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«Mononorms» as social regulators in assigning the economy of primitive society.

The term belongs to the famous Russian lawyer, academician of Russian Academy of Science, Doctor of Law, Pro­fessor S.S. Alekseev. By «mononorms» he means a set of customs, traditions, religion, cults and rituals that are common in the era of primitive society.

Mononorm means single, undifferentiated rules and norms that are both moral and religious beliefs, and customs. In ancient times, there was a unique system of prohibitions and permits, to appear in the form of taboo prohibitions on certain activities. Under the taboo means the whole system of bans on certain acts, violation of which they are responsible by supernatural forces. For example, there was a taboo on incest (incest among close relatives), cannibalism, and murder.

Doctor of Law, Professor A.B. Vengerov emphasizes that «positive binding was intended to organize the required behavior in the cooking process, the construction of houses, fanning the fires and keep the fire, make tools, vehicles, such as boats». Mononorm violators punished expulsion from the community, public censure, the death penalty. «Thus, on a theoretical level, should provide not only the presence in the historical development of mankind two ways of managing and assigning-producing economy, but there are two fundamentally dif­ferent systems of regulation, clearly linked to the nature, economic and environmental characteristics of these methods of management, to the full range material, social and spiritual relationship that existed in them».

By custom, to understand the rules of behavior, generating in the society by its repeated recurrence and subsequently becoming a habit, and then fixed in the consciousness and passed down from generation to generation. In this tradition is characterized by the unity of rights and responsibilities, lack of clear criteria for distinguishing between them, and he represents the interests of all members of the genus, without exception, provided the force of public opinion and has a religious character.

Of course, custom establishes the equality of all members of the genus, a vendetta on the principle of retaliation, an eye for an eye, a tooth for a tooth, and the equal distribution of collective and common property. As well as the state, the law, there were several thousand years ago as a result of the «neolithic revolution». It, too, has not always existed. Rules that prevailed in primitive society, manifested in the form of myths, cults, rites, rituals, customs and traditions. They were objectively by the necessity of existence in the harsh climate. According to many researchers, they had a «natural basis».

Process of law is quite objective, as law replaces mononorms. Some authors identify certain phases in the development of law. You can do three main phases in the development of law. The first-phase nucleation is primarily for those societies where there is a formation of producing forms of economy. The second phase marks the formation of the design of the regulatory system into a system of rules (norms). This phase is linked to such companies, where there is a complete victory for the various forms of producing economy. Finally, the third phase is associated with the written codification of the law in some early state institutions.

In the first legal monuments there is a lack of clear division of rights to the industry, pronounced presence established at the time prescriptions and customs cases. There are two main ways of deve­lopment rights. Where dominated by a state property, the main source of law fixation technique is usually collections of moral and religious positions (the laws of Manu in India, Quran, in Muslim countries, etc.). In a society based on private property, which causes the need for equality of rights owners, to develop, as a rule, more extensive, have a higher degree of formalization and certainty of the law, and above all, civil, regulating more complex system of social relations of property.

Quite original and comprehensive process of law is studied in A.B. Vengerov. Various aspects of the problem of law and public thoroughly analyzed in the book by T.V. Kashanina where characte­rized by normative regulation in primitive society, as well as the objec­tive laws of the historical process of the emergence and deve-lopment of the law. By carefully analyzing the various theories of the origin of law: conciliatory, regulatory, theology, and the theory of natural law, historical theory, Marxist theory, and the theory of specialization.

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Source: Ayupova Z.K.. Theory of state and law: textbook. - Almaty: Kazakh Univer­sity,2015. - 192 pages.. 2015
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