Understanding the rule of law in the context of its main branches
Every lawyer knows that, with all their knowledge, the norms of law are a fairly complex institution, the study of which allows them to be more effectively used in everyday practice. And because the main value in the understanding of this phenomenon has an idea of the rule of law in the context of its main branches.
The rules of law in the understanding of modern scholars constitute a special foundation on which the entire legal system of a single country stands, as well as the rules of interaction between states. Needless to say that such basic principles simply have to be thought out in detail both in their structure and in their content? The structure is determined by the legislator or the practice, but the content is only the industry for which the norm is developed (or was formed). In other words, for the content of a rule of law, relations between people and their organizations are of paramount importance.And the latter, in turn, form the main branches of law both at the domestic level and at the level of relations between countries and their associations.
The structure of the rule of law, depending on the industry
The classic model for building the phenomenon in question is the “hypothesis - disposition - sanction”. By the way, it is this structure that is most characteristic of the classical branches of public law: criminal or administrative. And the rules of tax law, especially in terms of punishment for tax offenses, differ in a similar model. However, in this structural element of the system of law is not so clear. So, in the civil direction of the law, the norm can only be a combination of a hypothesis and a disposition. And at the heart of the entire legal system - constitutional law - for the functioning it suffices only to have a disposition. In addition, quite often there is a multiplicity of hypotheses, sanctions or dispositions. The structure of the basic principle of the rules of the functioning of the state and other subjects in it is as diverse as the relations that take shape in society.And therefore they single out an ideal structure (sample) and a real one. Both species can coexist in legislation and be effectively applied.
In order to understand the structure itself, one should study the example of the rule of law reflected in two main branches.
In this case any article from the special part can be considered a classic. An excellent option can be considered the rate of punishment for deprivation of life. Its structural analysis is as follows: the hypothesis is “murder, ...”, the disposition is “punished”, the sanction is “for a period of 5-16 years”. In this case, the ideal structure of the legal norm is clearly demonstrated.
In this industry, the dual structure “hypothesis - disposition” is quite common. An example is the provision of deadlines. So, in this case, the hypothesis of art. 192, part 4 of the Civil Code of the Russian Federation is the following: “the period calculated in weeks”. A disposition - "expires on the appropriate day of the last week." In this case there is no sanction. The understanding of such nuances regarding the structure of the rule of law allows not only to refer the latter to a particular industry, but also to effectively use them in everyday practice.