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What are legal norms? How is it determined?
28Jul

What are legal norms? How is it determined?

"Norma" is translated from the Latin language and is used in the meaning of rule, example. In each norm, there are general rules of behavior, which seems to be a pattern of behavior. First of all, the norm stipulates the conditions for the implementation of the rules defined here, this part of the norm is called a hypothesis in jurisprudence. For example, the pension law norm indicates the conditions for determining pension due to old age. Secondly, legal norms determine the rules of conduct themselves, the rights and duties of legal subjects, that is, the disposition. For example, according to the norms of family law, parents are obliged to educate their children, take care of their physical development and education. Thirdly, the legal norms determine such compulsory measures that the state authorities are able to apply these compulsory measures (sanctions) against those who do not fulfill the instructions in the norm or do not fulfill them properly. These can be disciplinary (reprimand, dismissal, etc.), administrative (fine, etc.) and criminal (imprisonment, etc.) sanctions.

Legal norms determine:

1. Who should execute it, when and under what circumstances? (hypothesis)

2. What should this implementation consist of? (disposition)

3. What are the consequences of the implementation of norms? (sanction)

However, not all norms have such a three-element structure. Legal norms that determine people's behavior regulate their activities by granting subjective rights or imposing duties on them. Therefore, legal norms can be considered as a general rule that regulates the behavior of people and their collectives by giving them subjective rights and imposing corresponding legal duties on them. The officially announced (published) legal norm has the nature of state coercion, that is, its implementation is mandatory for all citizens, officials, state bodies, and public organizations. More important legal norms are established in laws. However, in addition to laws, there are also other normative acts (presidential decrees, government decisions, etc.). Legal norms are always general in nature, that is, they apply to all similar cases, implying the possibility of repeated application. It is aimed at an indefinite number of legal subjects who can be a participant in relations regulated by these legal norms at this moment or in the future. Legal norms can be classified according to different characteristics.

Depending on the nature of the provision in the norm, legal norms can be grouped as follows:

1. Authorizing norms (norm - permissions, what can be done). For example, Article 26 of the Constitution of the Republic of Azerbaijan states that everyone has the right to defend their rights and freedoms by all means not prohibited by law;

2. Binding norms (what to do). Chapter IV of the Constitution of the Republic of Azerbaijan established such norms.

3. Prohibitive norms (what not to do) For example, according to Article 6 of the Constitution of the Republic of Azerbaijan, no part of the Azerbaijani people, social group, organization or any person can usurp the authority to exercise power.

According to the norms of family law, parents are obliged to educate their children, take care of their physical development and education.

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