Detailed solution paragraph § 18 on social science for students in grade 10, authors L.N. Bogolyubov, Yu.I. Averyanov, A.V. Belyavsky 2015

Why can't people do without rights?

Because law, the regulator of social relations, law consolidates the existing state and social system. By introducing certain norms of behavior, the law thereby introduces a legal order into the life of a person, society and the state, establishes the boundaries of the possible and permissible activity of everyone. The state should strive for the full implementation of its own established norms.

Where does the law come from?

The law takes force from the legislative acts of the government, federal and regional laws, the Constitution, law enforcement practice.

Why is law called the minimum of morality? How is law organized?

Law is the most effective regulator of social relations and human behavior. Law expresses the interests of man and society and has a general social essence. Law is inextricably linked with the state, which gives official significance to legal norms and ensures their implementation.

The concept of "right" has several meanings. Most often, it is understood as a system of generally binding norms protected by the state. In this basic definition, law is reduced to a set of unambiguous and documented state regulations, i.e. is actually in line with the law. Law in this sense is called positive law.

A number of researchers suggest that law is not created by the state, but exists from the very beginning, as it follows from natural needs and human nature. Every person from birth has natural rights and freedoms - the right to life, work, freedom of thought and speech, etc. Right, as the claim of people to life and to everything that contributes to its preservation and development, is called natural right.

Questions and tasks for the document

1. What idea (or ideas) is the author of this passage trying to express?

2. What do you think, what is the meaning of the scientist in the word "face"?

4. What are the reasons for the origin of law?

Each person seeks to expand the area of ​​his freedom; but since they all act in a common field, they come into constant conflict with each other. Hence the need to determine what belongs to each, and to lay down certain rules for resolving disputes.

Right is a mutual restriction of freedom under a common law. This definition is based on the legitimate interaction of individuals and their desire to regulate freedom.

6. Compare Chicherin's approach to the definition of law with those given in the previous paragraph. Which of the approaches do you think is closer to the one proposed by the philosopher? Explain your opinion.

The normative approach is closer to that proposed by the philosopher, since law, as a mutual restriction of freedom under a general law, is an integral part of all human societies.

Questions

1. What features of law make up its main difference from other social regulators?

Law is primarily a system of norms social behavior. All elements are internally interconnected and aimed at achieving a single goal - the legal regulation of social relations in all major areas of society - economic, political, social, cultural.

Law is a system of norms that only the state establishes. This is a unique feature of the law. The system of legal norms comes from the state, and many of its other features are associated with this feature of law.

Since the rules of law are established by the state, they are generally binding. This means that the rule of law should apply not only to citizens, but also to the state itself, its bodies, officials of state bodies.

The right is protected by the state. By establishing legal norms, the state guarantees their implementation. It is obliged to exercise control over their observance, execution and application, and in case of violation, apply state coercion.

Law consolidates the existing state and social system. By introducing certain norms of behavior, the law thereby introduces a legal order into the life of a person, society and the state, establishes the boundaries of the possible and permissible activity of everyone.

2. Explain what is the relationship between law and law and what are the differences between them.

Law is the totality, or rather, the system of laws existing in a given state. Law becomes an authoritative obligatoriness (that is, a universally binding system of norms protected by the power of the state) only in the form of a law - positive law. However, the law, as you know, is a creation of power. It may or may not be in line with the law. A law becomes legal only when it fully meets the requirements of law, that is, when the natural rights of a person receive official recognition and protection by the state.

3. What brings law and morality together? What is the “sovereignty” of law?

Most of the rules of law containing prohibitions directly go back to morality: do not commit violence against a person, do not insult a person, do not lie, do not slander, do not bear false witness, do not take someone else's property, do not violate the rules of the hostel, public order, etc.

Morality and law have a common goal - to promote social harmony, order, harmonization of relations between people, as well as between people about the environment.

They are also brought together by a spiritual, ideological basis: both morality and law proceed from the principle of justice, and are called upon to put it into practice. Protecting the interests and rights of a person, calling for humane relations, both morality and law seek, first of all, to ensure justice.

There is reason to talk about the closeness of the educational role of morality and law. Their norms, influencing our consciousness, contribute to the development of an internal conviction in the need for voluntary compliance with legal and moral prescriptions.

The sovereignty of law is manifested in the right to life, liberty and the pursuit of happiness.

4. What is the legal system?

A system of law can be called what is conditioned by a system of social relations internal structure law, including interconnected parts (elements) - norms, branches, institutions.

Additional material:

The system of law: expresses the existing legal reality, is not the result of arbitrary actions of those who create the rules of law; predetermined by the social structure of society and, accordingly, by the interests and needs of people; shows what parts, elements the law consists of and how they relate to each other.

5. Describe the main features of the rule of law and give it a definition.

The rule of law is a generally binding rule of conduct established by the state, the operation of which is supported by the power of state coercion.

Legal norms have the following features

General character. Lack of specificity of the addressee, non-personalized nature (unlike law enforcement acts). They regulate typical relationships and are designed for repeated use.

Obligation. Rules of law are obligatory for all to whom they are addressed.

Content specificity. It is achieved by the simplicity of the text of the norm, as well as the wide use of well-known and special legal terms.

formal definition. The rules of law, as a rule, are fixed in the legal acts of the state and fix the rights and obligations.

Microsystem. Rules of law are interconnected and, as a rule, do not contradict each other.

6. How are the rules of law classified?

There are various classifications of legal norms. The most typical is determined by the nature of the prescriptions contained in the norms

There are: 1) authorizing norms - this difficult-to-pronounce word formation has a very clear meaning and denotes permission norms that give the right to what can be done; 2) binding norms, i.e. containing prescriptions that are strictly mandatory for execution; 3) prohibitive norms - these are prohibition norms that establish what cannot be done.

The branch of law is the largest part of the legal system. It is a set of single-order legal norms that regulate a whole sphere of homogeneous social relations. There are more than 30 branches in the system of law of the Russian Federation.

8. What is a legal institution?

The institution of law is a group of interconnected single-order legal norms that is objectively isolated within a particular industry.

Additional material:

Unlike an industry that covers a whole sphere of homogeneous social relations, the institution of law regulates only a separate section (side) of related social relations within a certain sphere. Moreover, within the branch of law, several legal institutions can stand out at once. So, in labor law (the sphere of labor activity) there is an institution of hiring and dismissal; institute of the labor contract; institute of working time; the institute of labor discipline, etc. In criminal law (the sphere of criminal law relations), the institute of crimes against life and health is singled out; institution of crimes against honor, freedom and dignity of the individual; institution of crimes against property; institute of environmental crimes, etc.

Tasks

1. The English philosopher Francis Bacon (1561-1626) liked to say that there are three sources of injustice: violence itself, malicious deceit disguised in the name of the law, and the cruelty of the law itself. Explain why you can talk about the law in this way, but not about the right.

Law - an official written document issued by the highest bodies of state power. Law is a system of generally binding norms of behavior developed in society or established by public authorities on the basis of general principles justice, sanctioned by the state, for the violation of which legal liability is provided.

It follows from the concepts that the law can sometimes be used with deceit, since it does not threaten it in any way, and the law, in turn, does not allow its capabilities to be abused, that is, it entails an inevitable punishment for its violation.

2. The well-known Russian jurist S. S. Alekseev, when discussing the issue of law, gives the following example. In the train car, just before its departure, a woman flies in with heavy bags in her hands. All places are occupied, and mostly by men. Then she approaches one of them and resolutely says: "Get up!" The man stands up and the woman sits in his place. The embarrassed man leaves for the vestibule, but on the way he manages to ask in surprise why he was driven from the place. The woman immediately retorts loudly: "Because I, a woman, have the right, and you men are obliged to yield to us."

Who do you think is right in this situation? What rights of a woman can be discussed? Does she have the right to demand to give her a seat? Explain in terms of law and morality.

The woman is wrong in this situation. She has no right to demand to give up her seat. It's only a matter of morality.

From the point of view of law, there is no such law anywhere, she had the right if she was disabled, pregnant or with a child, and the place was marked with a corresponding sign. From the point of view of morality - women should give way, this is a matter of good education.

3. Based on the classification of legal norms known to you, indicate what form of action the following norms of law prescribe (give the name of the norm and explain its meaning): “Laws are subject to official publication. Unpublished laws are not applied” (Constitution of the Russian Federation, Art. 15); “Everyone has the right to defend their rights and freedoms by all means not prohibited by law” (Constitution of the Russian Federation, Art. 45); “Everyone has a duty to preserve nature and environment treat natural resources with care” (Constitution of the Russian Federation, Art. 58).

1) “Laws are subject to official publication. Unpublished laws are not applied ”(Constitution of the Russian Federation, Article 15) - Restorative norm (The essence of a remedial norm is logically connected with an offense and a special type of sanction - a remedial sanction. Restorative sanctions protect legal norms, the consequences of violation of which can be eliminated or reduced with the help of state measures These sanctions are absolutely definite (or their size is limited by a predetermined limit); they are used to restore violated rights, fulfill unfulfilled duties, eliminate an illegal state.)

2) “Everyone has the right to protect their rights and freedoms by all means not prohibited by law” (Constitution of the Russian Federation, Art. 45) - Enabling norm (Enabling norms indicate permission, permission for subjects from the state, fixed in the norms of behavior. The social meaning of empowering norms - providing citizens and other subjects of law with a certain opportunity for behavior guaranteed by the corresponding obligations of other persons.These include the rules on the right to work, to remuneration, to rest, to education, to material support, the rules of the author's rights, property rights, and others. )

3) “Everyone is obliged to preserve nature and the environment, take care of natural resources” (Constitution of the Russian Federation, Art. 58) - Binding norm (Binding norms establish the obligation to perform certain positive actions. Positive binding is one of the decisive levers for a targeted impact on social processes .)

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Introduction…………………………………………………………………………...3

Chapter. The concept of law: signs, purpose, functions………………………5

1.1. The concept of law in the objective and subjective sense…………………6

1.2. Law as a regulator of social relations………………………...7

1.3. The essence of law…………………………………………………………………9

1.4. Signs of law……………………………………………………………..9

1.5. Assignment of the right…………………………………………………………………………………………………12

1.6. Functions of law……………………………………………………………….13

Conclusion………………………………………………………………………… 15

References……………………………………………………….………..17

Introduction

Trying to understand what law is and what is its role in the life of society, even Roman lawyers paid attention to the fact that it is not limited to any one meaning. Law, wrote one of them, is used in at least two senses.

First, law means that which is "always just and good," that is, natural law.

Secondly, law is that which "is useful to all or many in any state, what is civil law."

Law is a social phenomenon, it is a side, a "part" of society.

In domestic legal history, there is a complex evolution of law. Over time, ideas about law, theory and concept have changed. IN late XIX- the beginning of the twentieth century. legal scholars associated the predominantly coercive influence of the state, awareness of dependence on power, etc. with law. In the 20s of the XX century. an understanding of law as a social relation, as an actual legal order is being formed, which reflected the creation of a new socialist law. In the 1930s and 1940s, a normative definition of law was developed, which turned out to be very stable. But in the 1950s, broader ideas about law developed again, in which, in addition to norms, legal relations and legal consciousness were also distinguished.

A radical change in the social system in our country in the 90s leads to a change in views on law. On the one hand, scientific developments in the field of philosophy of law are expanding, when, along with positive law, the principles of natural law are more sharply distinguished and a distinction is made between law and law. On the other hand, the former normative concept of law is preserved and enriched.

Law is legal views and positions that express social interests and are enshrined in a system of generally binding principles and rules of conduct established by the state and international structures and regulating social relations, provided by the state and institutions of civil society and the world community.

The purpose of this work is a theoretical study of the issue. To achieve the goal, it is necessary to solve the following tasks:

· reveal the system of legal relations existing in the society;

determine the essence and content of law.

1. The concept of law: features, purpose, functions

Law, like the state, is one of the most complex social phenomena. IN Everyday life people understand by law generally binding rules of conduct established and sanctioned by the state in the form of laws, decrees, etc.

Law is not exhausted by formal characteristics, although in a specifically legal sense law is determined by these characteristics; these are legal texts formulated by the authorities and containing legal norms.

Law has deep roots in culture, both world and national spiritual history of the people.

Law has natural connections with such institutions as humanism, human rights, social justice, which are the objects of scientific and socio-political discussions. Therefore, the idea of ​​law, its essence, value, methods of implementation can be both general and specific historical; these legal relations are set by the direction and meaning of each stage of the life of society.

Law is the state regulator. It regulates relations between people with the correspondingly embodied will of society. Therefore, unlike other social regulators, the right of a given society can be only one, it is one and the same with the state. Law is the only normative, the regulatory impact of which, on relations between people, entails certain legal consequences for their participants.

Law is a system of obligatory, formally defined norms that express the state will of society, conditioned by economic, spiritual and other conditions of life, its universal and class character; are issued and sanctioned by the state in certain forms and protected from violations, along with measures of education and coercion; are the regulator of social relations.

Law is a system of regulation of social relations, conditioned by the nature of man and society and expressing the freedom of the individual, which is characterized by normativity, formal certainty in official sources and provision with the possibility of state coercion.

1.1. The concept of law in the objective and subjective sense

In modern legal science, the term "law" is used in several meanings. Firstly, the right is called the legal claims of people, for example, “the right of a person to life”, “the right of peoples to self-determination”. These claims are due to the nature of man and society and are considered natural rights.

Second, law refers to a system of legal norms. This is a right in an objective sense, because the rules of law are created and act independently of the will of individuals.

Thirdly, the named term denotes officially recognized opportunities that an individual or legal entity, organization has. “Citizens have the right to work, rest, health protection, property”, etc., organizations have the rights to property, to activities in a certain area of ​​state and public life. In all these cases, we are talking about the subjective sense of law, i.e. about the right belonging to an individual - the subject of law.

Fourthly, the term "law" is used to refer to a system of all legal phenomena, including natural law, law in an objective and subjective sense. Here it is synonymous with "system of law". For example, Anglo-Saxon law, Romano-Germanic law, national legal systems.

The term "law" is also used in a non-legal sense. There are moral rights, the right of members of public associations, parties, unions, rights arising on the basis of customs. Therefore, it is especially important to give a precise definition of the concept of law, to establish the signs and properties that distinguish it from other social regulators. In legal science, many definitions of law have been developed, which differ depending on what exactly in legal phenomena is taken as the main, the most essential. In such cases, we are talking about the definition of the essence of law. Law has natural connections with the economy, politics, morality, and especially deep connections with the state. All these connections, one way or another, are expressed in its signs. It is necessary to distinguish between signs and properties. Signs characterize law as a concept, properties - as a real phenomenon. Signs and properties are in correspondence, i.e. properties are reflected and expressed in the concept of law as its features. Philosophers, not without reason, assert that "any phenomenon of reality has an innumerable set of properties." Therefore, the concept includes features that reflect the most significant of its properties. Fundamentally different is the approach when the general social essence and purpose of law is recognized, when it is regarded as an expression of a compromise between classes, various social strata of society. In the most developed legal systems (Anglo-Saxon, Romano-Germanic law), priority is given to a person, his freedom, interests, needs.

1.2. Law as a regulator of social relations

Law is a special, official, state regulator of social relations. This is its main purpose. Regulating certain relations, it thereby gives them a legal form, as a result of which these relations acquire a new quality and a special form - they become legal. In comparison with other public regulators, law is the most effective, authoritatively coercive and, at the same time, civilized regulator. This is an essential attribute of any statehood. Legal relations can be defined in the most general sense as social relations regulated by law.

Law is not a creator, but only a regulator and stabilizer of social relations. “The law itself does not create anything, but only authorizes social relations ... Legislation only records, expresses economic needs.” There are legal relations that exist only as legal and cannot exist in any other capacity.

For example, constitutional, administrative, procedural, criminal, etc. It is precisely such legal relations in form and content, i.e. in its “pure form”, they represent a truly independent type and type of social relations. Only in this sense can we say that law creates, "creates" social relations, giving rise to new connections.

Law regulates far from everything, and only the most fundamental relations that are essential for the interests of the state, society, the normal life of people, these are, first of all, relations of property, power, socio-economic structure, rights and obligations of citizens, ensuring order, labor, property, family and marriage relations, etc. The rest are either not regulated by law at all (the spheres of morality, friendship, comradeship, customs, traditions), or are partially regulated (for example, in addition to material rights, there are purely personal ones in the family).

All public relations can be divided into three groups: 1) regulated by law, acting as legal; 2) not regulated by law, having no legal form; 3) partially adjustable. In the latter case, it must be borne in mind that not every relationship can be subject to legal regulation, and in many cases the need does not arise.

1.3. Essence of law

The essence is the main thing, the main thing in the object under consideration, and therefore its clarification is of particular value in the process of cognition.

Law is built on three pillars. This is morality, the state, the economy. Law arises on the basis of morality as a method of regulation different from it; the state betrays him officiality, guarantees, strength; the economy is the main subject of regulation, the root cause of the emergence of law, because this is the area where morality has found its inconsistency as a regulator. Morality, the state, the economy are the external conditions that brought the right to life as a new social phenomenon. In law and through law, freedom is fixed and brought to every person, to every organization.

Law has a general social essence, serves the interests of all people without exception, ensures organization, orderliness, stability and development of social ties. When people enter into relations with each other as subjects of law, this means that they have the authority of society and the state behind them, and they can act freely without fear of adverse social consequences.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, the right is not just freedom, but freedom guaranteed from infringement, protected freedom. Thanks to the law, good becomes the norm of life, evil - a violation of this norm.

1.4. signs of law

Signs of law characterize it as a specific system of social relations.

1) normativity. Law has a normative character, which makes it related to other forms of social regulation - normativity, customs. The right that each person or legal entity has is not arbitrarily measured and determined in accordance with applicable regulations. In some doctrines of law, the sign of normativity is recognized as dominant and law is defined as a system of legal norms. With this approach, the rights of an individual or legal entity turn out to be just the result of the operation of norms and, as it were, are imposed on them from the outside. In fact, the opposite relationship takes place: as a result of the repeated repetition of any behavior options, the corresponding rules are formed. Knowledge of the established rules makes it easier for a person to choose the right decision regarding how he should act in a given life situation. The value of the property under consideration lies in the fact that “normativity expresses the need to establish normative principles in social relations related to ensuring the orderliness of social life, the protected status of an autonomous person, his rights and freedom of behavior.” The norms of law should be considered as a “working tool”, with the help of which human freedom is ensured and the social antipode of law, arbitrariness and lawlessness, is overcome.

2) formal certainty. Assumes the fixing of legal norms in any sources. The rules of law are formally fixed in laws and other normative acts, which are subject to a uniform interpretation. In law, formal certainty is achieved by the official publication of court decisions, recognized as samples that are mandatory when considering similar legal cases. In customary law, it is provided by the formula of the law that authorizes the application of custom, or by the text of a court decision made on the basis of custom.

Based on the norms of law and individual legal decisions, the subjective rights, duties, and responsibilities of citizens and organizations are clearly and unambiguously defined.

3) hierarchy of the norms of law, their subordination: the norms of law have different legal force, for example, constitutional norms have the highest legal force, they cannot contradict the norms of another level.

4) the intellectual-volitional nature of law. The right is a manifestation of the will and consciousness of people. The intellectual side of law is that it is a form of reflection of social patterns and social relations - the subject legal regulation. The law reflects and expresses the needs, goals and interests of society, individuals and organizations. The formation and functioning of law as an expression of freedom, justice and reason are possible only in a society in which all individuals have economic, political and spiritual freedom.

The volitional beginning of law must be considered in several aspects. First, the content of law is based on the social and legal claims of individuals, their organizations and social groups, and in these claims their will is expressed. Secondly, the state recognition of these claims is carried out through the will of the competent state bodies. Thirdly, the regulating effect of law is possible only with the “participation” of the consciousness and will of persons who implement legal norms.

5) security with the possibility of state coercion. State coercion is a factor that made it possible to clearly distinguish between right and duty, i.e. sphere of personal freedom and its limits. State coercion is a specific sign of law that distinguishes it from other forms of social regulation: morality, customs, corporate norms. A state that has a monopoly on the exercise of coercion is a necessary external factor the existence and functioning of law. Historically, law arose and developed in cooperation with the state, initially performing a protective function. It is the state that gives the law highly valuable properties: stability, strict certainty and security of the “future”, which, according to their characteristics, become, as it were, part of the existing.

Summing up the above signs, law can be defined as a system of generally binding, formally defined normative guidelines that regulate social relations and come from the state, secured for implementation by coercion from the state.

1.5. Purpose of law

The purpose of law is formulated in legal science in two aspects. According to the first aspect, the purpose of law is to express the interests of the ruling class (stratum, groups), to embody the will of the economically dominant class, to serve as a means of suppression, violence against other classes.

In accordance with the second aspect, the purpose of law is to serve as a means of compromise, to remove contradictions in society, to be a tool for managing the affairs of society. Hence, law is interpreted as a means of consent, concessions. This does not mean that law is not connected with coercion, but it is not coercion that comes to the fore in the legal resolution of problems, but the achievement of agreement and compromise.

IN real life law performs tasks of a dual nature: on the one hand, it acts as an instrument of political domination, and on the other hand, as an instrument of general social regulation, a means of establishing order in society. Therefore, we can conclude that the main purpose of law is to ensure order in society, taking into account the interests of different strata and groups by reaching agreement and compromise.

1.6. Functions of law

The functions of law are understood as the main directions of legal influence on social relations arising from its content and purpose.

There are two main functions of law - regulatory and protective.

Regulatory - streamlining social relations by fixing the relevant social relations and orders (static regulatory function; for example, fixing the owner's powers to own, use and dispose of things) and ensure the active behavior of certain subjects (dynamic regulatory function; for example, imposing the obligation to pay taxes );

· protective - the establishment of measures of legal protection and legal liability, the procedure for their imposition and execution.

In addition to these, the law performs some additional functions. These include educational, ideological, informational, etc.

The educational function consists in the impact of the right on the will, consciousness of people, educating them in respect for the law;

· the ideological function is to introduce into the life of society the ideas of humanism, the priority of human rights and freedoms, democracy;

The information function allows people to be informed about the requirements that the state imposes on the behavior of an individual, to report on those objects that are protected by the state, about what actions and actions are recognized as socially useful or, on the contrary, contrary to the interests of society.

Conclusion

Summarizing the above, we can say that in the definition of law many character traits of this institute. Law - a set of rules of conduct established by state power as the power of the ruling class in society, as well as customs and rules of the community, sanctioned by state power and enforced with the help of the state apparatus in order to protect, consolidate and develop social relations and procedures that are beneficial and pleasing the ruling class.

So, the main purpose of law is to be a powerful social and normative regulator, a determinant of the possible and mandatory behavior of individuals and their collective formations. Moreover, the obligation of law, unlike other social regulators, is ensured by the possibility of state coercion, legal provisions become for those to whom they relate, a generally binding rule of conduct.

IN last years there have been many changes in all spheres of our lives, which have put state institutions and the legal system to the test.

Modern law is not just changing, it is becoming more extensive, covering previously unknown relationships. Modern legal systems and normative-legal arrays are quite complex. Therefore, both internal legal contradictions within each of the legal systems and external contradictions between them are inevitable. Contact, interaction of legal systems, their mutual influence covers all layers of each of them. What is common is that legal contradictions are expressed in different legal understandings, in the clash of legal acts, in the illegal actions of state, interstate and public structures, in claims and actions to change the existing legal order.

Therefore, one of the tasks of modern law, as a regulator of social relations, is the formation of conflict of laws.

Bibliography

1. Vengerov A.B. Theory of State and Law: Textbook for Law Schools. - M.: Jurisprudence, 2000.

2. Morozova L.A. Fundamentals of State and Law: A Handbook for Applicants to Law Schools. - M.: Jurist, 2000.

3. Nersesyants V.S. Philosophy of law. Textbook for high schools. - M., In-fra-M-Norma, 1997.

4. Theory of state and law. Course of lectures / Ed. M.N. Marchenko. - M., 1996.

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Right- one of the regulators of social relations. Influencing the will and consciousness of people, it most authoritatively inclines them to a certain behavior. But law is not the only social regulator. The system of normative regulation of public relations includes the following types of norms:
- customs (in the form of traditions, rituals, rituals, etc.);
- religious norms;
- norms of public associations (corporate norms);
- moral standards.

Law is such a social regulator, which may include any of the listed norms. Therefore, there are certain common features inherent in all social norms, and there is something that distinguishes law from the system of social regulation.

The general properties of social norms include the fact that they all:
- are a kind of samples, standards, the scale of behavior;
- serve as a guideline in the choice of the behavior that at a given time under given circumstances is approved by society or a certain part of it;
- play an organizing role in people's behavior;
- serve as a tool social control.

With regard to law, these properties receive additional characteristics. But before naming them, it should be noted that the very understanding of law in different peoples, in different states and different legal systems is not the same. There are at least five approaches to the definition of law.

The first is classic for continental Europe. This is a purely normative approach, when only what is expressed by the state itself in the obligatory rules of conduct issued by it are considered to be the norms of law. Thus, the law recognizes the state will, objectified in the relevant texts of a general nature.

The second one is more characteristic of the Old and New Worlds (for England and the USA) and is called sociological. If normativists find legal norms in the realm of due, sociologists ask to look for them in being. They see legal norms in the social relations themselves, in the forms of control over them, in the ways of resolving conflicts, in what the court does.

The third approach, the psychological one, is especially widespread among those supporters of sociological views who attach paramount importance to mental realities, meaning both the individual and the social psyche. They try to find legal norms, first of all, in the human psyche, in his consciousness and subconsciousness, in his legal views, in his legal experiences, etc. It is no coincidence that in the first years after October 1917 one could judge on the basis of revolutionary legal consciousness.

The fourth approach to understanding law was related to expectations bourgeois revolutions, with the coming to power of the bourgeoisie, and was directed against the arbitrariness of the feudal authorities, against tyrannical laws, the violation of any human rights. This is the so-called philosophical (natural-legal) approach. Legal norms, according to this view, should be sought in the eternal criteria of justice, derived from pure reason. natural norms human freedom and its natural limitations in relation to a citizen as a member of a state-organized society - this is what should regulate people's behavior. Note that this theory of natural law was revived after some oblivion in the middle of the outgoing century as a reaction to the arbitrariness of fascist totalitarian regimes.

Acquaintance with different approaches to law shows that each of them has its own positive aspects. Some of them are acceptable for legislators who seek and consolidate the law in the norms they publish, others - for those who apply the law, implement the law in specific life situations. At the same time, it is impossible not to see the negative aspects of each of the approaches, if you do not limit the scope of its use. We know what, for example, the courts were led to on the basis of revolutionary legal consciousness, we remember what laws those in power could adopt if they were set for the sole purpose of retaining their power. Yes, and "justice" could be interpreted in different ways. Therefore, the fifth approach is also appropriate - integrative - focused not on any one feature of law, but on the completeness of all its characteristics. An integrative approach should take into account the admissibility of different definitions of law. He cannot ignore the fact that at different times different peoples, in relation to different political situations, recognized a different understanding of law. More precisely - a different perception of it by the population, and by those who are in power in one particular state, and by the population and those in power in another state. That is, in reality, both of them are guided in communication, build their lives according to the rules that are drawn from different sources.

From the point of view of the integrative approach, law is everything that is officially recognized and supported as standards of equality and justice in determining the degree of freedom of communicating social subjects. This refers not only to citizens, but also to their associations, state bodies, officials, etc. This will include laws, and judicial acts, and instructions from the policeman, and complexes of permissible emotions that the judge or the same policeman were guided by; religious canons, feelings of believers, religious rites will be included here, but at the same time there will be a place for atheistic views and norms, if they were officially elevated to obligatory institutions.

An integrative understanding of law makes it possible to identify the first hallmark legal norms - legal norms are recorded in a variety of sources. They cannot be reduced only to legally established rules. On the contrary, in certain cases it is possible not to recognize as law even what is written in the law.

Another sign of legal norms, unlike all others, is that they operate throughout life, are necessarily recognized as a regulator of social relations through some kind of official acts. These are not declarations, not some slogans, not statements of intent.
The next feature is the formal certainty of legal norms, that they contain an indication of the boundaries of the behavior of their addressees, the measure of their rights and obligations.

Law is normative in its essence (not only because it can be expressed in general rules of conduct), since it regulates typical, recurring relationships and is not limited to a one-time solution to a specific issue. Normativity is a meaningful sign of law. Legal norms in their application are designed for a relatively indefinite circle of persons and a relatively indefinite circle of cases.
Legal norms are the official measure, the scale of freedom and justice.

Distinctive property of law and legal norms- their system. Ideally, this is an internally consistent and consistent system of norms, specially ordered in the course of work on the systematization of law.

Finally, one of the main and most conspicuous features of legal norms is that they are provided by the state with organizational measures, and, ultimately, with measures of mental and physical coercion. Failure to comply with legal requirements entails legal liability.

Finding out all the signs of law allows us to talk about its value. And this value lies in its ability to serve as such a regulator of social relations, which is able to satisfy the social interests of people in the most effective way. Under appropriate socio-political conditions, these interests may consist in the assertion of freedom, peace, the consent of people, and a fair resolution of conflict situations.
The value of law is primarily instrumental. With its help, stability, consistency, organization are introduced into social relations. This fact alone may testify to the service of law to the civilized development of society.

Law affirms the freedom of people. At the same time, the value quality consists in the ability of legal norms to set the parameters of this freedom for a variety of life situations.

Law is one of the most civilized means of social control over the behavior of people in society.
By affirming the principles of justice, law forms humanistic values.

More specifically, the value of law can be discussed when analyzing its role in solving social and economic problems, its importance for the formation of a rule of law state and civil society, in the implementation of internal and external functions of the state.

(See diagram 5 on page 575)

1. The need for regulation in society

Human society is a special stage in the development of nature and the animal world. Man qualitatively changed his attitude to nature, becoming rational. If all animals could only adapt to their natural environment, then man, with the help of the tools created, began to transform nature, to adapt it for his existence. The rational activity of man resulted not only in a transformed nature, but also fundamentally different ways of interaction, the relationship of people among themselves - human society. The latter appears as a complex social formation, a set of numerous and diverse connections that people enter into in the course of their life, production, political or spiritual activity.

The main elements of society are individuals and their collective associations. Modern society includes such collective associations as:

1) the family, which is a form of association, is founded
on the marital union and family ties between the husband and
wife, parents and children, brothers and sisters and other
relatives;

2) legal entity. In this capacity, they are primarily
enterprises and organizations created and operating in the field of
production, distribution, exchange and consumption in order to provide
baking people with industrial and food products
mi, comfortable housing, tools, transport, etc.
some material goods. The legal entities are

also institutions, organizations operating in the field of education, healthcare, sports and recreation, culture: schools, colleges, institutes, museums, libraries, clinics, sanatoriums, rest homes, etc.;

3) the state and its bodies managing the case
mi society. These include representative legislative
bodies, the head of state, the government and other executive bodies
political authorities, courts, prosecutor's office, police, army, prisons;

4) local self-government bodies formed by the population for
management of cities, villages, other settlements for
solving any problems of local importance;

5) public associations and political parties that create
by citizens on a voluntary basis to participate in political
activities, protection of labor rights of employees, provision of ma
financial assistance to low-income and needy mothers
assistance to members of society, protection of the natural
environment, solving other socially significant problems.

Individuals and their associations are among themselves in a wide variety of relationships, which are called social relations. Thus, city dwellers sell tractors, combines, hay-mowers, and other equipment for agricultural associations, farmers. In turn, the townspeople buy agricultural products. Diverse public relations of citizens and in the field of politics. For example, most of the population participates in the elections of deputies of the legislative body of the country. The male population of most states is responsible for protecting the Motherland from external aggressors. Social relations also exist between members of the same family: husband, wife and their children.

Connections between the various components of society is a necessary way of existence for both people and their associations and society as a whole. For the production, political, educational activity of a person, his associations is possible only in communication with other people and other components of society.

A significant part of social relations is characterized by conflicting interests of their participants. So, the townspeople would like to sell the equipment they have produced, fertilizers as expensive as possible and buy agricultural products as cheaply as possible. The villagers, on the contrary, are ready to appreciate the products they produce and are interested in low prices for all urban goods. Society finds itself in a difficult situation when the number of people willing to

serve in the highest legislative body far exceeds the number of seats available in it. Not all modern parents want to participate in the upbringing and material maintenance of their children.

How can you agree conflicting interests townspeople and villagers, ensure the selection of worthy candidates for the legislative body, and at the same time not offend any of the applicants? How to ensure the unconditional fulfillment of obligations in relation to children, elderly parents, and resolve other social contradictions?

One of the main ways to reconcile the conflicting interests of people and their associations is regulatory regulation. Society, the state, individual social strata, groups develop rules that prescribe how to act in this or that case, situations in order to achieve the goal and at the same time not violate the rights and interests of other people, their associations. Ideally, such a variant of behavior is chosen as a generally binding rule that would not violate the interests of the participants in the relationship and society as a whole. This leading principle of normative regulation was clearly expressed by the Christian commandment - do not do to another what you do not wish for yourself.

Regulatory regulation originated at the dawn of human society and was reduced to the creation of two types of norms, rules - social and technical. social norms arose as a way of managing the affairs of society and ensuring coordinated actions between members of the primitive communal system. As F. Engels rightly noted, “at a certain, very early stage in the development of society, there arises a need to embrace general rule acts of production, distribution and exchange of products that are repeated from day to day and make sure that the individual person submits to the general conditions of production and exchange ”(K. Marx, F. Engels Soch. Vol. 18. S. 272).

With the development of a productive economy, pastoralism, handicrafts, and agriculture, various rules of production activity become important in human life, following which ensures the achievement of the set goal. What should a farmer do to ensure a high yield of grain, vegetables, and other agricultural crops? How can metal be obtained from ore, how should it be processed in order to obtain a knife, an ax, a vase?

The rules of production activity were developed gradually, through trial and error. As they accumulated, sets of generally binding rules were formed, following which significantly increased the ability of people to transform nature and satisfy their needs for tools, food, and housing. For example, the development of agriculture in the countries of the Middle East was facilitated by the creation of agricultural calendars based on the movement of heavenly bodies and cyclical changes in nature, the alternation of seasons. Agro-calendars literally painted the lives of members of the agricultural community by day, contained clear instructions on what agricultural work should be done in the appropriate period, and what work should not be done.

The norms that determine the relationship of man to nature, the order of his activities to create material wealth, use tools, are called technical standards. IN difference from them social norms regulate relations between people and their associations in the process of material production, in the political or socio-cultural sphere.

Both technical and social norms are the most important and necessary attribute of modern society. With their help, modern man regulates all socially significant ways of human activity.

modern system technical standards are technological rules, safety rules, use of modern instruments and machines, rules of sanitation and hygiene, grammar, pedagogy, professional activity. In a word, wherever a person acts and creates any material and spiritual benefits, he must know and creatively apply the relevant technical rules. The professional work of a lawyer is no exception, who must be fluent in the rules for preparing legal documents, modern methods of accounting, storing and searching for legal information, techniques of rhetoric, logic, grammar, searching and analyzing evidence.

And vice versa, if technical standards are not observed, a person is likened to the heroine of the fable of I.A. Krylov "Monkey and Glasses" Even with modern technology, he most likely will not be able to get the expected results. At the same time, with a high degree of probability, it can be assumed that such a person will spoil a complex device, other tools. Failure to follow safety rules may result in work injury or other

serious consequences for both the violator and those around him.

Equally important in the modern world is the observance of social norms that regulate relations that arise in the process of implementing economic, political, socio-cultural tasks facing society, the state and the individual.

Social normative regulation is carried out in two ways: 1) by establishing prohibitions to actions that are recognized as dangerous to society or its individual members. In particular, it is forbidden to encroach on the life and health of other people, their property, prevent them from disposing of their property, call for the violent overthrow of the constitutional state system, incite national, religious and other hatred; 2) fixing in a generally binding rule - a social norm - rights and obligations participants in the relationship. Such a rule must indicate the rights that the participants in the relationship have, and their obligations in relation to each other and other members of society.

Thanks to social norms, stability and order are created in society between people and their associations. Choosing this or that variant of behavior, a person knows in advance the range of his rights and obligations, how he needs to act in order to become a participant in a particular relationship. For example, enter into an employment relationship with an enterprise, enter an educational institution, travel in public transport, meet another person.

The ways of the regulatory impact of social norms on human behavior, the activities of his associations depend on what type of social norms a particular norm belongs to, how it was established and who specifically protects this norm from violation. Therefore, for a more detailed acquaintance with the action of social normative regulators, their influence on people's behavior, it is necessary to consider the types of social norms that operate in modern society.

2. Types of social norms

The normative regulation of social relations in the modern period is carried out with the help of quite complex

noah and diverse set of social norms. These are: 1) morality, 2) customs, traditions, habits, 3) corporate norms or norms of public associations, 4) religious norms, 5) legal norms. The variety of types of social norms is explained by the complexity of the system of social relations, as well as the multiplicity of subjects that carry out the normative regulation of social relations. The rules of law are established by the state, its bodies, public associations and religious organizations, as well as individual social strata and society as a whole.

Morality or moral norms are rules of conduct based on the ideas of society or individual social groups about good and evil, good and bad, fair and unfair, honest and dishonest, and similar ethical requirements and principles.

A significant part of moral norms is developed and maintained by society as a whole or by the majority of its members. For example, modern society in every possible way protects and safeguards the so-called universal values: a person's life, his personal freedom, the inviolability of his property. They are close to the Christian commandments - do not kill, do not steal, honor your parents, etc.

However, a significant part of the norms is developed not by the whole society, but by one or another part of it. The fact is that modern society is divided into various social groups depending on the occupation, profession, age, gender and other social characteristics. Thus, workers, farmers and capitalists, men and women, adolescents and adults, the able-bodied population and pensioners are singled out.

The moral views of one social group can sometimes differ significantly from the morality of other social groups. Prank, mischief are justified and even approved by teenagers, but are sharply condemned by adults. The capitalist morally justifies the exploitation of other people. The working class, on the contrary, considers exploitation a form of enslavement, the oppression of man by man. The moral views of each social group underlie the moral norms it creates.

Thus, the heterogeneity and even inconsistency of moral norms belonging to different social strata of society is one of the characteristic features of this type of social

norms. Morality is characterized by the following two specific features.

Moral norms fix mainly the proper behavior of a person, other persons. Compliance of behavior with a moral norm does not mean the simple recognition of moral norms, but the constant adherence to these norms, the implementation of their requirements in practice, the performance of any real actions in favor of another person, state or society. Real humanism and mercy are manifested not so much in calls to them, but in the provision of concrete and effective assistance to people in need.

Morality is the most changeable, dynamic kind of social norms. A change in the specific historical situation in the country or the political, economic situation of a particular social stratum entails a change in its social assessments and, accordingly, the emergence of new moral norms.

Control over the implementation of moral norms is carried out either by society as a whole, or by a separate social stratum. Measures of public influence are applied to violators: moral condemnation, public contempt, expulsion of the violator from the team, etc.

A variety of social norms are customs, traditions and habits. Like moral norms, they are established and protected from violations by society or by a separate social stratum that recognizes custom, tradition. At the same time, this type of social norms has its own characteristics.

A custom is a rule of conduct that has developed in the distant past, and in modern society is maintained by force of habit. Custom has the following three characteristics.

The norm operated in the distant past, several centuries ago.

The preservation of the norm in modern society is ensured by the force of habit and sometimes for the regulation of completely different relations. So, a modern person cannot do without shaking hands with friends. This custom developed in the Middle Ages when the knights concluded peace, as a demonstration of the absence of weapons in an openly outstretched hand, as a symbol good will. The knights have long been gone, and their manner of concluding and confirming friendly relations has been preserved to this day.

Thus: "The norm, which has become a custom, exerts its regulatory effect due to its emotional perception by members of society, accustomed to its observance so much that its implementation has become a need." In our opinion, such an explanation of the reasons for the lack of a direct connection between customs and evaluative principles is not universal. One can find a number of examples when the implementation of moral norms, such as the Christian commandments “do not kill”, “do not steal”, coming from hoary antiquity, has become a need for the whole society. And yet these commandments remain moral norms, not customs.

The criterion for distinguishing customs and moral norms operating in modern society is seen in the fact that they regulate different types public relations. Moral norms determine the proper, obligatory attitude of one person to another. By analogy with law, we can say that these are material norms. The customs that have survived and are currently applied are primarily procedural norms; they regulate the procedure, the procedure for the implementation of moral norms.

For example, morality requires a respectful attitude of people towards each other. One of the forms of manifestation of such relations between people is a handshake, and according to Russian custom, also a bow or a hug and a triple kiss.

In favor of understanding customs as procedural norms preserved from ancient times, their association into one type, one group with traditions testifies. Traditions are understood as the rules of conduct that determine the order, procedure for holding any events related to any solemn or significant, significant events in the life of a person, enterprises, organizations, state and society. Such are the traditions of arranging a wedding on the occasion of marriage, celebrating anniversaries with banquets, arranging a solemn farewell for an employee to retire in the work team. Traditions play an important role in international relations, under diplomatic protocol.

Unlike customs, traditions can be applied for a relatively short period. They arise by virtue of any single example supported by public opinion and recognized by it as a model of behavior in a particular situation. Persons who do not observe traditions are condemned by public opinion.

Traditions used in business circles are called business habits, or according to Art. 5 of the Civil Code of the Russian Federation the customs of business. This quality refers to the established and widely used in any field entrepreneurial activity rules of conduct that are not prescribed by law.

At present, such a type of social norms as the norms of public associations, political parties, enshrined in their charters, has become widespread. Sometimes in the legal literature these norms are called corporate.

The constitutions of modern democratic states grant citizens the right to form public associations of interest and political parties. Joining such associations and parties and activities within them are based on the principles of voluntariness, equality and self-activity. No one may be forced to join a public association and stay in it. Each public association builds its work independently and without any interference from state bodies and officials. Legislatively defines only a list of prohibited acts that are dangerous for the state and society, the commission of which entails the use of measures of state coercion. In order to ensure the activities of public associations and political parties within the limits established by law, to prevent their violation of the rights of citizens, as well as the interests of society and the state, the state registers public associations and political parties. One of the required documents submitted for registration is charter of a public association, political party. This document is approved by the general meeting or conference, congress or other body of a public association, political party.

The charter contains norms that fix all the most important aspects of the activities of a public association, a political party, including: 1) the goals of their organization and activities; 2) the conditions and procedure for acquiring and losing membership in a public association, political party, the rights and obligations of their members; 3) the competence and procedure for the formation of governing bodies, the terms of their powers; 4) sources of formation Money and other property; 5) the procedure for reorganization and liquidation of a public association, political party.

The specificity of corporate norms is that they have a documentary, written form of expression - they are formally fixed by a written source - the charter, adopted in the prescribed manner. The norms of morality, customs and traditions considered by us above exist mainly in the public and individual consciousness and do not have a clear documentary consolidation.

The documentary, written form of expression of corporate norms brings them closer to law, legal norms. However, corporate norms have a significant difference from the latter. If non-compliance with the rules of law entails the use of measures of state coercion, then the protection of corporate norms from violation is carried out exclusively by the public associations and political parties themselves. Any conflicts that may arise between a public association, a political party and their members regarding membership, work in an organization, the application of penalties, the state not only does not consider, but does not even accept for consideration. All this should be decided by the associations themselves and their members in accordance with applicable corporate standards.

Corporate norms do not and cannot have the properties of law, since they regulate the relations of public entities, which, due to their specificity, are not subject to legal regulation. This feature of corporate norms is not taken into account by the authors, who refer to them the provisions contained in the charters of enterprises, commercial and other economic organizations.

The charters of enterprises, commercial and other organizations are a kind of local regulatory legal acts that give rise to specific legal rights and obligations and are protected from violations by state authorities. Any violation of these statutes, the rights and obligations enshrined in them, the interested persons can appeal in court, and all such complaints will be considered by the judicial authorities on the merits.

Religious norms are understood as the rules established by different religions. Such norms are contained in religious books: the Bible, the Koran, the Talmud, etc., or in the minds of believers who profess pagan, polytheistic cults.

Religious norms have different content. Some of them determine the order of organization and activities of religious associations, communities, monasteries, brotherhoods, others regulate the attitude of believers to other people, their activities in “worldly” life, the third group of religious norms fixes the order of religious rites.

Currently, religious norms are the source of law in a number of states that profess Islam. With their help, state, civil, marriage and family relations are regulated, criminal cases are considered and resolved. However, in modern democratic states, religious norms constitute a special kind of social norms and regulate relations only between believers.

Protection and protection from violations of these social norms is carried out by the believers themselves. At the same time, freedom of religion should not violate the rights and freedoms of others, public safety, life and health of people. Acts of religious organizations related to causing harm to the health of citizens, other infringement on the personality and rights of citizens, are recognized as a crime, and the perpetrators are subject to legal liability. In all other cases, the state does not interfere in the activities of religious associations and the operation of the norms established by them, and religious associations do not claim to regulate social relations instead of the state or in parallel with it.

Thus, morality, customs, traditions, habits, norms of public associations, political parties and religious organizations play an important role in regulating social relations. The assimilation of these norms and the use of them is a necessary condition for the successful socially active activity of a person, his recognition as an equal member of the corresponding team, a different social formation. Nevertheless, the most significant actions and deeds in the sphere of production, exchange and consumption of material and spiritual goods, participation in the affairs of the state, education, upbringing, use of the achievements of science and culture by a person, other persons can only be carried out on the basis of and in accordance with the current the rules of law.

3. The concept and signs of law

Law, like other social norms, is a set, a system of rules of conduct. For many centuries, it has consistently held a leading role in the regulation of social relations. The clear priority of law over other social norms is explained primarily by the fact that it is established by the state, its bodies, designed to manage the affairs of society.

Law is a system of rules established by the state or adopted in the manner prescribed by it by the population or non-state bodies and organizations. This is the fundamental difference between law and all other social norms. Accordingly, the state acts as the only social entity authorized to adopt, change or abolish legal norms. In the system of state bodies there is, first of all, a special legislative (representative) body, the main activity of which is to prepare and adopt laws and other regulatory legal acts, and to implement the legal regulation of public relations. Their real implementation is ensured by the government, ministries, other state executive bodies. In the course of their activities, executive authorities also adopt normative legal acts that cannot contradict the Constitution and laws of the country.

In some cases, the state delegates its right to adopt legal acts to non-governmental organizations. Yes, in former USSR trade unions and other public organizations that performed certain functions of the state were endowed with this right. Currently, in the Russian Federation, the right to carry out legal regulation of public relations is given to local governments that are not included in the system of state bodies, as well as enterprises, organizations, trade unions and labor collectives. (See next paragraph on this).

The right of non-governmental organizations to accept the rules of law does not cancel the general rule that only the state is the source of law. First, the law-making activity of non-governmental organizations is always carried out with the consent, with the sanction of the state. It voluntarily transfers part of its rule-making powers to non-state organizations, while the latter cannot grant this right to themselves. Secondly, the rule-making activity of non-governmental organizations is carried out under the control of the state and all regulatory legal acts that contradict laws, other legal acts, the state cancels, recognizes them as invalid. Thirdly, legal acts adopted by non-governmental organizations with the sanction of the state are protected and protected by state bodies on an equal basis with legal acts and in the same manner.

2. Law is an ordered, a logically coherent system of rules contained in legal acts and other written sources.

Morality, customs, traditions, some religious and other social norms exist only in the minds of people, they are understood and applied in different ways. Moreover, the social norms of individual social groups can differ significantly from each other. In contrast to them, law is characterized by special forms of its expression, existence and special ways of harmonizing the rules of law among themselves.

One of the main conditions for the effective operation of the rules of law is their consistency with each other. All existing rules of law are designed to ensure the full and consistent regulation of social relations. Ideally, they should contain instructions on all issues that may arise and arise in the process of implementing the rules of law: what rights and obligations are vested in specific persons, under what conditions and in what order these rights can be used, how they can be protected from offenses, etc. The solution of these questions is given only by a set of interrelated and non-contradictory norms of law.

Logical consistency and consistency of the norms of law are ensured by the strict implementation of the principle of hierarchical subordination of legal acts. This subordination is expressed in the fact that the acts of the law-making body cannot contradict the acts adopted by the higher body, as well as the constitution of the country. Acts and norms of law that violate this principle are subject to immediate repeal.

All rules of law are of an official nature. They are contained in written documents - legal acts and other sources. Oral orders, instructions of law-making bodies or officials are not a right.

Legal norms imply not only their obligatory consolidation in written sources, but also publication for a wide range of people. In a modern democratic state, there is a principle that legal acts do not enter into force until they are published in the press or brought to the attention of the population, other interested parties in any other way.

The formal certainty of the norms of law is their necessary property, attribute, since another property of law is associated with it - its general obligation.

3. Obligation of law means that all persons who are touched
all norms of law, are obliged to strictly observe them or use them
take. According to part 3 of Art. 15 of the Constitution of the Russian Federation, state bodies
authorities, local self-government bodies, officials, citizens
Dane and their associations are obliged to comply with the Constitution of the Russian Federation and the law
us. A similar requirement applies to decrees.
of the President of the Russian Federation, resolutions of the Government of the Russian Federation and other sub-laws
ny acts. Failure to comply with the rules of law contained in these acts,
recognized as the same offense as a violation of the Constitution
regulations of the Russian Federation and laws.

At the same time, no one can justify the failure to comply with the rules of law by the fact that they did not know them or did not consider it necessary to apply them in this situation. The state publishes its regulations in the press, promotes them through the media, and every citizen has a real opportunity to get acquainted with the norms in force in society and know their rights and obligations.

The universality of law extends to the state. One of the basic principles of the rule of law requires the implementation of its activities in strict accordance with the Constitution of the country and other laws. It is especially important to subordinate the state to law at the stage of law-making, preparation and adoption of laws and other regulatory legal acts. The state must: 1) carry out law-making activities in accordance with the procedure established by the Constitution and other acts; 2) not to violate the rights and freedoms of citizens, not to elevate arbitrariness and violence to the law; 3) ensure legality in the activities of state bodies.

3. The obligatory nature of the rules of law is their inalienable
a real sign that manifests itself in specific relations
yah, actions and deeds. By accepting the rule of law, the state
holds a series of diverse and effective measures for their implementation,
including: 1) carries out legal education of the population,
explains the essence and direction of those acting in society

rules of law, the procedure for their implementation and protection; 2) obliges the competent state bodies and officials to carry out law enforcement activities in order to vest participants in specific legal relations with rights and obligations, resolve conflicts and resolve other legally significant actions; 3) improves the legal culture of civil servants, provides them with legal acts, creates material and other conditions for their successful work; 4) apply measures of state coercion to persons violating the norms of law.

Strict execution and observance of the law by the nome is ensured by the coercive power of the state represented by its internal affairs bodies (militia, police), the prosecutor's office and the court. This means that in case of violation of the rule of law, the victim can apply for protection to these bodies, which are obliged to take measures for the real implementation of the violated rule. For example, a worker did not receive a quarterly bonus for his work, while everyone else received it. In this case, the worker has the right to file a claim with the court, and if the court recognizes that the worker's claim for the bonus is legitimate, then the enterprise management body is obliged to pay it to the worker. The court may also dismiss the worker's claim and recognize the actions of the governing body as lawful.

Persons guilty of non-observance or non-execution of a specific rule of law bear legal responsibility, provided for by the sanction of the violated rule of law. This may be a warning, a fine, administrative arrest or imprisonment. At the same time, the state assumes the obligation to independently and at its own expense identify and bring to justice all persons who have committed crimes or administrative offenses. The state also assists in resolving civil law disputes and disputes arising from the application of disciplinary sanctions.

Ensuring the real operation of law by the state, its bodies also distinguishes law from other social norms. Unlike law, violation of morality, customs, corporate and other social non-legal norms does not entail any legal consequences. The victim cannot demand the fulfillment of these social norms with the help of state bodies. The right to enforce such norms rests entirely with the subject that formulated them and supports them with the power of public opinion. For non-compliance with social non-legal norms, measures of state coercion are not applied.

Thus, law is a system of mandatory rules of conduct that are established by the state and protected from violations.

The law operates and carries out legal regulation not in isolation, but in conjunction with other social norms. Although this connection is quite complex and contradictory, and does not manifest itself with all social norms.