The primary element of the legal system is the rule of law. The entire legislative structure is built vertically (the principle of subordination), as well as horizontally (coordination). The basis of the hierarchy of legal acts is the constitution (a vertical version of the structure).
System features
Find out what elements the system of legislation consists of. Despite the fact that it is similar to the system of law, they have many differences. The legal system is an objective foundation of the legislative field, it ensures the availability and clarity of legal information, establishes a hierarchy of legal norms, and takes into account the specifics of the state system.
Elements of the legal system and the legal system are interconnected, governed by the constitution of the country.
Systematization of legislation
This term means activities to modernize legislation, create a unified, consistent system between regulatory legal acts.
In order to create a full-fledged system of legal acts, it is important to conduct a systematic analysis and processing of existing regulations, group them according to a specific scheme. Only if these conditions are met, can the full-fledged use of the primary element of the legislative system be conducted and effective law-making activity. Such an activity will make it possible to fill in the gaps and contradictions in the current legislation.
The importance of systematization
Analyzing the concept and elements of the legislative system, we note that various ways of systematization are aimed at the subsequent development and improvement of legislation. Such events provide the convenience of exercising the right, allow you to find the necessary standards in the shortest possible time.
Forms of systematization
When the internal form is processed normative acts, which allows to achieve unity of the rule of law, remove gaps, conflicts.
Internal systematization is aimed at the processing of regulatory documents, as well as their detailed classification.
Depending on the subject, there are:
- official systematization;
- informal form.
This process helps to identify and eliminate contradictions, inconsistencies, gaps in legal regulation. Since the primary element of the legislative system is a legal act, the legal education of citizens is important.
Types of systematization
There are several options for summarizing legal information. Since the primary element of the legislative system is the article of the law, various collections of normative acts are created through incorporation. This option of systematization allows you to arrange individual laws in alphabetical, chronological, and other order.
Such an activity allows official amendments to be made to the original version of the text of legal acts, to supplement them, to exclude legal norms that have been repealed.
Codification allows the preparation, as well as the adoption of various acts of a new kind, which place not only the old codes, but also new regulations.
Given that the primary element of the legislative system is a legal act, it is possible to carry out a deep and comprehensive revision of the existing legislation, to introduce new significant changes to it.
During the codification, it is possible to remove that regulatory material that is outdated, to form the structure of a codified act with a certain content.
Consolidation is associated with the preparation and adoption of serious acts on the basis of combining the norms of several acts on the basis of separate legal documents.
The purpose of this process is the removal of many regulatory acts, obtaining a large homogeneous block in the existing legislative structure.
Since the primary element of the legislative system is a normative act, consolidation allows us to make it a functional link in a single complex.
Consolidated laws are those laws that summarize the many laws already issued in a particular subject.
Such a systematization option does not imply their change, does not seek to unite old legislative acts into a single logical construction.
Features of lawful behavior
The primary element of the legislative system is the legislative act. Legality implies a regime of specific functioning in a state of law. We are talking about the rule of law, their rigorous implementation by all state bodies, citizens, officials, public organizations.
The rule of law is expressed in the equality of all members of society before the law. The rule of law implies a state of systematization of social relations, which is based on legality and law. It is expressed in the lawful behavior of the main participants in legal relations. It is the rule of law that is the end result of legal regulation.
If crimes committed by citizens are widespread, they develop into a violation of the law.
Principles of Law and Order
The state is obliged to ensure the rule of law for all citizens. There are several principles of law and order:
- legality;
- constitutionality;
- structurality;
- integrity;
- normativeness;
- Warranty
- justice;
- hierarchy.
Not a single modern state is able to fully exist and develop without the orderliness of public relations. Law and order are necessary elements of legal regulation for the state. It is with the help of the rule of law that family, property, political, and economic disputes can be resolved.
The rules of law clearly establish the freedoms and rights of any citizen, his guarantees, obligations, ways of exercising rights. It is in the rule of law that the basic obligations of public organizations and state bodies to citizens are indicated.
For any person, law and order become the main means of protecting personal interests from lawlessness on the part of other people, various government agencies.
Characterization of offenses
This term means any socially dangerous, unlawful acts that cause serious harm to the interests of the state, of an individual. Currently, there are several types of illegal activities, the classification is based on certain signs.
From a legal point of view, unlawfulness is regarded as behavior that violates the rule of law.
Guilty is the psychological attitude of this person to his own unlawful behavior, its possible consequences.
The law establishes certain sanctions that allow punishing those citizens who have been found guilty of certain acts.
The harm from such actions is determined in a moral or material form, the severity of the punishment depends on this.
Finally
Legal norms are important for any state, as they contribute to maintaining order. Among the many offenses committed by individual citizens, groups of individuals, organizations, crimes, misconduct, and tort are distinguished.
The most serious and serious form of violation of the rule of law is considered a crime. They recognize such dangerous behavior for society that it is provided for by the norms of criminal law, involves the use of criminal penalties.
Crimes can be connected with an encroachment on political and economic norms of the state, personality, property, labor, political rights of citizens.
Misconduct is a violation of the law that carries less public danger. It is legal acts (articles) that allow us to classify the actions of citizens, to identify the severity of their misconduct and crimes.
Disciplinary misconduct, civil and administrative offenses, criminal acts - all this is regulated by primary legal acts. Each state has its own legal system, thanks to the coordinated work of which, representatives of the judicial system decide on the appropriateness of punishing citizens for the acts they have committed, and select a specific measure of punishment for them. The integrity of the state and the peace of civilians depend on the coherence of this work.