Law school. Disposition is ...

Education

In jurisprudence disposition is a part of the legalnorm, which reveals the essence of the rules of behavior, namely, specifies, explains how the subject can and must act in this or that situation. Thus, the disposition, on the one hand, regulates the rights and obligations of persons entering into any legal relationship, on the other hand - embodies the rule itself and the norms of behavior, is the goal of the norm.

The disposition of the legal norm can be formulated in different ways, depending on the content and purpose of the normative act. In the legal science there are such ways as:

  • a simple disposition is an indication of the rule of conduct;
  • descriptive disposition - here are indicated the essential signs of behavior, rules, norms;
  • referential disposition addresses the subject not to one's own, but to another legal norm;
  • banquet disposition sends the subject to the relevant situation with normative acts.

The disposition of the rule of law is present incivil, labor, family, land law and codes. They are available to set out and regulate the rights and obligations between participants in legal relations. For example, if there are two parties that have concluded a pledge agreement, the disposition specifies that if the debtor or the person to whom the debtor has specified does not return the debt in time, the creditor has the right to retain the pledge until the debt is given; If the specified period of waiting expires, the creditor has the right to leave a deposit with himself. Obligations of the debtor, according to the disposition, are to fulfill their obligation to the creditor.

Types of dispositions

  1. Dispositions are simple and complex. A simple disposition is a rule that prescribes one definite variant of behavior (parents are obliged to support and educate their children financially until their coming of age). Complex offer several options for behavior in the same situation. In turn, complex are subdivided into cumulative dispositions and alternative ones.
  2. Depending on the degree of certainty, dispositions are completely determined (these are simple dispositions), defined relatively (complex), indefinite, complex-alternative.
  3. Depending on the mode of presentation, externalThe layout of the disposition is also divided into simple ones containing variants of behavior, but not revealing them, and descriptive ones. Descriptive disposition is a detailed description of important signs of law-abiding or illegal behavior.

Structure of the legal norm

Being a part of the legal norm, dispositionis closely connected with the hypothesis and sanction. The hypothesis is understood as the conditions under which norms are applied and executed. So, in the Criminal Code, in its General part indicates the age from which a person begins to bear criminal responsibility.

Sanction in the legal sciences means punishment,its size and appearance. Each disposition has its own sanction. Each article of this or that code contains one sanction or several. Through them, legislation assesses the degree and severity of committed offenses. It is sanction that is the main criterion by which groups are grouped and distributed according to the categories of crimes and offenses.

Like dispositions, sanctions are also divided intoAbsolutely certain, certain relative and alternative. It depends on the degree of certainty of legal norms. There are also cumulative sanctions that allow simultaneous application of basic and additional measures of influence. Being a reaction of the state to phenomena and facts of violations of legal norms, sanctions are addressed to the bodies of order and justice, as well as to citizens and legal entities.

Therefore, it is important not only law enforcement officials, but also ordinary citizens to know the legal norms and acts, to understand them, in order to avoid involuntary violations and not commit intentional ones.