different kinds of shapes right.They are used for communicating with a variety of social processes.What is the right shape?In fact - it is the outward manifestation, ways of its manifestation.For example, we can say that the form of property rights expressed in the implementation of civil law.The shape makes the orderly norm, and endows it with state-imperious character.
There are external and internal form.Interior - is the structure and system of law.It is understood as a set of rules and institutions that shape the industry.In some cases, more isolated and sub-sectors.The division in some cases it is specific.
external forms of law - a collection of various legal sources, formalizes all sorts of legal phenomena, making it possible to understand the nature of these phenomena, to help study them.
external form of law - it is the custom, precedent normative treaties, PPA.The differences between material.
Legal custom exists and is used since ancient times.That it existed even before the law.In each state a legal custom attitude, but still worth noting that it is an integral part of our lives.Its standards are often not sanctioned by the state, but the majority of the members of a society still considers their observance of duty.
Under the legal precedent is meant a solution which rendered competent authority on a particular subject.It can be used as a source of law in the solution of a similar case.
In our judicial system, legal customs almost never used (except in constitutional proceedings), but the decisions of the higher courts may be used in the process of resolution of certain legal disputes.
Except as judicial precedent can be also administrative.
Treaty, having regulatory and legal content, is the purpose of the legal agreement.It can be used in any branch of the domestic law.It has the following properties:
- the nature of the conclusion - a voluntary;
- it must necessarily contain a legal rule of a general nature;
- his party general legal interest;
- it is compensatory in nature and equivalent;
- it presupposes the consent of the parties on all counts;
- the part based on its become mutually accountable to each other;
- legal support is expected.
legal act referred to a document issued in a particular order (only law-making by the competent authority).It contains specific rules of law.Today, PPA - is the most perfect form of law.
Its essential features:
- comes from the state (the receiving unit acting on its interests);
- it meant that it will make a state;
- strictly defined form - written.When creating can be used only specific symbols, terms, and so on;
- NPA consists of typical regulatory requirements.These regulations have a certain validity.Due to them provides a single procedure for the adjustment of public relations;
- the procedure for making resolved;
- ensured implementation of the state measures.legal influence.
As mentioned above, the external form of law - this is its source.In general, they today are the following:
- ideal;
- material;
- legal.
should be pointed out that the legal sources of law can also be subjective and objective, minor and major.Of course, the main source - the Constitution.It is important to remember that all other sources are subject to it.Contradictions are not allowed.
