Principles of law: the concept and types, functions and meaning

Important principles in the theory of the main legal science are the principles of law. The concept and types of this institution are represented by a vivid variety. A similar phenomenon exists because of the abundance of opinions of legal scientists who explain their point of view from different sides.

Definition, clarification and explanation

Principles in any industry, be it legal, technical or otherwise, call the basic ideas, guidelines, which are the basis for a unified activity. As a rule, this institution does not have clear boundaries, but each rule of law somehow reflects the main idea.

Laws and general norms express the principles of law. The concept, attributes, types - everything is reflected in the norm that fixes a certain idea. Often you can find guidelines that are not directly reflected in the law, but their meaning is understandable from other articles of the NAP. Created to regulate the norms and principles of criminal, financial, tax, and the principles of civil law. The concept, the types of this institution depend on the industry to which they belong. The core of any idea is the essence and direction of a particular legal system.

About characteristics

Like many institutes in jurisprudence, the principles of law are characterized by special features . The concept and types, functions and meaning are formed primarily based on the fundamental characteristics. So, to judge that before you are presented the leading positions, stands on the following grounds:

1. Are the requirements.
2. Express the essence of the industry. In the NAP you can meet those norms that in other directions will never appear. For example, criminal and tax law is distinguished by qualitatively different principles.
3. Regulate existing in real life relationships.
4. Stable and, as a rule, unchanged.
5. Construct the framework of the legal system.
6. Detailed and fragmented in the legislative norms.

Ways of presentation

The specific features are the principles of law. The concept, types, content depend on the way they are presented. In total there are 2 methods of presentation in jurisprudence:

• Textual, when the idea is fixed in a legal document and everyone can read it. Such articles are in most cases combined into definite chapters, which are called "Principles".
• The semantic method implies the clarification of a certain idea by analyzing the system of legal acts and articles. This method often faces such a problem as the fragmented interpretation.

About views

The underlying internal category is the classification, according to which, for certain reasons, all the principles of law are shared. The concept and types of each rule depend on the content of the article and the specific industry.

There are four large-scale divisions:

• General legal - generalized provisions that are characteristic of the Russian legal system as a whole;
• Interbranch - can occur in several legal systems, for example, in the tax and financial sectors;
• Branch, it is easy to guess that the guidelines are specific only for a system of norms of a certain direction;
• Principles of a law institute; Each branch includes in its structure certain institutions for which there are their guiding ideas.

The brightest ideas

As you know, the basis for the formation of all Russian legislation is constitutional law. In the Constitution, the main principles of law are reflected through the semantic and textual method of presentation. The concept, species, meaning, of course, are not disclosed, but it is due to their consolidation in the Main Law of the state, the jurists have formed a solid system of knowledge.

The principle of legality has some priority over other fundamental ideas, since it creates a single legal system of the state. Any legal branch first of all fixes the principle of legality, and only then forms branch provisions.

The principle of justice expresses the social orientation of each legal norm. This idea suggests that the right is created in order to satisfy the interests of society. So, there is a certain relationship between each person and the state. On the one hand, citizens are obliged to comply with laws, and on the other, legal norms are established in the interests of the whole society.

The priority of human rights reflects all the principles of law. The concept and types here are of less importance, since the norms in no case should violate both the natural and positive status of the citizen. Human rights are immutable. This guiding principle forms the core of the legal system of Russia.

Main activities

For the purposes set, the principles and functions of law, the concept and types, its institutions and sub-institutions are created. And their implementation depends on the main areas of activity, on the tasks assigned and the mechanism for their implementation. Together, all of the above forms the following functions of law :

1. Regulatory.
2. Dynamic.
3. The protective.
4. Estimated.

Slightly more about functions

The main activities in the aggregate allow achieving the tasks assigned to the principles of law. In order to effectively use them, it is important to clearly understand what each of the functions is for.

Regulatory ensures the stability of social relations. It allows to create a unified mechanism for the realization of citizens' rights and freedoms, to approve significant provisions, to provide for responsibility for committing an offense.

The dynamic function acts as a modulator of behavior. In order to comply with the rules of law, a person must behave in a certain way. As a rule, legal dynamics is realized by means of binding norms. Striking examples are mandatory articles on the need to pay taxes, military obligations or fulfill contractual obligations.

The protective function is aimed at ensuring social regulation of the legal system. So, through this line of activity, citizens comply with legal norms regardless of their internal conviction. The implementation of the function is possible only if the law is actually violated. Indirectly, it affects society through general prevention.

Positive or negative responsibility is embodied in real social relations due to the evaluation function, which results from compliance / violation of norms.

The importance of the principles

No system in society is created for nothing. All legal principles were devised in order to:

• Ensuring a stable and stable order of relations in society.
• Ensuring human freedom and eliminating fear of the authorities in all spheres of activity.
• Security, a sense of security.
• Formation of civil society.

The last category was reflected in the Russian Constitution in 1993. One of the goals of the state is the formation of a civil society, and the principles of law in many ways contribute to this goal by regulating certain groups of social relations.