The structure of the legal standard.
The structure of the law is its internal structure, the sum of its interconnected parts. Most legal scholars say about the structure of a typical rule of law and emphasized that atypical rule of law are not rules of conduct and do not have their own structure.
The opposite view is held by the authors of the monograph «The norms of Soviet law. Problems of the theory». So, they say: «The structure of legal rules should be defined in relation to all kinds of them, and not only in relation to the norms, rules of behavior, as is the case at present. Legal science has made a significant step forward, considering the structure of the legal rules, depending on their specialization in the regulation of social relations... The structure of any rule of law forms the unity of its elements. However, the nature of these elements, their number, location, method of communication and the appointment depends on the type of legal norms. It should, therefore, be distinguished that the structure of legal entry (baseline, constitutive) rules and regulations, the rules of conduct». However, the authors do not offer the unusual structure of the law.We point out the structural elements of the legal norms:
1. The hypothesis is part of the legal norm. Hypothesis points to the factual circumstances in which the attack should be guided by the rules in the rule of law. Legal norm itself may begin with the words «if...», «if...», or similar expressions are implied.
2. The second building block is the disposition ofthe law or sanction, depending on the rules. If the rule of law is regulatory, the second part of its disposition stands - the very rules of conduct that must be guided by the occurrence of the conditions stipulated hypothesis. Disposition indicates the specific rights and obligations of the participants of legal relations. If the rule of law is the law enforcement, it will be the second element of the sanction-reference to state enforcement actions that may be applied to the subjects of the law entering illegally.
A citizen may be at the request of interested persons adjudged missing (disposition), if during the year in his place of residence is no information about his whereabouts (hypothesis). In the case of the appearance or discovery of the seat of the national recognized as missing (the hypothesis), the court shall cancel the decision on recognizing him as missing (disposition) (Civil Code).
According to authors, «this tripartite structure of the law is necessary to remember the state bodies involved in law-making. For adequate and effective regulation of social relations should be properly expressed all three elements of the legal standard, first, sufficiently clear and clearly state the conditions of the legal rules, and second, to specify the behavior of the rule itself, and thirdly, to establish liability for failure to do so».
Generally speaking, the structural elements of the rule of law is one of the debates in the theory of law. Two hundred years ago, English jurist G. Blackstone singled out in the law four honors: announcing commanding conducive and a penalty. Soviet jurists also held different views on the issue.
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