The common concepts of Law. 1 The concept of Law. 2. Law system

The common concepts of Law

1 The concept of Law

Normative regulation is a special form of the society's activity aimed at creating, implementing and ensuring common rules of human behavior (social norms), in order to streamline human relations and achieve stability in society.

There are three types of normative regulation
1)" traditional regulation" based on established traditions

2) " moral regulation" based on the ethical ideas that have developed in society
3) " legal regulation" is a regulation in which a socially differentiated society, through the creation and implementation of special social norms called " Law" forms the most important relations in the form of legal order and order provided by the state.

Law is a system of norms so called legal norms that express the will of society recognized and supported by the state in order to realize the interests of the majority of social subjects

The attributes of Law are as follows

1. General obligation means that all subjects are obliged to comply with the norms of Law

2. Formalization means that the norms of Law have an official form

3. State sanction means that responsibility is provided for non-compliance with the norms of Law

4. Normativity means that the Law consists of norms of a general nature

5. Systemality means that the norms of Law form a single dynamic system that does not have contradictions

2. Law system

Legal norm is a basic element of Law as pronounced as separate, mandatory for all and formalized rule of conduct, which is backed by state coercion

Legal institution is a set of legal norms regulating similar in content of the social relations

Legal branch is a set of legal institutions and certain legal norms governing similar in the content of social relations united in the branch subject

The structure of the legal norm

1. The hypothesis of this condition is vital to the situation in which the legal norm

2. The disposition means that the rights and obligations which arise from the participants in social relations upon the occurrence of hypotheses

3. The sanction is the kind and the degree of responsibility of the participant of legal relations in case of violation of the terms of the disposition

The subject of the legal branch is qualitatively homogenous and relatively isolated social relations

Applied science is the scientific hypothesis and the findings of scientists in the field of Law enshrined in scientific works aimed at systematization and development of the legal industry

3. Legal sources

A legal source is a form of Law approved by the state in which the content of the legal system

Forms of legal sources is expressed

1. legal custom (the basic form in the Sharia system) this is provided by the state the norms of traditional regulation that have developed in society

2. legal precedent (the basic form in the Anglo-American legal system) this is the decision of the authorized body mainly the courtb on a specific case which should be used by other courts as a model for solving similar cases

3. normative legal act (the basic form in the Romano-German legal system) This is a document adopted by an authorized legal creative body in which legal norms are established changed or canceled

4. regulatory agreement (available in all legal systems) this is an agreement of two or more subjects containing general rules for multiple regulation of the relationship of subjects both specific and indefinite in the circle of persons

5. ideas and doctrines of Law

6. codes of religious rules

7. legal awareness

Regulatory legal acts are divided into two groups

1. Laws

o Constitutional Laws

o Current Laws

2. By-Laws

· supreme acts-decrees of the President of Russia

· Ordinary by-Laws resolutions orders instructions and the like

Laws are acts adopted by the legislative body in a certain procedure. They have the highest legal force and contain primary norms for regulating public relations

By-Laws are acts adopted by state executive authorities on the basis of and in compliance with Laws to specify the primary norms of Laws

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