Dispositions are an element of a legal norm, which is classified according to several criteria. There are various types of dispositions according to the method of description, nature and degree of certainty, composition.
Disposition is one of the basic concepts of the legal system. To understand its essence and place in the system of Russian legal practice, it is necessary to recall the definition of a legal norm and its structure.
Rule of law
The rule of law is the main element of the legal system. This is a rule of conduct that is binding on everyone, strictly defined and specifically formulated. Its implementation is guaranteed by the state. The legal norm regulates social relations between the citizens of the country and the states registered on the territory.
The rule of law is a structural unit of objective law. Legal norms that regulate activities in a certain area of public relations constitute a branch of law.
The main criteria of the concept are normativity and formal certainty. Normality implies that a rule is binding on a circle of persons. Formal certainty speaks of being fixed in an official document.
The legal norm is general in nature. It does not imply a specific addressee, but is intended for a wide range of people, regulates typical relationships and is used repeatedly.
One of the main features of the norm is the concreteness of the content. The text of the norm should be simply stated and not allow ambiguous interpretation. Common legal terms are used for the description.
A rule of law is a specific microsystem that consists of several elements. In addition to dispositions, which will be detailed in the following paragraphs, norms include hypotheses and sanctions.
The hypothesis points to specific life circumstances in which the rule of law operates. Hypotheses are simple, offering only one condition, and complex, involving two or more conditions. Alternative hypotheses are also identified that describe several circumstances. For the entry into force of the rule of law, one of them is sufficient.
The sanction describes the consequences, punishment for non-compliance with the requirements specified in the norm. Sanctions can be absolutely specific, relatively specific and alternative. Absolutely defined contain a categorical description of the sanctions. Relatively certain options are allowed, for example, different terms of imprisonment. Alternative ones imply that the authorities themselves can choose the type of liability applied (fine, community service, imprisonment).
Not all regulations contain all three building blocks. The norms of the Constitution include only hypothesis and dispositions, or only dispositions. Criminal norms include only dispositions and sanctions.
Legal provisions can be authoritative, binding and prohibitive. Empowers offer a choice: to act in a certain way or to avoid action. Binding norms prescribe a specific action to be taken. Prohibitives indicate the inadmissibility of an action.
What is disposition
A legal norm consists of three elements: hypothesis, sanctions and dispositions. Disposition - an element containing a permit, prescription or prohibition, which are addressed to the subject of a legal norm. In a general sense, a disposition is a rule of conduct established for all participants in a legal relationship. Within the framework of the norm, everyone must follow it.
The disposition reveals and explains the very essence of the rule of conduct. It contains information about the right to act or not to act in a certain way. This element of the norm prescribes the rights and obligations of all parties involved in legal relations regulated by law. Therefore, the disposition is the main component of the legal norm, in which the rules of conduct are formulated.
Disposition determines the model of behavior of subjects through the establishment of rights and obligations. They arise when there are legal facts specified in the hypothesis (another element of the rule of law). The disposition establishes relations of subordination or partnership between the subjects and forms the relations of the participants in reality.
The content of the disposition can be formulated in legislation in different ways, so sometimes there are controversial questions about its interpretation. Sometimes logical thinking is required to reveal the essence of this part of the legal norm.
Classification of dispositions
Dispositions are subdivided into types according to various characteristics. In different legal systems, there are different classifications and complex models of dispositions. So, in Islamic law there are seven types of normative prescriptions and prohibitions, which are grouped into three levels: strictly obligatory, recommended actions, neutral actions, censured actions, strictly forbidden actions. The sanctions are determined according to the severity of the act.
In the Russian legal system, by the nature of the regulatory impact, the following are distinguished:
- Authorizing. These dispositions permit and permit to perform any actions;
- Binding. Dispositions prescribing to perform an action;
- Prohibiting. Dispositions that impose a prohibition on action.
By structure and content, dispositions are divided into simple and complex. The former imply only one acceptable behavior, the latter, several possible ones. Complex dispositions are distinguished by division into cumulative and alternative ones.
According to the degree of certainty, the dispositions are divided into:
- absolutely certain (simple);
- relatively specific (complex);
- vague (vague description, for example, "behave properly").
In criminal law, the main types of dispositions are: simple, descriptive, referential, blanket. A simple disposition names a criminal act, but does not reveal its signs. In the Criminal Code of the Russian Federation since 1996, the number of such norms has sharply decreased. They remained only in those norms in which the signs of criminal acts are obvious and do not need to be described or if they cannot be accurately described.
In descriptive dispositions, the danger of different interpretation and application of criminal law norms is eliminated. Here, the main signs of a crime are described in detail and exhaustively, which are important for the classification of the offense. So, is a descriptive disposition in Article 129 "Libel", in Article 131 "Rape".
The referential disposition describes the norm by means of other provisions of the criminal law. This technique is necessary to avoid multiple repetitions in the text.
Blanket disposition refers to the norms of other branches of law. There are many such dispositions in the 1996 Criminal Code of the Russian Federation, mainly in chapters on crimes in the field of economic activity, environmental crimes, road safety and vehicle operation.
Dispositions by the way of description
One of the main criteria for classifying dispositions is the way they are described. On this basis, simple and descriptive dispositions are distinguished.
Simple dispositions contain a variation of behavior, but do not elaborate on it. The Criminal Code of the Russian Federation does not detail the signs of behavior if an absolutely understandable action is implied. An example is part 1 of article 128 of the Criminal Code of the Russian Federation: "Illegal placement of a person in a psychiatric hospital is punishable by imprisonment for up to three years."
Descriptive dispositions reveal in detail all the main and essential signs of lawful or illegal behavior. For example, banditry is characterized as a creation:
- sustainable;
- armed;
- groups of persons (gangs);
- for the purpose of attacking citizens or organizations;
- as well as the leadership of such a group.
Thus, the concept of banditry is revealed according to five characteristics.
Disposition by nature and degree of certainty
Legal norms are also subdivided according to their nature and degree of certainty. Absolutely definite dispositions completely, finally and exhaustively establish the rights and obligations of the parties-subjects of legal relations.
Relatively definite dispositions also establish the rights and obligations of the parties, but at the same time give them the opportunity to take the initiative.
Disposition by composition
In terms of complexity and composition, dispositions are divided into simple, complex and alternative ones. Simple ones contain only one rule of behavior. Complex rules include two or more mandatory rules. The alternatives offer several options for behavior, each of which will be eligible.
