Most of the processes occurring in the human relations at the level of civil society, in business, in politics, is regulated by law.Their development - process, the course and the content of which depends on many conditions - from the specifics of the historical and cultural development of the country, its political system.Also significant and the international factor.
Through what mechanisms the creation of regulations that reflect the relevant rules, may occur in practice?The constitutional laws are fundamentally different from the usual level?What are the legal regulations in terms of their classification?What is the significance in terms of development is the principle of separation of powers?
What is the rule of law?
define the terminology.What is the concept of rule of law?According to one of the most common treatments, it means the rule, required for the execution of a group of entities under the law.That is sanctioned by the authorities, as well as supervised by him in terms of possible violations.Note that the term "rule of law" and "rule of law" modern Russian lawyers believe synonymous.Although permissible, and variations in interpretation.For example, under the rule of law can be understood not usually set by the state, as usual, the normal terms of the perception of the company or some of its separate group pattern of behavior, not necessarily codified in the laws.
What are the distinctive features of the rule of law?First of all, it is worth noting the fact that they are characterized by social orientation.The object of regulation is either society as a whole or its individual groups, in extreme cases - job search.Personal orientation is not typical for legal standards based on their content, of course, not applications.
basic principle under which the law of the Russian Federation and other countries act - a generalization of the properties, most representatively reflects the current development of relations between the objects of regulation.That is a particular source of law is intended to effectively implement the same interests or the same group of people, as we have said, the whole society.
legal norm is aimed at regulating the activities of those objects that have similar characteristics, based on, for example, the profession, social category, age, etc.If we are talking about society in general, there is usually meant the nationality of the people or territory in which they reside.
problem of the relation between theory and practice
The main difficulty for the legislator, which is published by the rule of law, - the need to ensure compliance with the provisions contained in the sources, the realities of society.Or the part that is relevant to the essence of the law.In the legislative systems of virtually any country of the world is imperfect law.Examples thereof are found in Russia.Also Wednesday, lawyers (both those that refer to the practice as well as those engaged in research in the field of law) opened the discussion on the subject of the choice of the basic methodology of understanding of the law.
There are those who think that should be carried out (if possible) to read law.That is the meaning of the wording should be followed present in the text of the law in the conventional sense.But there are lawyers who are closer interpretation of the law.They believe that one should not read what is written in the law, literally.More precisely, it can be done, but only if there is no significant reason to doubt the relevance of the above legal acts in the real situation.
Law and Morality
Regarding the second aspect, when there is an interpretation of legal norms, a prominent role is considered by many lawyers, plays such a category as morality.The person responsible for the application of certain rules laid down in the laws, guided by the most personal perception of the current situation in the field covered by the regulation.And because the law treats, starting in the first place, because of personal beliefs, not because of their semantic content.
There are areas in which morality can not be very relevant component of the practical application of laws.For example, financial and legal rules governing the activities of banks, should be as less prone to interpretation.Their specificity implies a strict reading, working with numbers.
Types of legal norms
law lawyers are divided into three main types - binding, prohibiting and authorizes.The boundary between them can be quite arbitrary.For example, some financial and legal norms, if you continue to talk about them, can in some states to grant the Central Bank the right to check commercial credit and financial institutions, on the other - to oblige the Central Bank to do so with the appropriate occasion.In many cases, the structure of legal acts assume a certain sequence of conditions in which a matter of urgency may apply authorizes the situation and only when a certain set of conditions - binding.The reverse situation.
There are other reasons for the classification of legal norms.They, by the way, may be a good complement those that we have just mentioned.It is a division of legal rules on discretionary, mandatory and optional.Those who are the first to allow a certain freedom of the subject responsible for the application of laws provisions.He can ask the question: whether to implement some rule or acceptable not to use this opportunity?Optional rules suggest some alternative scenario, but not the non-use position.Imperative, in turn, does not mean other options, other than those prescribed by law.How both classifications correlated?Everything is very simple.As a rule, binding and prohibiting rules are imperative or optional.Authorizes often dispositive.
rules of the law society takes
In democratic regimes there is an order in which the features of the legal standards include such a parameter as the social character of origin.This means that the adoption of a law directly or indirectly initiated by the company.It agreed that its activities will be regulated by law.Examples where the society involved in the establishment of their own - a referendum, the People's Assembly.When it comes to indirectly public participation in the formulation of relevant rules, it is often the delegation of legislative powers by parliament.
Systematic legal norms
set of legal rules, adopted at the level of state institutions, with the participation of society, constitutes an appropriate system.It may include sources control processes at the level of the different social groups, in some cases, completely unrelated.However, the provisions of the legal acts, standards and procedures for the adoption of laws, the criteria for their performance in this case will have a systemic nature.The latter is a common source control with a different industry or social orientation.
legal norms and the state
How does the State involved in the construction and support of the system of legal norms, apart from providing the mechanisms of their decision?Respond to this question by looking at the principle of separation of powers.The development of the rule of law has been only one of the three branches - the legislative.But there is also the executive and the judiciary.Accordingly, the role of the state - not only in the publication of legal norms, but also to ensure their execution, as well as the resolution of the court possible disputes over interpretation of certain regulations.
One of the key mechanisms through which the interaction of all branches of government (and especially those that provide the function of the executive branch), - the right of coercion.State law requires to fulfill requirements of all those for which they are relevant.In countries with well-developed legal system is not permitted to substitute other rules of law, originating outside the institutions of government (except in cases when it is permitted to do legal norms).Examples can be found even in the Russian practice.In particular, the Civil Code contains a provision according to which the signing of the civil and legal contracts established forms and standards can be replaced with custom business, the essence of which is not clearly spelled out of nowhere - it is based on the traditions of a particular region of Russia.But in general civil law - a primary source of standards of conduct for the company or individual constituent groups.
In some states a major role in the legal management of social processes plays an executive and the legislature and the judiciary.With what it can be connected?First of all, with the specifics of the legal system operating in a particular State, the essence of which, in turn, is determined by the most cultural and historical features of the country.What is this system?Consider them.
Roman and Anglo-Saxon law
laws in different countries can work within the framework of disparate systems.However, in today's world, each of the sets of national standards that define the nature and effect of the rule of law, one way or another reflects one of the global system of concepts lawmaking.Speaking of the developed countries, in their respective two popular systems - the Roman-German and Anglo-Saxon.What are the features of each of them?
Within the Roman-Germanic system based on the operation of national legal systems are codified sources.That is, laws that have enough, and ideally - in the form of exhaustive prescribe one or another object of regulation to behave within certain rules.It may be general civil law, enshrined in a separate code.Or, for example, the provisions governing the relations in specific sectors of the economy.It codified in the Roman-Germanic system as well as any criminal law.
mechanism, under which laws are adopted here involves the primacy of parliamentary and executive institutions.The legal acts are issued only upon the passage of certain other laws cycle of discussions and approvals.
What are the characteristics of Anglo-Saxon model?The fact that the main source of law in it - a judicial precedent.The fact that the law, as we have said above, was adopted by the company itself or through a referendum and similar arrangements with him, the society or by delegating their powers parliamentary structures.However, legal precedent has completely different requirements for entry into force.The whole legislative process is to carry out the hearing.As soon as the corresponding resolution shall be made, it becomes a source, containing full, enforceable legal norms.Examples of countries in which the Anglo-Saxon model - the United States, England, Canada.
The court precedent indicated, as well as in law, the object of regulation.As a rule, it is a social group with similar attributes to appear in the trial parties - the plaintiff, the defendant or the accused.Consider an example.
A man was walking on the street at night and accidentally hit in the municipal schools of the city of Jacksonville.The guard called the police and the citizen was arrested on suspicion of intent to put the school some damage.There was a court in which the requisite intent has not been proven, but a man found guilty of violating the existing norms prohibiting encroachment on municipal property.The result was a precedent for the next character - Jacksonville is unacceptable to enter the territory of the public school in the evening.There are binding criminal law.Now residents of this American city have to be especially careful during the evening walks in the area of the respective educational institutions.Of course, there are judicial precedents in the Roman-Germanic legal system.However, they do not have the force of law and therefore can not be used outside of the courts.They are not binding for both in those countries with strong Anglo-Saxon legal traditions.
Many lawyers say: the boundary between the two systems of law in question, tend to the gradual blurring.In the US, for example, become more and more important as time laws - those that are accepted by the parliaments of the states, or, if we talk about the federal level, Congress.In many European countries, judicial precedents, despite its minor importance in comparison with the laws, are beginning to play an increasingly important role in solving problems in the aspect of legal practice, and in fact often serve as official regulations.
legislation and international relations
As part of what systems are functioning international legal norms on the condition that at the national level can work quite similar on the key principles of model lawmaking?Actually, the focus here is on the harmonization of procedures.One of the key principles of international law - the imperative norms equally adequately reflect the course of the entire international community as a whole or individual regions of the planet, build relationships between them in various fields.
Another feature international acts - the integrity of the enforcement mechanism.She successfully completes the imperative question.Compulsory for several countries can be only those acts which the execution logic is the same for all cases, it is a complex.
One of the main documents regulating the international law - the Vienna Convention of 1969.In it, in particular, it said that relations between the two countries should be built on the principle of paramount importance legal norms established at the global level.National legislation should either comply with the provisions of the International in the areas where it operates, or to imply a priority during the second enforcement.If the state, building a legislative policy, this principle is not respected, then it may be excluded from the appropriate interaction of the environment in the legal field.
other important documents - the Declaration on Principles of International Law, adopted in 1970.He, in particular, is a prime example of a normative act, which has the integrity guidelines.The declaration states that the participants in international relations must interact when it comes to the development of regulations under the unified standard approaches.The document contains principles that States should not be guided.Consider them.
1. The principle of refraining from the use of force by one state against another.
territorial integrity of countries, as well as their political sovereignty, should be guaranteed by international law.Possible intervention in their affairs by military means should be agreed at UN level.
2. Resolving disputes in ways that do not harm the global community.
military action as a method of dispute resolution need not be an end in itself.The State shall give priority to resolve conflicts peacefully.
3. The principle of non-intervention of some states in the affairs of others, ability to solve problems within its own competence.
If a country is able to cope with the complexities alone, international law assumes that others will not impose their assistance.
4. States must be craving for mutual cooperation.
This principle implies the following relevant provisions of the UN Charter.
5. The peoples have the right to self-determination, as well as on an equal footing.
This wording is understood by many lawyers as a resource for the empowerment of ethnic groups the formation of new independent states.
6. sovereign countries build relationships with others on the principles of equality.
assumed that one country can not have unconditional priority in resolving any disputes.Such can only be set by an international court.
