Legal disclaimer: the examples. Features of legal rules

Most of the processes occurring in human relations at the level of civil society, in business, in politics, in law. Their development procedure and the content of which depends on many conditions - from issues of historical and cultural development of the state and its political system. Also significant international factor.

Through what mechanisms the creation of legal acts reflecting the relevant rules, can occur in practice? Fundamentally different than the laws the constitutional level? What are the legal rules from the point of view of their classification? What is the significance in the aspect of their development is the principle of separation of powers?

What is the legal standard?

Define some terminology. What is the concept of law? According to one common interpretation, it means a rule, are obligatory for execution by subjects of the law into force. That is sanctioned by the authorities, and guarded them well in the aspect of possible violations. Note that the terms "rule of law" and "legal norm" of modern Russian jurists considered synonyms. Although the permissible and variation in interpretation. For example, under the rule of law can be understood not rule of government, and the usual, normal, in terms of the perceptions of society or some of its individual group behavior pattern, not necessarily codified in law.

What are the distinctive features of the legal norms? First of all, it is worth noting the fact that they are characterized by social orientation. The object of the regulation is either society as a whole, or its separate group, or at least positions. Personal orientation is not characteristic of the legal norms according to their content, of course, but not applications.

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The Basic principle in which legal norms of the Russian Federation and other States are a generalization of the properties of maximally representative reflecting the current development of relations between the objects of regulation. That is a particular source of law is intended equally effectively realize the interests of a group of people or, as we have said, the whole society.

The law is aimed at regulating the activities of those objects which have similar characteristics, based on, for example, profession, social category, age etc. If we are talking about society as a whole, here, generally refers to the nationality or the territory in which they reside.

The problem of the relation of theory and practice

The Main difficulty for the legislator, published by the legal norms - the need to ensure compliance with the provisions contained in the sources, the realities of society. Or that part of it which is relevant to the meaning of the law. In the legislative systems of almost any country in the world has a perfect law. Examples of such are found in Russia. Also among lawyers (like those that apply to practitioners and those engaged in scientific research in the field of law) opened the discussion on the subject of selecting the main methodology of understanding law.

There are those who believe that should be (if possible) reading of the law. That is, you should stick to the meaning of the language present in the texts of laws, 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 law, literally. More precisely, it can be done, but only if there is no significant reason to doubt the relevance set out in legal acts to the real situation.

Law and morality

Regarding the second aspect: when is the interpretation of the legal provisions, a significant role, as suggested by many lawyers, plays such a category as morality. The person responsible for the application of different rules set forth in the laws, is guided thereby, the personal perception of the current situation in the field covered by the regulation. And therefore interprets the provisions of the law on the basis, primarily, of personal convictions, not because of their semantic content.

There are spheres in which morality may not be very relevant component of the practical application of the law. For example, financial legal norms regulating the activities of banks should be less prone to interpretation. Their specificity implies a strict read, work with numbers.

Types of legal norms

Lawyers divide legal rules into three main types - obligating, prohibiting and enabling. The boundary between them may be rather arbitrary. For example, some financial-legal norms, if to continue conversation about them, can in some provisions to give the Central Bank the power to verify the commercial credit and financial structure, with another - to oblige the Central Bank to do this with the appropriate reason. In many cases, the structure of legal acts assume a certain sequence of conditions under which priority can be applied enabling provisions, and only when a certain set of conditions is binding. There's also the reverse situation.

There are other grounds forclassification of legal norms. They, by the way, can successfully complement the ones we just mentioned. We are talking about the division of legal norms on discretionary, optional and mandatory. Those that belong to the first, I admit a certain freedom of the subject responsible for implementing legal provisions. He can ask himself the question: whether to implement some kind of rule or is not permissible to use this feature? The optional rules suggest an alternative scenario, but not the non-use position. Imperative, in turn, imply other options except for those specified in the law. How both classifications correlate with each other? It's very simple. As a rule, binding and prohibiting standards mandatory or optional. Enabling is most often discretionary.

The rule of law takes society

In democratic regimes there is an order in which the features of legal norms include such parameter as the social nature of origin. This means that the adoption of a law to the direct or indirect method initiated by the company. It agrees that its activities will govern the legal norms. Examples of when the society participates in establishing itself, the referendum, the people's Assembly. If we are talking about the indirect method of participation in the formulation of the relevant rules, it is usually a delegation of legislative authority through Parliament.

Consistency of legal norms

The Set of legal rules adopted at the level of state institutions with the participation of society, constitutes an appropriate system. It may include sources, control processes at the level of the different social groups, in some cases, completely unrelated. However, the provisions of the legal acts, standards and procedures of adopting laws, the criteria of their effectiveness in this case will be the nature of the system. The latter is common to the sources of regulation in different sectoral or social orientation.

Law and government

How the state is involved in the construction and support of functioning of system of legal norms, not counting the mechanisms of their adoption? To answer this question by looking at the principle of separation of powers. The development of the law deals with only one of the three branches - legislative. But there are Executive and judicial. Accordingly, the role of the state - not only in the publication of legal norms, but also in ensuring their performance, and the resolution in court of any possible disputes over the interpretation of certain regulations.

One of the key mechanisms in which interaction of all branches of government (and in particular those that provide the function of the Executive) the right of coercion. The government commits to fulfill the requirements of the laws of all those for whom they are relevant. In countries with a Mature legal system is not allowed to substitute the law and other regulations originating outside the institutions of government (except when it permitted themselves a legal norm). Examples can be found even in the Russian practice. In particular, the civil code contains a provision according to which the signing of civil-legal contracts according to the established forms and standards can be replaced by a business custom, the nature of which is not clearly spelled out anywhere - it is based on national traditions of a particular region of Russia. But in the General case, civil laws are the primary source of standards of conduct for companies or individual constituent groups.

In some States a dominant role in the legal management of public processes plays the Executive and the legislature and the judiciary. What can be the reason? First of all, with the specifics of the legal system operating in a particular state, the essence of which, in turn, often determined by cultural and historical peculiarities of country's development. What is this system? Look at them.

Roman and Anglo-Saxon law

The Laws in different countries can work within different systems. However, in the modern world, each of the national sets of standards that define the essence and the effect of legal rules or otherwise reflects one of the global systemic concepts of lawmaking. If we talk about developed countries, in which popular two relevant systems Romano-Germanic and Anglo-Saxon. What are the characteristics of each of them?

Within the Roman-Germanic system in the basis of functioning national legal systems are codified sources. That is, the laws that should be sufficient, and ideally in a comprehensive manner to prescribe certain controlled systems behave under certain rules. It can be common civil law norms contained in a separate code. Or, for example, provisions regulating specific sectors of the economy. Codified in the Roman-Germanic system and also any criminal provisions.

A Mechanism under which laws are passed here, implies a dominant role of parliamentary and Executive institutions. Legal actsare issued only upon passing a certain other laws of the cycle of discussions and approvals.

What are the characteristics of the Anglo-Saxon model? That the main source of law it is a judicial precedent. The fact that the law, as we have said above, be accepted either by the society through a referendum and related mechanisms, or through delegation by the society of their authority to parliamentary institutions. But judicial precedent has completely different conditions for the entry into force. The entire legislative process is to carry out a trial. Once submitted the relevant resolution, it becomes a source containing the full due legal norms. Examples of countries where the Anglo-Saxon model, the United States, England, Canada.

In a judicial precedent indicate, as well as to the law, object of regulation. As a rule, a social group, with similar signs appearing in the trial parties plaintiff, defendant or accused. Consider the following example.

A man was walking down the street and accidentally got on the territory of the municipal school of the city of Jacksonville. The security guard called the police, and the citizen was arrested on suspicion of intent to cause the school any harm. The trial took place, in which the intent was not proven, however, the person found guilty of violating existing regulations prohibiting the encroachment on municipal property. The result was a precedent to the next character - in Jacksonville unacceptable to enter the territory of a municipal school in the evening. Appears binding the criminal and legal norm. Now the residents of this American city have to be especially careful during evening strolls in the area of appropriate educational institutions. Of course, judicial precedents have in Romano-Germanic system of law. However, they do not have the force of law, and therefore can not be used outside of the courts. They are not compulsory as in those countries where a strong Anglo-Saxon legal tradition.

Many lawyers say: the boundaries between the two systems of law in question have a tendency to have gradually diminished. In the US, for example, are becoming more important as time laws - those that are accepted by the parliaments of the States, or, if we talk about the Federal level, by Congress. In many European countries, judicial precedents, in spite of its secondary importance when compared with the laws, begin to play an increasingly important role in solving disputed issues in the aspect of enforcement, and de facto often serve as official regulations.

Law and international relations

Within the framework of what systems are functioning international legal norms, provided that, at the national level can work quite similar on the key principles of the model legislation? In fact, the main focus here is on harmonization of procedures. One of the key principles of international law - imperative norms in equal measure adequately reflects the course of development of the world community as a whole or certain regions of the planet, between which are arranged the relations in various fields.

Another feature of international acts - the integrity of the enforcement mechanism. It complements the imperative in question. Obligatory in several countries can only be those acts the performance of which logic is the same for all cases, that is complex.

One of the main instruments governing international law, the Vienna Convention of 1969. In it, in particular, said that relations between the two countries should build on the principle of priority of legal norms established at the global level. National legislation should either conform to the provisions in the international areas where it operates, or to imply the second priority during practice. If the state building of legislative policy, this principle is not respected, it can be excluded from the relevant environment of interaction in the legal field.

Another important document - the Declaration on principles of international law adopted in 1970. He, in particular, is a Prime example of a normative act which has integrity and principles. The Declaration States that the participants in international relations must interact if we are talking about the development of regulations within the common conventional approaches. The document contains principles which States should focus. Look at them.

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

The Territorial integrity of the countries of the world, as well as their political sovereignty should be guaranteed by international law. Possible interference in their Affairs by military means should be coordinated at the UN level.

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

Military action as a method of dispute resolution should not be an end in itself. States undertake to give priority to peaceful resolution of conflicts.

3. The principle of non-interference of some States in the Affairs of others, able to solve problems within own competence.

If a country is able to cope with the difficulties alone, international lawassumes that others would not impose their assistance.

4. The state must exhibit to mutual cooperation.

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

5. Peoples have the right to self-determination and on equal footing.

This language is understood by many lawyers as the empowerment of ethnic groups resource for the formation of new independent States.

6. A sovereign country build relationships with others on the principles of equity.

It is Assumed that one state cannot have unconditional priority in solving some controversial issues. Such can only be installed by an international court.

7. States must fulfil their commitments made in the framework of cooperation with other UN standards in good faith.

Important caveat: all of the above principles should be considered in the same context. And because the state that leads the international activities in accordance with the UN Charter and other sources of law adopted in this organization cannot choose what principles to follow and which not.

Constitutional-legal aspect

Look at how organized the process of formation of sources of law at the highest constitutional level, for example, the mechanisms operating in Russia. What are the features of lawmaking and law enforcement at the highest level in the hierarchy of normative acts of the Russian Federation?

Note, first, that constitutional and legal norms by their key characteristics fundamentally similar to any other (those that regulate specific industries or social groups). That is, regardless of what specific classification of constitutional-legal norms, all of them will have such features as universal validity, formality and abstractness. The fulfillment of the established rules in them is guaranteed by the state.

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

- the specifics of the language;

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

- more obseravation rules and principles;

- the constitutive nature of norms (assuming their disclosure in the supplementary laws);

- the specifics of law enforcement practices;

- the nature of objects of regulation;

- minor role in the sanctions part of the structure of the text.

Classification of constitutional-legal norms adopted in Russia involves a large diversity of the relevant regulations. However, in respect of each of them is applicable any of the foregoing.