PRESCRIPTION NORM AND STATEMENT NORM: CORRELATION OF CONCEPTS
Authors:
Type:
Article
Pages:
from 53
to 58
Status:
Published
Received:
10.10.2023
Accepted:
15.11.2023
Published:
25.12.2023
Subject area:
VAC 5.1.1 Теоретико-исторические правовые науки
Language:
Russian
Keywords:
law, rights, freedoms, obligations, legal norm, prescription norm, statement norm
Abstract (English):
In jurisprudence there is a firm view on any norm as a compulsory , mandatory citation, which is backed by unlawful force. One ought not to assent to the opinion. The Constitution of the Russian Federation emphasizes the highest value of a person, his rights and freedoms. Rights and freedoms are directly applicable, governing import of the law, its purview, and administration. Legislative acts concerning rights and freedoms are out of narrow bounds of regulatory provisions. Failure to take this into account leads to mistakes in law-making and law enforcement. The necessity of distinguishing statement norm(fixing rights and freedoms) as an independent rule, along with prescription norm (fixing duties), is explained. In the article, their comparative analysis is made, the conclusion is generalized that none of the norms can claim to be a generic concept. They are types of the general concept of quot; legal norm quot.
In jurisprudence there is a firm view on any norm as a compulsory , mandatory citation, which is backed by unlawful force. One ought not to assent to the opinion. The Constitution of the Russian Federation emphasizes the highest value of a person, his rights and freedoms. Rights and freedoms are directly applicable, governing import of the law, its purview, and administration. Legislative acts concerning rights and freedoms are out of narrow bounds of regulatory provisions. Failure to take this into account leads to mistakes in law-making and law enforcement. The necessity of distinguishing statement norm(fixing rights and freedoms) as an independent rule, along with prescription norm (fixing duties), is explained. In the article, their comparative analysis is made, the conclusion is generalized that none of the norms can claim to be a generic concept. They are types of the general concept of quot; legal norm quot.
Keywords:
law, rights, freedoms, obligations, legal norm, prescription norm, statement norm
law, rights, freedoms, obligations, legal norm, prescription norm, statement norm
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