The norms of definition give definitions one way or anothercategories used in the legislation. For example, the Criminal Code provides explanations for such concepts as guilt, alibi, murder, the Civil Code describes what obligations, contractual relations, etc. As a rule, the norms of the definition are located in separate parts of the legislation. However, they can be found in the main sections. Let us consider in detail the norms of the definition. The article will also present a classification of these provisions on different grounds.
The legal norm is regarded as a definiterule of conduct. It is considered mandatory for all persons. Failure to comply with the rule entails responsibility. In Latin, the norm means "exact prescription", "sample". After publication (promulgation), it is endowed with a state-imperious nature. The circle of persons on whom its effect extends is not defined. It includes all citizens, organizations, state bodies. Based on the state, the norm is protected by him.
It is expressed in the spread of the action onan undefined number of subjects. The norm acts as a model of behavior. It does not have a specific addressee, it is not directed at a certain person. In this way it differs, for example, from a judicial decision. The norm is aimed at those entities that enter or can enter or already participate in the relations regulated by it. The general character allows to regulate not every specific case, but to cover all situations, facts, interactions.
All norms, definitions including, arereusable. Their main goal is to regulate a certain sphere of social relations. Norms are equally binding on all. For example, the Labor Code contains provisions that regulate the interaction of all persons participating in the working relationship. The norms determine the uniform character and boundaries of the activities of the subjects that are part of its regulation. All positions are considered abstract. This means that the norms do not concern the interests of a particular subject or a limited number of persons. Of no less importance is the representative-binding character. Norms grant one person the right to act in a certain way and at the same time orders others to do the same or abstain from them.
The composition of the norms is divided into three elements:
- Hypothesis (assumption).
- Disposition. It expresses the attitude towards a specific event.
- Sanction. It is a reaction of the state to an action that goes beyond the bounds of an obligatory model of behavior.
The division of norms into categories can be carried out depending on the nature of the influence on relations in society. According to this criterion, the following provisions are singled out:
- Dispositive (authorizing).
Depending on the degree of exposure, the following norms are distinguished:
- Imperative. Their action is mandatory for all without any exceptions.
- Dispositive. They provide the right to choose.
Classification can also be carried out by the nature of participation in the regulation of social interactions. On this basis, the following norms are singled out:
- The ascertaining. They directly point to a fact.
- Regulatory. These provisions regulate the rules of conduct in one or the other situation.
- Law enforcement. These provisions are adopted with a view to retaining the subjects within the established rules.
Definitions - the rule of law, with a determining character.
The norms of definition have all the properties,described above. They are abstract and affect an undefined number of subjects. The key task of these provisions is to clarify the concepts used in legislative acts. The most common are the definitions in the Constitution of the Russian Federation. The Basic Law contains fundamental concepts and their definitions. The definition of the Russian Federation, cited in Art. 1 of Chapter 1, appears as a statutory norm. Definitions in the Constitution form the legal basis for all other legislative acts.
The norms of definition and the norms of prescription give the formulation of events and categories in 3 main spheres of social activity:
- General citizenship.
- Related to the protection of intellectual property.
The fundamentals of the state structure, creation andthe functioning of institutions of power, public and political associations, the exercise of territorial self-government, the implementation of the duties and rights of citizens and their groups establish the principles of the principles. The norms of the definition explain these key principles to all participants in the relationship. They form a system of social interactions. Simply put, definitions clearly and simply interpret complex concepts.
In the sphere of regulation, a special place is occupied bynormative and legal definitions and specialized operational standards. The latter are aimed at the formation of certain patterns of behavior. However, they set the rules taking into account the specific features of a particular field of activity. Normative-legal definitions and specialized norms contribute to a greater concretization of the conceptual apparatus. This, in turn, provides a more qualitative impact on the development of interactions in society. The main functions that the norms fulfill include:
By securing the legal securing of a category, they eliminate the possibility of different interpretations.
Types of explanatory provisions
Classification of definitions is carried out by variousways. The most common method performs separation of differentiation that is based on an understanding of the relationship between the different concepts, mutual conversion of each other. In science, three groups of norms of definitions are defined:
- Doctrinal. They determine the structure of any theory.
- Practically applied. They are the definitions that formed in the course of social activity, were legalized by acts of higher authorities and became mandatory for all subjects.
- Legal. They are established by competent representative (legislative) institutions. Such norms are prescriptive. In their place, significance, role in the regulation of social interactions, they differ from the first and second. However, along with this, there is no insuperable difference between the three groups, since they all act as integral elements of the Russian legal system.
Depending on the cases in which it becomes necessary to use definitions, they are divided into:
- Commonly used. They include, in particular, such concepts as "worker", "employer", "contract", etc.
- Special. These terms can be called professional. To them, in particular, it is possible to carry such concept, as "jurisprudence".
Norms of the definition: examples
As was said above, the definitions are present inmost legislative acts. The Criminal Code explains the concept of murder. They are recognized as deliberately causing death to another citizen. In the Criminal Code there are explanations of other concepts. For example, it explains that such a crime as a whole. They call a dangerous act for society, involving the application to the guilty criminal punishment. In Art. 1 гл.1 of the Constitution the concept of the Russian Federation is explained is a democratic legal federal state with the republican form of management.
Analyzing the above, we can concludefollowing. The norms of the definition are those in which the basic concepts used in legislative acts are explained, for which a double interpretation is unacceptable. This means that their key task is the precise and precise definition of a particular category or event. Any ambiguous interpretation of concepts can lead to violations when applying laws in practice. This, in turn, may entail the infringement of the interests of citizens, legal entities, the state, state bodies and other entities participating in certain relations. Norms of definition should be clear not only to the legislator or institutions of power, but also to the population. In this regard, the wording of definitions should contain as simple as possible simple words, the meaning of which need not be explained additionally. Together with this definition should give the most complete definition of a category. There can not be any gaps or inaccuracies in the explanation.
It can not be said that the norms of definition arethe most important in the system. However, their importance and role is difficult to overestimate. Definitions are developed for greater clarity and transparency of legislation. Experts recommend that before reading any act, examine the introductory (general) part. In it, as a rule, there are all terms used in the law, as well as definitions to them. Often the acts contain references to the norms of definitions. This is done so as not to overload the text with terms and definitions. In some cases, this action is justified, because there are laws in which a lot of information and the inclusion of additional information in them is inexpedient. Some experts believe that citizens need to know the basic norms of the definition that exist in the domestic legal system. In practice, this can really come in handy, especially in cases when it is necessary to apply to judicial instances or authorities. A legally literate person has more chances to defend his case. At the same time, he can protect his interests independently, without resorting to the help of lawyers. But sometimes one knowledge of definitions is not enough. In a number of cases, it is necessary to understand the intricacies of legislation, to be guided by articles and their changes, to understand the concrete operation of certain provisions. In such situations, of course, without the help of a lawyer can not do.</ p>