Legal norms: examples. Features of legal norms

Most of the processes that occur in the relations of people at the level of civil society, in business, in politics, are regulated by legal norms. Their development is a procedure, the course and content of which depends on very many conditions - on the specifics of the historical and cultural development of the state, its political system. The international factor is also significant.

By which mechanisms can the creation of legal acts reflecting relevant norms occur in practice? What is fundamentally different laws of the constitutional level from the ordinary? What are the legal norms in terms of their classification? What is the significance of the separation of powers in the aspect of their development?

What is the legal norm?

Define the terminology. What is the concept of the rule of law? According to one of the most common interpretations, it means a rule that is binding for a group of actors by virtue of the law. That is, authorized by the authorities, as well as protected by him in the aspect of possible violations. It should be noted that modern Russian lawyers consider the terms "rule of law" and "legal norm" to be synonymous. Although the variations in the interpretations are also permissible. For example, a rule of law can be understood not as a rule established by the state, but a habitual, normal from the point of view of perception by society or some of its individual groups of behavior patterns, not necessarily codified in laws.

What are the distinguishing features of legal norms? First of all, it is worth noting the fact that they are characterized by a social orientation. The object of regulation is either the society as a whole or its individual groups, or at least the official categories. Personal orientation is not characteristic of legal norms, based on their content, of course, and not application.

The main principle, within the framework of which the legal norms of the Russian Federation and other states operate, is a generalization of the properties most representative of the current development of relations between regulatory entities. That is, this or that source of law is called to equally effectively implement the interests of a group of people or, as we have already said, the whole society.

The legal norm is aimed at regulating the activities of those objects that have similar characteristics, based, for example, on the profession, social category, age, etc. If it is a question of a society as a whole, here, as a rule, citizenship of people or territory on which they live is meant.

The problem of correlation between theory and practice

The main difficulty for the legislator, who publishes the legal norms, is the need to ensure compliance with the provisions contained in the sources, the realities of society. Or that part of it that is relevant to the essence of the law. In lawmaking systems of almost any country in the world there are imperfect legal norms. Examples of such occur in Russia. Also, among lawyers (both those related to practitioners and those engaged in scientific research in the field of law), a discussion is opened on the choice of the basic methodology for understanding law.

There are those who believe that the reading of legal norms should be carried out (if possible). That is, one should adhere to the meaning of the formulations present in the texts of laws in the generally accepted meaning. But there are lawyers who are closer to the interpretation of legal norms. They believe that one should not read what is written in the laws, literally. More precisely, it can be done, but only if there is no substantial reason to doubt the relevance of the situation stated in legal acts.

Law and morality

Regarding the second aspect: when the interpretation of legal norms is under way, a significant role, as many lawyers believe, is played by such a category as morality. The person responsible for the application of certain rules laid down in the laws is guided by that personal perception of the current state of affairs in the sphere subject to regulation. Therefore, it interprets the provisions of the law, proceeding, first of all, from personal convictions, and not because of their semantic content.

There are spheres in which morality may not be a very relevant component of the practical application of laws. For example, the financial and legal norms governing the activities of banks should be as less as possible subject to interpretation. Their specificity implies strict reading, working with numbers.

Types of legal norms

Lawyers subdivide legal norms into three main types - binding, prohibiting, and authorizing. The boundary between them can be quite arbitrary. For example, some financial and legal norms, if we continue talking about them, may, in some provisions, authorize the Central Bank to check commercial credit and financial structures, on the other - to oblige the Central Bank to do this in the presence of an appropriate occasion. In many cases, the structures of normative and legal acts presuppose a sequence of conditions under which the authorizing provisions can be applied as a matter of priority, and only with a certain set of conditions - binding. The opposite situation is also possible.

There are other grounds for classifying legal norms. They, by the way, can successfully complement those that we just named. We are talking about the division of legal norms into dispositive, optional and imperative. Those that relate to the first, allow some kind of freedom of the subject, responsible for the application of legal provisions. He can ask himself the question: should one implement a norm or is it permissible not to use this opportunity? The optional norms presuppose an alternative scenario, but not a refusal to apply the provision. Imperative, in turn, does not imply any other options than those prescribed in the law. How do both classifications correlate? Everything is very simple. As a rule, binding and prohibiting norms are imperative or optional. The empowered persons are most often dispositive.

The rule of law is taken by society

In democratic regimes, there is an order in which the signs of a legal norm include such a parameter as the social nature of the origin. This means that the adoption of a law by a direct or indirect way is initiated by society. It agrees that its activities will regulate legal norms. Examples, when the society participates in their establishment itself, is a referendum, a people's gathering. If it is an indirect mode of participation of society in the development of relevant norms, then it is more often the delegation of legislative powers through parliament.

Systematic legal norms

The aggregate of legal norms adopted at the level of state institutions with the participation of society forms an appropriate system. It can include sources that control processes at the level of various social groups, in some cases completely unrelated. However, the norms of legal acts, standards and procedures for the adoption of laws, the criteria for their effectiveness in this case will have a systemic nature. The latter is common for sources of regulation with a different sectoral or social orientation.

Legal norms and the state

How does the state participate in the construction and support of the functioning of the system of legal norms, not including the provision of mechanisms for their adoption? You can answer this question by looking at the principle of separation of powers. Only one of the three branches deals with the development of legal norms: legislative. But there is also an executive, as well as a judicial one. Accordingly, the role of the state is not only in the publication of legal norms, but also in ensuring their enforcement, as well as the resolution in court of possible disputes over the interpretation of certain regulatory provisions.

One of the key mechanisms within which all branches of power (and especially those that provide the function of executive power) interact, is the right of coercion. The state obliges to comply with the laws of all those for which they are relevant. In countries with a developed legal system, it is not permitted to substitute the law with other rules that originate outside the institutions of power (except when the law itself permits it). Examples can be found even in Russian practice. In particular, the Civil Code of the Russian Federation contains a rule that the signing of civil contracts in established forms and standards can be replaced by business custom, the essence of which is nowhere clearly spelled out - it is based on national traditions of a particular region of Russia. But in general, civil law is the primary source of standards of conduct for society or its constituent groups.

In some states, the primary role in the legal management of social processes is played not by the executive and legislative authorities, but by the judiciary. With what it can be connected? First of all, with the specifics of the legal system operating in a specific state, the essence of which, in turn, is determined most often by the cultural and historical peculiarities of the country's development. What are these systems? Consider them.

Romance and Anglo-Saxon Law

Laws in different countries can work within the framework of dissimilar systems. However, in the modern world, each of the national sets of standards that determine the nature and operation of legal norms, one way or another reflects one of the global systemic concepts of lawmaking. If we talk about developed countries, then they are popular with two corresponding systems - Romano-Germanic and Anglo-Saxon. What are the characteristics of each of them?

Within the framework of the Romano-Germanic system, codified sources are based on the functioning of national legal systems. That is, laws that should, in a sufficient, and ideally - in an exhaustive form, prescribe to certain regulatory objects to behave in the framework of certain rules. This may be general civil law standards, fixed in a separate code. Or, for example, provisions regulating relations in specific sectors of the economy. Also, any criminal law norm is codified in the Romano-Germanic system.

The mechanism, within which laws are adopted here, implies the dominant role of parliamentary and executive institutions of power. Legal acts are issued only upon the fact of passing through a cycle of discussions and approvals determined by other laws.

What are the features of the Anglo-Saxon model? The fact that the main source of law in it is a judicial precedent. The point is that the law, as we said above, is adopted either by the society itself through a referendum and similar mechanisms, or by delegating the powers of the parliament to the parliamentary structures. But the judicial precedent has completely different conditions for entry into force. The whole legislative process is reduced to conducting a court hearing. As soon as a relevant resolution is passed, it becomes a source containing full-fledged, enforceable legal norms. Examples of countries where the Anglo-Saxon model operates are the USA, England, Canada.

In the judicial precedent is indicated, as well as in the law, the object of regulation. As a rule, this is a social group that has similar characteristics to persons appearing in the litigation - the plaintiff, the defendant or the accused. Let's consider an example.

A certain person walked along the street in the evening and accidentally fell into the territory of the municipal school of Jacksonville. The guard called the police, and the citizen was arrested on suspicion of intent to cause the school some damage. A court was held in which the relevant intent was not proven, but the person was found guilty of violating existing norms prohibiting encroachment on municipal property. As a result, a precedent of the following character emerged: in Jacksonville it is inadmissible to enter the territory of municipal schools in the evening. There is a mandatory criminal law norm. Now the inhabitants of this American city are forced to be especially attentive during the evening walks in the area of the relevant educational institutions. Of course, there are judicial precedents in the Romano-German legal system. However, they do not have the force of law, and therefore can not be used outside the courts. They are not generally binding, as in those countries where Anglo-Saxon legal traditions are strong.

Many lawyers note that the boundaries between the two systems of law in question tend to be gradually erased. In the United States, for example, ever more important are the laws - those that are passed by the parliaments of the states, or, if we speak about the federal level, by the Congress. In many European countries, judicial precedents, despite being of secondary importance when compared with laws, are beginning to play an increasingly important role in resolving disputes in the aspect of law enforcement practice, and often act as official statutory acts.

Legal norms and international relations

Within which systems do international legal norms operate, provided that at the national level, models of lawmaking that are completely different in key principles can work? Actually, the main emphasis here is on the unification of procedures. One of the key principles of international law is the imperative of norms, which adequately reflect the development of the entire world community as a whole or individual regions of the world, between which relations are built in various spheres.

Another feature of international acts is the integrity of the law enforcement mechanism. It successfully complements the imperative in question. Compulsory for several countries at once can only be those acts whose execution logic is the same for all cases, that is, complex.

One of the main documents regulating international law is the Vienna Convention of 1969. In it, in particular, it is said that relations between countries should be built on the principle of paramount importance of the legal norms established at the global level. National legislation must either comply with the provisions of the international law in those areas where it functions, or imply the priority of the latter in the course of law enforcement practice. If the state, building a legislative policy, does not observe this principle, it can be excluded from the appropriate environment of interaction of countries in the legal field.

Another important document is the Declaration on the Principles of International Law, adopted in 1970. It, in particular, is a vivid example of a normative act, in which there is a integrity of principles. The Declaration says that the participants of international relations should interact, if it is a matter of developing normative provisions, within the framework of common generally accepted approaches. The document contains principles that States should be guided by. Consider them.

1. The principle of abstention from the use of force of one state against another.

The territorial integrity of the countries of the world, as well as their political sovereignty, must be guaranteed by international law. Possible intervention in their affairs by military means should be agreed upon at the UN level.

2. Settlement of disputes in ways that do not harm the world community.

Military action as a method of resolving disputes should not be an end in itself. The states undertake to resolve the conflicts peacefully as a matter of priority.

3. The principle of refusal to intervene of certain states in the affairs of others, capable of solving problems within their own competence.

If a country is able to cope with difficulties alone, then international law assumes that others will not impose their help on it.

4. States should show a craving for mutual cooperation.

This principle implies adherence to the relevant provisions of the UN Charter.

5. Nations have the right to self-determination, as well as to an equal position.

This formulation by many lawyers is understood as granting ethnic groups a resource for the formation of new independent states.

6. Sovereign countries build relationships with others on the principles of equality.

It is assumed that one state can not have an unconditional priority in resolving some disputable issues. This can only be established by an international court.

7. States must fulfill their obligations, taken in the framework of interaction with others under UN standards, in good faith.

An important nuance: all of the above principles should be viewed in a single context. Therefore, a state that conducts international activities in accordance with the UN Charter and other sources of law adopted by this organization can not choose which principles to follow and which not.

Constitutional and legal aspect

Let's consider how the process of forming sources of law at a higher, constitutional level is organized by the example of the mechanisms working in Russia. What are the features of lawmaking and the implementation of laws that are at the top level in the hierarchy of normative acts of the Russian Federation?

Let's note, first of all, that constitutional-legal norms on the key signs are essentially similar to any others (those that regulate separate branches or social groups). That is, whatever the concrete classification of constitutional and legal norms, all of them will have such features as universality, formality, and also abstractness. At the same time, the fulfillment of the rules established in them is guaranteed by the state.

In turn, constitutional-legal norms are also characterized by a whole range of distinctive features. These include:

- specificity of formulations;

- the top position in the hierarchy of sources of law;

- a greater number of general regulatory rules and principles;

- the constitutive nature of the norms (they are expected to be disclosed in additional laws);

- Specificity of law enforcement practice;

- the nature of the objects of regulation;

- Insignificant role of the sanctioning part in the structure of the text.

The classification of constitutional and legal norms adopted in Russia provides for a wide variety of relevant normative acts. However, with respect to each of them, we can apply any of the above points.