9
The essence of legal norm as the most profound, basic property
coincides with the essence of law as a whole, but the essence of legal norm
is not so obvious as the essence of law, since its essential manifestations
are limited to a certain type of social relations, the direct content of legal
norm is expressed in the information contained therein.
Signs of legal norm include: universality; general effect; formal
clarity; determination or authorization by competent state authorities;
ability to regulate social relations through the legal information contained
therein, the specific structure and, very importantly, state guarantee;
the provision of the coercive force of the state and the consciousness of
members of society; repetitiveness of operation.
The social purpose of legal rules and, consequently, their value
are determined by their regulatory role: they are to consolidate relations
that are necessary and desirable for the society and the state, they give
these relations stability and contribute to their development, protecting
them from violations and affecting undesirable for the society and
the government relations in order to limit, oust, and eliminate these
violations.
The structure of the legal norm is understood as the internal
structure of the norm, its constituent parts (structural elements), their
mutual disposition and relationship.
Legal rules, as well as any social norm, are constructed on the model
of conditional assumption: “if..., that..., otherwise...”.
It is necessary to learn to distinguish such structural elements of
legal norm as hypothesis, disposition and sanction in the rules of different
branches of law: administrative, civil, criminal, criminal procedural, and
others.
Legal rules go hand-in-hand, providing a total positive result, some
rules (regulatory) govern the positive actions of people, others (guarding)
protects against offenses. In each legal norm, directly or referentially,
but necessarily there are three elements—hypothesis, disposition and
sanction. The absence of sanction in regulatory norms does not mean
that they are not enforced by the state and its coercive power. The will
of the state is in all cases implemented through the rules containing
sanctions—the protective rules.
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