structure of the rule of law is a form of domestic content.One or more position regulating function is capable of performing in the event that has the ability to respond to the real-life conditions for forming, consider public properties of these conditions.In addition, the state must provide for enforcement of regulations.
structure of the rule of law is a model (Model Scheme).It linked all elements of its components.The main feature, which is characterized by the structure of the legal rules from other systems - the construction of an appropriate legal, intellectual and volitional content of state power.Practice shows that the development of the regulations is expressed in the isolation of the provisions that regulate legal sanctions.
structure of the rule of law is a logical construct.Designed to provide this construction regulation of the relationship between citizens.In other words, it is a specific model, the probability of behavior and it is formed in the process of development of the society.The structure of the rule of law reflects the desire of the people to form a long-term means of development and knowledge of legal reality.
traditionally established that the provisions in question include three components: a sanction and disposition hypothesis.
disposition reflects the content and substance of the rules of conduct.She points to the duties and rights that are protected by the state.
hypothesis suggests specific circumstances of life in which one or another rule comes into effect.
on incentive or punitive penalty points.Thus, recorded negative or positive effects that occur in compliance or, on the contrary, violation of the rules set out in the disposition.
In some cases, the article of the law formulates rules.The remaining parts can be reflected in the articles or other acts.In this case it is necessary to distinguish the concept of articles of the law on prescription.This division is very evident definitions.This is due to the fact that an article may contain several provisions.For example, the structure of criminal law can contain sanction acts serving other legal branches.
With this design regulations is objectified result of the expression of a particular social relations.Public relations, which is subject to registration, imposes an objective requirement of the logical structure according to the norms of its internal structure, which in turn determines the number of elements and the nature of the relationship between them.Determining the impact of the design has the form, type, kind, and the public relations.It should take into account the complexity of some of the existing logical connections that are formed between the actors in the framework of relations, quantitative characteristics of objects and subjects, the frequency and extent of relationships in society, as well as the probable level of generalization.
With certain conditionality can say that in every legal norm is present as logical components, as required by one or the other social interaction.Thus, in the structure of property relations, in addition to the above three elements, there is a degree of encouragement, an indication of each participating entity.For the majority of criminal relations characterized by a two-term design requirements.And, for example, for political, mass ratios, which require constitutional design often enough statement of the right of their presence.
