Структура норм права как проявление системности права

The law rules structure as the manifestation of the law systemacity

The problem of the systematization of right appears to be sufficiently urgent. This can be explained by strengthening social integration and by complication of social relations. The question of the systematization of right is examined by the author in the context of bases and manifestations signs of the systematization of right. In particular this article addresses the structure of rules of law as a sign of its systematization through the analysis of symptoms of systematization of right in relation with structure and the elements of rule of law. Basic approaches of structuring the rules of law are highlighted and analyzed in the context of the systematization of right. The systematization of right has external and internal expression with respect to the rule of law. Rule of law is the primary cell of the system of right. The structure of the rule of law is directed towards the system unity of one model of behavior, towards the particular result of social regulation. For example, the structure of specific rule of law predetermines and reflects the typical behavior of subject of law with a particular set of elements of the relationship regulated by it. Structure of the system of right – concept that reflects the structure of the right as a whole. The structural connections of the system of right pierce all rules of law. It is not possible to study the structure of the rule of law separately from the structures of the system of right, since the structural connections of the rule of law are inseparably connected with the environment of the standard of right – by system of right. It is not possible to study the structure of the system of right without taking into account the structure of its primary cells in exact figures. This article reveals the following essential characteristics of the manifestation of the systematization of right in the structure of its norms: 1) The elements of the rule of law objectively function under the action of system relations in the right; 2) The logical structure of the rule of law is an objective system interaction of hypothesis, disposition and sanction of the rule of law. The connections of those (hypothesis, disposition and sanction) are caused by the meaningful signs of a particular rule of law, which reflects the specific rule of behavior in the specific shear of social relations or in the complex of their system interaction. The structure of a rule of law is largely predetermined by the official government mediation of social relation since the content of a norm is formed with participation of state in the process of the realization of legal policy. Considerable role in the determination of such meaningful component is played by the principles of right; 3) Rule of law as the micro-system in the system of the right formation, integrated in the system of right by the relations of structure with other legal standards, it has its own purposeful orientation and specific character; 4) Specifically, the rule of law can act relatively independently, stably and be autonomous, that none of its elements can achieve. This makes apparent the property “of the emergence” of the rule of law. 5) In the rule of law and its structural elements “factuality” of the system of right is revealed, i.e. expression in the elementary units of the system of properties and characteristics that are inherent to the system as whole and which compose its qualitative specific character.