Classification of the law in national legislation and international law

The main provisions of jurisprudence, which are the basic categories of any legal system, are called the norms of law. As a rule, these norms are fixed in special state acts or intergovernmental treaties, they define the scope and boundaries of behavior and very often are binding. There is a certain classification of the rules of law, which, for convenience, divides them into types and helps to determine to which kind the given rule relates.

There are several different typologies that are used for such classification. At their core, they have certain characteristics, according to which these norms are divided. Thus, the rules of law, types and categories of legal provisions can be distinguished by their methods, functions and scope. For example, the methods and scope of the rule of law can be divided depending on what kind of legal relationship they regulate. Any law - civil, criminal, administrative, constitutional and so on, has its own norms. If we take as a basis the division of the functions of such norms, we see that the legal provisions and categories are regulative - that is, those that allow something, prohibit or give powers, protective, and referring to some specific industries or special situations , As well as defining the terms or functions of various organs.

Such a classification of the rules of law is traditional and quite general. It is characteristic of the positivist theory of law. Proceeding from this typology, regulatory norms are singled out in order to make it clear which rights and duties exist for one or another type of legal relations between subjects, their groups, or subjects and state bodies, and, thus, are aimed at determining the norm. Safety standards are allocated in order to denote deviation from the norm, offenses, to stop or prevent them and, thus, protect the first, regulatory standards. As a rule, they contain elements of coercion and responsibility. Special norms are auxiliary, serving norms, which complement both, if it is necessary to determine precisely this or that term, a special, for example, emergency situation develops, and also when a legal conflict arises when some norms contradict others. Moreover, in the latter case, as a rule, such a principle operates that the law of a higher hierarchy abolishes the law of the lower order, and the special rule abolishes the general law.

The classification of the law in the international sphere is somewhat different. First of all, they vary in scope. There are universal, universal norms that are mandatory for all countries that are members of the UN, and are binding for all. These are universally recognized principles of international relations, the provisions of the United Nations Bill on Human Rights and so on. Regional norms define mutual relations between countries in certain geographic boundaries, and particular norms - depending on bilateral or multilateral treaties.

Classification of the rules of law in this area can also take as a basis the power of legal action. Thus, mandatory norms are decisive, because they concern the interests of all countries, and their violation can harm many states. Deviations from such a rule are not allowed, and any contracts concluded with violation of such norms are considered invalid. Dispositive same rules assume that a country can withdraw from such a norm by offering its own option. But if this was not done, the dispositive norm is also mandatory for execution.

Classification of norms of international law, of course, has typological features that are characteristic for classification in the sphere of any law - that is, these norms can also be divided according to the functions and methods of regulation. But the specifics of international law is that its norms can be divided according to the form of expression (for example, contained in international treaties and decisions of international and intergovernmental organizations), as well as on the time of action (that is, to act for a certain period, or indefinitely ). In international law there are also referential norms that can give legal force to the recommendatory provisions of various organizations that were not previously obligatory.