The legal disposition - is part of the legal norm, which reveals the essence of the rules of conduct, and it specifies clarifies how can and should do a subject in a particular situation.Thus, the disposition of, on the one hand, regulates the rights and duties of persons entering into any relationship, on the other - represents the very rule and norms of behavior, it is the aim of the norm.
disposition rule of law can be formulated in different ways, depending on the contents and destination of the normative act.In legal science includes such methods as:
- simple disposition - a reference to a rule of conduct;
- descriptive disposition - are indicated essential features of behavior, rules, regulations;
- reference addresses the disposition is not subject to her and to the other provisions of law;
- banquet disposition refers subject to the relevant regulations of the situation.
disposition rule of law there is a civil, labor, family, land rights and codes.They are available set out and regulate the rights and obligations of legal relations between the parties.For example, if there are two sides have concluded a pledge agreement, the disposition points out that if the debtor or the person to whom the debtor is indicated, the term does not return the debt, the creditor is entitled to retain in his pledge as long as the debt is not given;if the specified waiting period expires, the lender has the right to leave a deposit at.Duties of the debtor, according to the dispositions, are to the performance of their obligations to the lender.
Types dispositions
- Dispositions simple and complex.Simple disposition - a rule that prescribes a certain type of behavior (parents are required to financially support and educate their children to their majority).The complex offers several options for behavior in the same situation.In turn, subdivided into cumulative complex alternative dispositions.
- Depending on the degree of certainty are completely certain dispositions (dispositions are simple), with respect to certain (complex), uncertain, hard-alternative.
- Depending on the method of presentation, the dispositions of external design are also divided into simple and contain behaviors, but did not reveal them, and descriptive.Descriptive disposition - a detailed description of the important features of lawful or unlawful behavior.
structure of legal norm
As part of the legal norms, the disposition is closely connected with the hypothesis and the sanction.Under the hypothesis refers to conditions under which the rules are applied and enforced.So, in the Criminal Code in its general part indicates the age at which a person begins to be held criminally responsible.
sanctions legal science is the punishment, its size and type.Each sanction has its own dispositions.Each entry of a code contains one or more sanction.Through them, the law evaluates the extent and severity of the offenses committed.That sanction is the main criterion by which grouped and categorized crimes and offenses.
Like dispositions sanctions also divided into absolutely certain, with respect to certain alternative.It depends on the degree of certainty of legal rules.There are cumulative sanctions allow the simultaneous use of primary and secondary measures of exposure.As a reaction to the state on the facts and phenomena of offenses of legal norms, sanctions and the order addressed to the bodies of justice, as well as citizens and legal entities.
Because it is important to not only the representatives of law and order, but also ordinary citizens to know the legal norms and acts, to understand them in order to avoid unintentional violations and are not committed intentionally.
