Almaz Ilalutdinov

Elements of legal norms and their internal structure

2012. No. 1. P. 37–49 [issue contents]

Ilalutdinov Almaz - Senior Specialist, Department of analyzing and processing case practice at the Arbitrazh Court of the Republic of Tatarstan, postgraduate student of the Institute of Economics, Administration and Law (Kazan). Address: Kreml, korpus 1, Kazan, 420014, Russian Federation. Email: ilalmaz@yandex.ru.

This article analyzes the essential characteristics and the internal structure of the hypothesis, disposition and sanction as the prerequisites of legal norms. The aim of the research is to implement the idea of structuring the elements of norm according to their primary legal tools and identifying the regulatory function of law. The article is based on the comparative analysis of doctrinal works of many Russian lawyers. A special attention is paid to identifying specific types of legal measures within each element and a three-element model of the norm is substantiated. The author attempts to find out what can be opposed to this element of norm, as a hypothesis – disposition of norm, or can a hypothesis contain conditions to take measures reflected in sanctions. The conclusion is that the essence of a hypothesis is conditions significant for a state, distinguishing the negation of disposition as a hypothesis should be erroneous as the choice between following and breaking rules is possible only in the case of disposition. The author gives a positive answer to the question on the possibility to qualify norms of law as primary legal means. The attention is paid to the variety of approaches to the regulatory function of law. It may be static, dynamic or protective. In particular, obligation, restriction and stimulation or protection may serve as subtypes of regulation. Another question discussed is devoted to the nature and essence of limitation and ban.
Citation: Ilalutdinov A. (2012) Elementy normy prava i ikh vnutrennee stroenie [Elements of legal norms and their internal structure]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 1, pp. 37-49. (in Russian)
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