The rule of law as a rule of human conduct.
The rule of law means obligatory set (authorized) and protected by the state rule of behavior, expressing defined by material conditions of society will and interests of the people, political parties in power, the impact on public relations for ordering.
It is well known that the law and rule of law in a relation of the total and the individual, so the rule of law and as an individual retains the basic features of law as common.
Law consists of acting in a given society or corporate law rules (laws). As noted by Professor. V.S. Nersesyants, «an important role in the system of social control from the time of its occurrence was the right play. For all its relative independence of law, as well as other kinds of social norms, carries its own specific regulatory function in isolation and not in isolation but in a single complex and closely with other social regulators».
The definition was given by associate professor D.A. Bulgakova, «legal rule is a primary «cell» of the law, the original element of his system».
This is also a kind of initial «brick», which consists of building rights. You can also say that the rule of law is the particle content of the law, the original structural element of his system. However, this provision does not mean that the concept of law and the rule of law are the same. The right and the unit legal norm in a relation of the total and individual, which, together with similar features have their own peculiarities.
Individual legal rule or group of rules is not yet law. Law - a system of law, which in the most complete and most general form expressed in these rules will state, its universal and class character riddled uniform laws and principles arising from the economic, political and cultural structure of the society. Any single legal norm acquires qualities of law in general, only when incorporated in its overall system.
The main features of the law are:
1. Normativity. The rule of law is general, not specific, it is a general rule of conduct. The rule of law is designed for similar situations, and not on any particular situation and designed to regulate social relations.
2. Consistency. No rule of law can regulate social relations.
3. The rule of law established by the competent public authorities, although in some cases the people, and community organizations can be the law.
4. The universal validity. The rules of law are binding on all citizens, public organizations and officials, as are state-power character.
5. The implementation of the law to compel the power of the state.
6. Formal definition. The content of law is quite clearly expressed in the text of the regulation with the existing methods of legal technique.
Thus, the rule of law is a structural element of his system.
Prof. A.S. Ibraeva emphasizes: «The rule of law - is set by the State or authorized by mandatory rules of behavior, corresponding to the basic principles of law and ensure the necessary coercive power of the state».
The rule of law is established and provided by the State ofmandatory rules of conduct designed to regulate relations in the society. V.V. Lazarev, S.V. Lipen and A.H. Saidov identify the following signs the law: legal, system, established by the competent public authorities, general commitment, coercive power ofthe state in the implementation of the law, the formal definition.
Since the rule of law are of a form of social norms, they are inherent in the above we have listed the symptoms.
Legal-rate source, the main element of law as social education, the basic concept of the entire legal system. The formation and implementation of the law, the law, all legal concepts and designs, and even the theory at its core, directly or indirectly, have a legal norm. Legal rule (rule of law) - obligatory decree, expressed as a statepowerful regulatory requirements and public relations.
Law consists of a bunch of regulatory systems of human knowledge. Legal rule is too regulatory setup, but definitely designed, i.e. expressed in the legislation. Legal and regulatory setting, therefore, is the element of natural law, the legal norm element of positive law.Other authors state: «The rule of law is the rule of conduct established or authorized by the state, an elementary particle of law relating to it as part of a whole (or as an individual to the total). It was proved, that rule of law is, and not the form, and not the content of law, namely, its particle. It has the inherent content and form, and in the system-processes with other rules is the subject of law in general. The rule of law is obligatory, issued or authorized and protected by the state rule of behavior, expressing caused by material conditions of society will and interests of the people, actively influencing the public relations for the purpose of ordering».
According to prof. M.N. Marchenko, «rule of law acts as a kind of measure equal to the scale that is used in assessing the behaviors of different people. It is the criterion for determining right or wrong, or rather, the legality or illegality of the various legal entities. The rule of law also serves as a kind of agreement or disagreement of the determinant of the will of the legislator’s behavior and conduct in certain specified circumstances, the rules of life are often previously unknown people».
Academician S.S. Alekseev convinced that «... legal rules, especially rules codified acts are a kind of «tool shop», which provides the legal system of used legal instruments».
Kazakh authors believe that «the rule of law is coming from the state and protected them obligatory, formally defined as the prescription rules of conduct, which, if necessary, are provided measures of state coercion».
N.M. Korkunov emphasized: «The use of legal norms due antithesis to my interests and the interests of others because of their compliance is mandatory only on the condition of the existence of the interest of others, for which I must obey its activities legal process... legal duty is the duty to the fulfillment of the rights of others requirements to comply with the rules set out the legal boundaries conflicting interests».
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