- •1. The origin and nature of the state .
- •2 . Form of government .
- •3 . Functions of the state and the legal form of their implementation.
- •4 . Rule of law and its symptoms .
- •5 . Concept , features, and the essence of law .
- •6. Sources of law and their views. System of law .
- •7. Legal norms .
- •8. Characteristics of legal relations .
7. Legal norms .
Under the rule of law is understood obligatory formally certain rules of conduct established by the state as a legitimate criterion or prohibited conduct , and provided public funds .
The rule of law as law in general , has its own characteristics:
a) State and domineering nature ;
b) general character ;
c) personable - binding ;
g ) formal definition ;
d ) internal structure .
Customary to distinguish three elements constituting the rule of law : the hypothesis , dispositions and sanctions .
Hypothesis - is an indication of the conditions and circumstances under which a given norm .
Disposition itself contains a rule of conduct , rights and duties of subjects .
Sanction is an indication of adverse effects that may occur in the event of non-compliance requirements dispositions .
The rule of law in relation to their varying nature are classified on various grounds :
1) on the role of norms in the mechanism of legal regulation ( regulatory, enforcement );
2) on the subjects of law-making (President, Parliament , etc.);
3) on the subject of regulation ( constitutional , civil, labor , etc.);
4) the nature of provisions contained ( authorizes requiring prohibiting );
5) by the method of legal regulation ( mandatory , discretionary );
6) for the duration ( permanent, temporary );
7) on the territory of action ( national , local );
8) for her role in law-making ( primary, secondary );
9 ) by the action on the range of subjects ( general , special, exclusive ), etc.
8. Characteristics of legal relations .
Legal relationship - is regulated by rules of law social relation , whose members are the carriers of subjective rights and legal responsibilities.
Legal structure incorporates all its elemental composition : subject, object and content.
Subjects - are participants relationship. They may be citizens , businesses , government agencies, the state itself . To become a party to legal relations, it is necessary to have legal capacity .
Legal capacity - the ability of citizens to be subject to the law , have rights and responsibilities. It arises at birth and ends with death.
Capacity - the ability of citizens by their actions acquire civil rights and create for himself civic duties . There is it in full with the age of majority, ie, at age 18 .
Object relationship is what it purports : things , behavior, products of spiritual creativity , intangible benefits .
Subjective rights determine the extent possible , and legal responsibilities - a measure of proper behavior of participants of legal relations .
Dynamics of relations depends on the legal facts . Legal facts - this concrete life circumstances that relate the appearance of the rule of law , amendment or termination of legal relations . They are diverse and cover all kinds of social relations governed by law. Legal facts are divided into events and actions . If events do not depend on the will of the people , the actions committed by the will of citizens. Actions are lawful and unlawful. Legal actions may be legal acts or legal acts, misconduct - misconduct or crime.
