds to an amount of 250 thousand rubles. However, for some crimes its value rises to 1.5 million rubles. в данном случае позволяют правильно квалифицировать деяние и установить соразмерное наказание. Definitive norms in this case allow to correctly qualify the act and establish a proportionate punishment.

Structure

Definitive norms include the very concept itself, which is explained, and the characteristics allowing to form a clear idea of the category in question. In determining the general rules of behavior in some situations are used:

1. Hypothesis. It reflects the specific case in which the established model is applied.
2. Disposition. It expresses the attitude towards the event.
3. Sanction. It is a state reaction to action.

Within this structure, definitional norms can also be present, explaining certain moments in each structural element.

Value of provisions

Definitive norms in the Constitution and other legislative acts form a new structure of public relations. At the same time such provisions constitute the bulk of legal documents. In the norms-definitions there is an idea "capacious and simple about complex". In other words, they explain the terms to certain subjects in an accessible language. Norms-definitions play an important role in the sphere of regulation, provide concretization of terms. In addition, they clearly express the will of state power, contribute to a qualitative impact on the development of relations in society.

Functions

The key tasks that the norms-definitions carry out are as follows:

1. Constituent.
2. Cognitive.
3. Informational.
4. Explanatory.
5. Regulatory.
6. Interpretational.

These provisions legally fix the terms, eliminating the possibility of their ambiguous interpretation.

Requirements

The norm-definition should give a clear explanation to a particular action / event. At the same time, it should be interconnected with other similar provisions of other legislative acts. The need for norm-definitions arises when the definition is not fully and clearly defined, and therefore there is a possibility of ambiguous understanding and interpretation. In addition, such provisions are used to explain complex legal categories, including technical ones, if they are applied by a wide range of subjects.

Classification

Differentiation of norm-definitions is carried out by different authors in different ways. However, the most important are classifications, which are based on an understanding of the laws of the relationship between one or another type of provisions, their mutual transformation. In the right there are 3 classes of norm-definitions:

1. Doctrinal. They determine the structure of the theory.
2. Practically applied. These norms-definitions are formed in the process of real activity. They are recorded in the acts of higher institutions and are mandatory for subordinate structures.
3. Legal. Such definitions are established by competent representative bodies in legislative and other acts.

The latter type of provisions is distinguished by a prescriptive character. By their role, place in regulation, significance for public relations, they differ significantly from the first two kinds. Meanwhile, there are no insurmountable differences between all classes of norms, since they all act as integral parts of a single legal system.

Additionally

Norms-definitions can differ in frequency of use. This depends on the number of cases in which they are used. So, there are common words. These include, in particular, such concepts as "worker", "legal entity", etc. There are also special terms. They are used in one or another professional sphere. For example, such a concept as "jurisprudence." Meanwhile, at present there are no obstacles for science as a whole, and for the subjects of relations to improve the classifications of explanatory provisions. The differentiation of norms ultimately should have a beneficial effect on the nature of relations, the mechanism for their regulation. While carrying out the classification, however, it is necessary to clearly represent the expediency of this process.

Assignment in Acts

As a rule, definitive norms are present in a separate section of the legislation. However, at present many of these provisions are contained in the main part. Modern legal acts are issued with sections of a general nature. They contain key concepts and explanations to them. Thus, the Law regulating the protection of consumer rights, contains in Ch. 1 explanations for such terms as "consumer", "seller", "manufacturer", "product safety" and so on.

Conclusion

Definitive norms, therefore, are one of the most important elements of the legal system. They are of great practical importance not only for authorized bodies and their employees, but also for citizens and organizations. Subjects, entering into one or another relationship, face the need to understand rather complex concepts. Some terms are simple, and can be understood without further explanation. However, many definitions cover different areas of activity, and therefore must be correctly interpreted. The effectiveness of the application of certain provisions of the law depends on the extent to which full, capacious and accessible explanations are given. Recently, statisticians have noted an increase in the interest of citizens in legal science. The population seeks to improve its legal literacy, not limited to the knowledge of certain common concepts. Such a trend should have a beneficial effect on the relationship between the subjects as a whole. Legally competent participants in interactions save time and effort in settling disputes, quickly come to a compromise, more clearly state their position.