Norms of social behavior. Norms and rules of behavior in society

§ 1. The concept and types of social norms.
§ 2. Correlation of law with moral norms.
§ 3. Law and socio-technical norms.
§ 4. Legal awareness: concept, structure, role in public life.
§ 5. Features of social norms in force in the armed forces.

§ 1. CONCEPT AND TYPES OF SOCIAL NORMS

The most important means of organizing social relations are social norms: legal norms, moral norms, norms of public organizations, norms of traditions, customs and rituals. These norms ensure the most expedient and harmonious functioning of society in accordance with the needs of its development.

Social norms are the rules that regulate the behavior of people and the activities of organizations in their relationships (“Social” comes from the Latin word socialis, which means “public”.).

As noted earlier, the need for social norms arose at the earliest stages of the development of human society in connection with the need to regulate people's behavior by general rules. With the help of social norms, the most expedient interaction of people is achieved, tasks that are beyond the power of an individual person are solved.

Social norms are characterized by a number of features:

1. Social norms are the rules of human behavior. They indicate what human actions should or can be in the opinion of certain groups of people, various organizations or the state. These are patterns according to which people conform their behavior.

2. Social norms are rules of behavior of a general nature (as opposed to individual rules). The general nature of the social norm is expressed in the fact that its requirements do not apply to a specific person, but to many people. By virtue of this property, the prescription of the norm must be fulfilled every time by everyone who finds himself in the sphere of its action.

3. Social norms are not only general, but also mandatory rules for the behavior of people in society. Not only legal, but also all other social norms are obligatory for those to whom they apply. In necessary cases, the obligatory nature of social norms is ensured by coercion. Therefore, measures of state or public influence may be applied to persons who violate the requirements of social norms, depending on the nature of the violation. If a person has committed a violation of a legal norm, then measures of state coercion are applied to him. Violation of the requirements of a moral norm (an immoral act) may entail the application of measures of public influence: public condemnation, censure and other measures.

Thanks to these features, social norms become an important regulator of social relations, actively influence people's behavior and determine its direction in various life situations.

All social norms operating in modern society are divided on two grounds:

According to the way they are formed (created);

by means of protecting them from violations.
Based on this, the following types of social norms are distinguished:

1. Rules of law - rules of conduct that are established and protected by the state.

2. Norms of morality (morality) - rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, duty, honor, dignity and are protected by the power of public opinion or inner conviction.

3. The norms of public organizations are the rules of conduct that are established by the public organizations themselves and are protected with the help of measures of public influence provided for by the charters of these organizations.

4. The norms of customs are the rules of behavior that have developed in a certain social environment and, as a result of their repeated repetition, have become a habit of people. The peculiarity of these norms of behavior lies in the fact that they are carried out by force of habit, which has become a natural vital need of a person.

5. The norms of traditions act as the most generalized and stable rules of conduct that arise in connection with the maintenance of time-tested progressive foundations of a certain sphere of human life (for example, family, professional, military, national and other traditions).

6. The norms of rituals are a kind of social norms that determine the rules of people's behavior when performing rituals and are protected by measures of moral influence. Ritual norms are widely used during national holidays, marriages, official meetings of state and public figures. A feature of the implementation of the norms of rituals is their colorfulness and theatricality.

The division of social norms is carried out not only by the way they are established and protected from violations, but also by content. On this basis, political, technical, labor, family norms, norms of culture, religion and others are distinguished.

All social norms in their totality and interconnection are called the rules of human society.

§ 2. CORRELATION OF LAW WITH MORAL STANDARDS

As a type of social norms, moral institutions are characterized by common generic features and are rules of conduct that determine the relationship of a person to a person. If a person's actions do not concern other people, his behavior is socially indifferent. Therefore, not all scientists consider the norms of morality to be an exclusively social phenomenon.

Since the time of Kant, there has been a belief that the sphere of morality covers the purely inner world of a person, therefore, it is possible to evaluate an act as moral or immoral only in relation to the person who committed it. A person, as it were, extracts the norms of his behavior from himself, in himself, in the depths of his “soul”, gives an assessment of his actions. From this point of view, a person, taken separately, outside of his relationship to other people, can be guided by moral rules.

There is also a compromise position in the assessment of moral regulation. According to her, moral norms have a dual nature: some have in mind the individual himself, others - the attitude of the individual to society. Hence the division of ethics into individual and social.

The most common and reasoned is the idea of ​​the absolutely social nature of moral norms and the absence of any individual factor in them.

Shershenevich, for example, believed that morality is not the requirements of a person to himself, but the requirements of society to a person. It is not a person who determines how he should treat others, but society determines how one person should treat another person. It is not an individual who evaluates his behavior as good or bad, but society. It can recognize an act as morally good, although it is not good for an individual, and it may consider an act unworthy from the moral side, although it is quite approved from an individual point of view (See Shershenevich G.F. General Theory of Law. M „ 1911. S. 169- 170.).

There is a point of view that moral laws are inherent in the very nature of man. Outwardly, they manifest themselves depending on a particular life situation in which the individual finds himself. Others categorically assert that the norms of morality are demands addressed to a person from the outside.

Apparently, there is no reason to draw a dividing line between the individual and social nature of moral requirements, since elements of both are organically intertwined in them. One thing is clear, that any social norm has a general character, and in this sense it is addressed not to a specific individual, but to all or to a large group of individuals. Moral norms regulate not the “inner” world of a person, but relations between people. However, one should not lose sight of the individual aspects of moral requirements. Ultimately, their implementation depends on the moral maturity of a person, the strength of his moral views, and the social orientation of his individual interests. And here the primary role is played by such individualized moral categories as conscience, duty, which direct human behavior in the direction of social morality. The inner conviction of the individual in the morality or immorality of his act to a large extent determines its social significance.

The unity of legal norms and moral norms, as well as the unity of all social norms of a civilized society, is based on the commonality of socio-economic interests, the culture of society, and people's commitment to the ideals of freedom and justice.

However, the norms of law and norms of morality differ from each other in the following features:

1. By origin. Moral norms are formed in society on the basis of people's ideas about good and evil, honor, conscience, justice. They acquire mandatory significance as they are recognized and recognized by the majority of members of society. The rules of law established by the state, after they enter into force, immediately become binding on all persons within the scope of their activities.

2. By the form of expression. Norms of morality are not fixed in special acts. They are in the minds of people. Legal norms are expressed in official state acts (laws, decrees, resolutions).

3. According to the method of protection from violations. The norms of morality and the norms of law in a legal civil society in the vast majority of cases are observed voluntarily on the basis of people's natural understanding of the justice of their prescriptions. The implementation of both norms is ensured by internal conviction, as well as by means of public opinion. Such methods of protection are quite sufficient for the day of moral standards. To ensure the same legal norms, measures of state coercion are also used.

4. By the degree of detail. Moral norms act as the most generalized rules of behavior (be kind, fair, honest). Legal norms are detailed, in comparison with moral norms, rules of conduct. They establish clearly defined legal rights and obligations of participants in public relations.

The norms of law and norms of morality organically interact with each other. They mutually condition, complement and mutually support each other in the regulation of social relations. The objective conditionality of such interaction is determined by the fact that legal laws embody the principles of humanism, justice, and equality of people. In other words, the laws of the rule of law embody the highest moral requirements of modern society.

The exact implementation of legal norms means at the same time the embodiment of the requirements of morality in public life. In turn, moral norms have an active influence on the creation and implementation of legal norms. The requirements of public morality are fully taken into account by the rule-making state bodies when creating legal norms. Moral norms play a particularly important role in the process of applying the norms of law by the competent authorities in solving specific legal cases. Thus, the correct legal decision by the court of questions about insulting a person, hooliganism and others largely depends on taking into account the moral norms in force in society.

Moral regulations have a beneficial effect on the precise and complete implementation of legal norms, on the strengthening of law and order. Violation of a legal norm causes natural moral condemnation on the part of morally mature members of society. The obligation to comply with the rule of law is the moral duty of all citizens of the rule of law.

Thus, law actively contributes to the establishment of progressive moral ideas in society. Moral norms, in turn, fill the law with deep moral content, contributing to the effectiveness of legal regulation, spiritualizing the actions and deeds of participants in legal relations with moral ideals.

§ 3. LAW AND SOCIO-TECHNICAL STANDARDS

Technical norms are the rules for the most expedient treatment of people with objects of nature, tools, and various technical means. Appointment of technical standards in the correct use of the forces of nature, technology in the most economical and environmentally friendly way.

Technical norms are of particular importance in modern public life. The widespread introduction of complex and high-precision equipment into production significantly increases labor productivity and the level of material support for people. The use of the achievements of scientific and technological progress in the interests of social development requires strict observance of the rules for the operation of technical means. The rule of law is forced to constantly take care of the introduction of scientifically based, progressive norms for the operation of technical means into the production of material goods.

Technical standards include rules for the performance of construction work, instructions for the operation of machines and mechanisms, norms for the consumption of raw materials, fuel, and electricity.

Technical norms have a social character. But unlike social norms that regulate relations directly between people (man - man), technical norms regulate people's behavior in connection with the use of technology (man - technology - man). Economic theory has proved that the relations that arise in the process of production always act in the final analysis as social relations. “In order to produce, people enter into certain connections and relations, and only through these social connections and relations does their relationship to nature exist, production takes place” (Marx K.. Engels F. Soch. T. 25. Part II. C 357.).

The specificity of technical norms is thus expressed in the fact that they act as social norms with technical content. Socio-technical norms are an effective regulator of that side of social life that is associated with the use of technology.

Technical norms are not some special kind of norms, but a combination of different types of social norms with technical content. These norms can take different forms: legal, moral, the form of customs and others. An example of technical norms developed by public organizations can be the norms establishing the size of sports equipment, competition rules, etc. The technical norms that have taken the form of customs include the rules for executing the “on guard” command with weapons, the rules for setting guards in the armed forces .

The most important technical norms for society are clothed in legal form. Fixing technical rules in legal norms gives them legal significance. Because of this, they become not only expedient, but also mandatory rules that are protected by the state from violations. Failure to comply with these standards entails legal liability. Thus, the criminal legislation of many countries provides for liability for violation of the rules of driving and operation of transport, for violation of safety rules in the production of construction work, navigation rules and others.

Legal norms with technical content are called techno-legal. In modern society, all its members are interested in strict observance of technical standards. Therefore, the rule of law gives them legal force and takes them under its protection. Including technical norms in legal acts, the state has a stimulating effect on the efficiency of the use of technology, on the organization of social production.

Military-technical norms are included in the general system of social norms with technical content. They represent the rules for the expedient use of military equipment and military weapons by military personnel. These include the rules for the technical operation of combat, special and transport vehicles, the rules for the use of various types of weapons, combat installations, systems, flight rules, navigation and others. Under the conditions of scientific and technological progress, the role of military technical standards in the armed forces is growing immeasurably. In turn, the constant improvement and development of military equipment and weapons increases the requirements for the technical training of troops.

With the complication of military equipment, its computerization, the quality and quantity of individual techniques, actions, operations, which are fixed in military legal norms, increase. Naturally, the specialists servicing the equipment must know at a professional level and comply with the requirements of these standards as soon as possible. That is why increasing the technical knowledge of military personnel, their deep assimilation of the rules for handling equipment and weapons are among the most important measures in the system of troop training.

Military-technical norms, as a rule, are enshrined in acts of military legislation: charters, manuals, regulations, instructions (for example, Manual on shooting, Manual on automobile service). The norms that are enshrined in these acts are called technical military legal norms. As a kind of technical and legal norms, these norms reflect the specifics of the requirements that apply to the use of military equipment and weapons.

§ 4. LEGAL CONSCIOUSNESS; CONCEPT, STRUCTURE, ROLE IN PUBLIC LIFE

There are various forms of social consciousness through which people realize (reflect) the world around them. This is a political, moral, national, aesthetic, religious consciousness. Legal consciousness also belongs to the forms of social consciousness.

Legal consciousness is a set of ideas, attitudes, feelings, traditions, living, which express the attitude of people to the legal phenomena of public life. These are ideas about legislation, legality, justice, about lawful or unlawful behavior.

The peculiarity of legal consciousness, as a specific form of social consciousness, is expressed in the following.

1. The legal consciousness reflects only those phenomena that constitute the legal side of the life of society. It covers the process of creating legal norms, the implementation of their requirements in public life. Political, moral and other ideas and ideas also actively influence the formation and implementation of the rule of law. But before being expressed in legal norms, in the practice of their application, they must go through legal consciousness, that is, receive a legal form in the form of legal ideas and ideas.

2. The peculiarity of legal consciousness is also expressed in the way of reflecting the phenomena of social life. Awareness of the legal phenomena of the life of society is carried out through special legal concepts and categories. These include, for example, such concepts as legitimacy, illegality, legal relationship, legal responsibility, legality. The moral consciousness evaluates the surrounding world with the help of its own concepts: good, evil, justice, injustice, honor, dignity.

Structurally, legal consciousness consists of two elements: scientific legal consciousness (legal ideology) and ordinary legal consciousness (legal psychology).

1. Legal ideology is a system of views and ideas that, in a theoretical form, reflect the legal phenomena of public life. The theoretical reflection of legal ideas and views is contained in scientific research on issues of state and law, their essence and role in public life. Since they contain objective conclusions and generalizations, this allows the state and its bodies to effectively use them in law-making and law enforcement activities.

2. Legal psychology is a set of feelings (habits, moods, traditions, which express the attitude of various social groups, professional groups, individuals to law, legality, the system of legal institutions that function in society. Legal psychology characterizes those living, feelings , the thoughts of people that arise in connection with the issuance of legal norms, the state of the current legislation and the practical implementation of its requirements.Joy or sadness after the adoption of a new law, a sense of satisfaction or dissatisfaction with the implementation of specific norms, intolerant or indifferent attitude to violations of legal prescriptions - all this belongs to the field of legal psychology.

Public and individual legal consciousness. Public legal consciousness summarizes legal views, ideas, traditions that are developed by individuals (individuals). Scientific legal consciousness and legal psychology do not exist outside the consciousness of individuals. They include everything that is typical, the most essential, that is contained in the legal consciousness of individuals.

Individual legal consciousness is feelings and ideas about the right of a particular person. Public legal consciousness develops through the legal consciousness of individual individuals. However, it is immeasurably richer than the legal consciousness of an individual, since it reflects the legal life of society in a chain. Individual sense of justice cannot cover the whole variety of legal phenomena of various periods of the life of society - it reflects only individual, essential features. The legal consciousness of a particular person is formed under the influence of the conditions in which he lives and works. And since the living conditions of individuals are different, this also affects their sense of justice. That is why the legal consciousness of one person can be deep, contain a scientific assessment of legal phenomena, and the other can be limited, lagging behind the general level of public legal consciousness. It is very important to take into account differences in the level of legal awareness of individuals when organizing work on legal education.

The role of legal consciousness in public life. Legal awareness plays an important role in the improvement and development of the legal life of society.

First, legal awareness is a necessary factor in the creation of legal norms. After all, legal norms are formed in the process of conscious volitional activity of law-making bodies. Before being expressed in legal norms, certain interests and needs of people pass through the will and consciousness of individuals who create legal norms. Therefore, the quality of legal norms, their compliance with the needs of social development is inextricably linked with legal ideas, the level of legal awareness of those who create legal norms.

Secondly, legal awareness is an important and necessary condition for the accurate and complete implementation of legal norms. The requirements of the rules of law are addressed directly to people. These requirements are also fulfilled through their conscious volitional activity. And the higher the level of legal consciousness of citizens of the state, the more accurately the prescriptions of legal norms are fulfilled. Developed legal consciousness ensures voluntary, deeply conscious implementation of legal requirements, understanding of their correctness and reasonableness. It makes people feel intolerant of violations of law and order.

Thus, legal awareness is an important factor in the development of legislation, the stability of the rule of law, the reality of the rights and freedoms of citizens. A perfect sense of justice also testifies to the high general and legal culture of the individual, making him a full-fledged participant in various legal relations.

§ 5. FEATURES OF SOCIAL NORMS IN THE ARMED FORCES

The armed forces have uniform norms of law, norms of morality, norms of public organizations and other rules of social behavior common to all members of society.

In addition, the special nature of the activities of the armed forces determines the existence of such social norms that take into account the specifics of the military organization. These norms regulate the behavior of only those participants in social relations who are directly connected with the life and development of the armed forces.

Let us consider how the features of social norms that operate in the specific conditions of the state military organization are expressed.

1. Rules of law. General legal regulations do not regulate all social relations that develop in the armed forces. There are special legal norms that regulate social relations that arise in the army as an organization designed for armed struggle. Such norms are called military law, or norms of military legislation.

Military legal norms establish the mandatory requirements of the state for the construction and organization of the armed forces, regulate the life, life and combat training of troops. In particular, military legal norms govern social relations that are connected with the command and control of the armed forces, their recruitment, military service, and the organization of the material and technical supply of troops.

Military legal norms have all the features that are inherent in the rule of law in general. They are established and protected by the state, have a generally binding character, express the interests and needs of military personnel. But they also have a number of features.

First, military legal norms reflect the specific principles of military organization: centralization of leadership, unity of command, unity of command, unconditional military obedience, and others.

Secondly, the content of military legal norms is significantly influenced by the objective laws of armed struggle. The norms of law that govern combat operations of troops take into account the objective nature of these regularities. Comprehensive reflection in the military-legal norms of the regularities of war and armed struggle contributes to the achievement of the necessary results in war.

Due to these features, military legal norms are characterized by increased categoricalness, greater detail of the rules contained in them, as well as stricter responsibility for their violation.

2. Norms of morality. In the armed forces, moral norms reflect the uniqueness of the conditions in which servicemen live and operate. They fix the moral requirements for the defenders of the Fatherland, which have developed in society in connection with people's ideas about military duty, officer honor, valor, heroism, courage, military camaraderie. Moral norms make especially high demands on the moral qualities of servicemen that they need in war, in armed struggle. To defeat a strong opponent, every warrior must be brave, courageous, capable of heroic deeds and self-sacrifice.

The peculiarity of the moral norms operating in the armed forces is expressed in the fact that many of them are enshrined in military legal acts (military oath, charters, instructions). Therefore, they are both legal norms. Compliance with such moral norms is ensured not only by internal conviction, the power of public opinion, but, in necessary cases, by measures of state coercion. The organic fusion of legal and moral requirements in them increases the responsibility of servicemen for the performance of their military duty.

3. Norms of public organizations. This type of social norms has an active impact on various aspects of the life and activities of the armed forces. They develop social activity, creative initiative of military personnel, which contributes to the successful solution of combat training tasks. Thus, participation in the work of military scientific societies raises the technical level of the members of these societies. The activities of organizations of innovators and inventors in the army ensure more efficient use of military equipment and weapons and increase their reliability in operation. Servicemen - members of creative unions (writers, journalists, artists, cinematographers), various public organizations and associations - do a lot of work on the patriotic education of servicemen, raising their cultural level.

4. Norms of customs. This kind of social norm is becoming widespread in the daily life of the armed forces. Military personnel follow by force of habit those norms of behavior that have become common for them even in the conditions of civilian life. At the same time, in the army and navy, there are norms of military customs that reflect the peculiarities of the military organization of the state. They do not become a habit of military personnel immediately, but gradually, in the process of military service. Particularly strong skills in observing the norms of military behavior are developed by professional soldiers as a result of their repeated repetition of the same actions and actions. Among the norms of customs that have become natural for many military personnel are accuracy, composure, smartness, accuracy, endurance, diligence. The positive role of such habits is undoubted: in modern warfare, only strong skills will make it possible to make the right decision in the shortest possible time and successfully complete a combat mission in a rapidly changing environment.

5. Norms of traditions. Those traditional rules that reflect the experience of training and combat activities of the troops, the features of military life, are called military traditions. Depending on the areas of activity of military personnel, they are formed, they can be divided into the following types:

Norms of martial traditions (sphere of martial activity);

Norms of military and labor traditions (field of educational activities);

Norms of the traditions of military life (the sphere of military life).

The norms of tradition operating in the armed forces are an important means of improving the combat skills of troops and increasing their combat capability. They play an important role in the patriotic education of soldiers and in the formation of high moral and fighting qualities in them.

6. Norms of rituals. In the armed forces, the norms of military rituals are widespread. These are such norms that define the rules of conduct for military personnel when performing military rites, solemn and mourning ceremonies. The norms of military rituals, as a rule, are fixed in the charters and other acts of military legislation. These are the rules for taking a military oath, the rules for carrying out the banner of a unit, the rules for conducting drill reviews, the divorce of military guards, and others.

Thus, social relations in the armed forces are regulated through general and special social norms that reflect the special needs of the military state organization. Thanks to this, a comprehensive regulation of the life and activities of servicemen is achieved.

RELATIONSHIP OF REGULATIONS OF LAW AND OTHER SOCIAL NORMS

LEGAL AND TECHNICAL STANDARDS

LEGAL CONSCIOUSNESS

STRUCTURE OF LEGAL CONSCIOUSNESS

QUESTIONS TO REINFORCE KNOWLEDGE

1. What is the significance of the normative regulation of public relations? How does it differ from other regulators of public life?

2. The main generic features of social norms.

3. Criteria for the classification of social norms.

4. Give a brief description of the system of social norms.

5. Types of social norms: unity, difference and interaction.

6. What are the moral foundations of legal norms expressed in?

7. To what extent does law interfere with technology? Technical and legal norms and their specificity.

8. Legal consciousness as a form of social consciousness. What are its features?

9. The structure of legal consciousness: legal ideology and legal psychology. How do they relate to individual legal consciousness?

10. What is the importance of legal awareness for effective legislative activity?

11. The role of legal awareness in the field of practical implementation of legal norms.

12. Correlation between legal consciousness and legal culture. Professional legal awareness of a lawyer.

They are set samples, according to which people interact with each other. Social norms indicate what human actions should or can be.

Social norms are general rules of conduct

This means that the requirements of social norms are not designed for an individual, as, for example, individual rules, but for all people living in society.

Moreover, the rules apply constantly, continuously, in a relationship all cases which are provided for by the rule.

Social norms are binding rules of behavior

Since the norms are designed to streamline social relations and harmonize the interests of people, the requirements of the norms are protected by the power of public opinion, and, if necessary, by state power coercion.

Thus, social norms - these are general rules of conduct, continuously operating over time in relation to an indefinite circle of persons and an unlimited number of cases.

The structure of the legal norm. Types of rules of law.

Types of social norms

All existing social norms can be classified on three grounds:

1. By area of ​​regulation social relations social norms are divided into:

• • law- obligatory rules of behavior of people, established and protected by the state;
  • moral standards- rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, duty, honor, dignity. They are protected by the power of public opinion and (or) the inner convictions of a person;
  • norms of custom- these are the rules of behavior that have developed as a result of a long repetition by people of certain actions, fixed as stable norms;
  • norms of traditions- these are historically developed and transmitted from generation to generation generalized rules related to the maintenance of family, national and other foundations;
  • political norms- these are general rules of conduct that regulate relations between classes, social groups, related to the exercise of state power, the way the state is organized and operates.
  • economic norms- are the rules of conduct that regulate social relations associated with the production, distribution and consumption of material goods.
  • norms of public organizations(corporate norms) are the rules of conduct that regulate social relations within various public organizations between their members. These norms are established by the public organizations themselves and are protected by means of the measures provided for by the charters of these organizations.
  • religious norms as a type of social norms arise in the era of primitiveness. Primitive man, aware of his weakness before the forces of nature, attributed to the latter a divine power. Initially, the object of religious admiration was a real-life object - a fetish. Then a person began to worship any animal or plant - a totem, seeing in the latter his ancestor and protector. Then totemism was replaced by animism (from lat. "anima" - soul), i.e., faith in spirits, the soul, or the universal spirituality of nature. Many scientists believe that it was animism that became the basis for the emergence of modern religions: over time, among supernatural beings, people identified several special ones - gods. This is how the first polytheistic (pagan) and then monotheistic religions appeared;

2. By way of education social norms are divided into spontaneously educated(norms of rituals, traditions, morals) and norms, formed as a result of the conscious activity of people(rules of law).

3. According to the method of fastening social rules of conduct are divided into written and oral. Moral norms, customs, traditions, as a rule orally are passed down from generation to generation. In contrast, legal norms acquire a binding character and state protection only after they have been written confirmation and publication in special acts (laws, resolutions, decrees, etc.).

9. Concept, content, issues of lawmaking.

Lawmaking- activities of subjects endowed with norm-setting competence to create legal norms.

Law-making covers the direct activities of authorized state bodies to develop, adopt, amend, supplement or cancel regulatory legal acts.

Stages of lawmaking:

1. discussion of the draft legal norm.

2. adoption of a legal norm.

3. entry into legal. strength.

They also highlight the exercise of the right of legislative initiative

Principles of lawmaking- Fundamentals.

1. legality.

2. consistency - each newly adopted rule of law must be consistent with the entire complex of already existing legal norms.

3. the principle of scientific validity.

4. The principle of democracy is the consideration of public opinion in the preparation of legal acts.

5. the principle of professionalism.

6. the principle of procedural security.

Compliance with the principles of lawmaking helps the legislator avoid legislative errors, reduces the likelihood of creating ineffective legal norms, and contributes to the growth of the legal culture of the population and legal entities. So, principles of lawmaking- these are the basic principles of the implementation of law-making activities.

1. Democracy. This principle is manifested in the establishment and steady implementation of a free, truly democratic procedure for the preparation and approval of normative acts, and first of all laws, which ensures the active and effective participation of deputies, the general public in lawmaking, maximum consideration in new normative decisions of public opinion, the needs of social economic development of the country and the interests of various segments of the population.

2. Legality. Normative acts must be adopted strictly within the competence of the relevant law-making body and comply with the constitution of the country, its laws and other acts of higher legal force. The principle of legality also means strict adherence to the established procedure for the preparation, adoption and publication of legal decisions, the law-making procedure, and the form of adopted acts.

3. Humanism. This principle presupposes the direction of the law-making act to ensure and protect the rights and freedoms of the individual, to the fullest possible satisfaction of his spiritual and material needs. Man, his interests should be at the center of legislative activity.

4. scientific character. Lawmaking is called upon to fully meet the urgent needs of social development, its objective laws, be scientifically sound, take into account and use the achievements of science and technology, and be based on theoretical developments of problems that require a new regulatory solution. Scientific institutions, individual representatives of the relevant branches of science, as well as legal scholars, should be involved in the preparation of projects.

5. Professionalism, that is, participation in the development of new law-making decisions of qualified specialists from relevant sectors of public life who have professional training, extensive work experience and sufficient knowledge.

6. Thoroughness, scrupulousness of project preparation. In law preparation activities, it is important to make maximum use of foreign and domestic experience, the results of sociological and other studies, various kinds of references, memorandums and other materials. You should avoid haste in work, making hasty, ill-considered decisions.

7. Technical perfection of adopted acts involves the widespread use of methods and techniques developed by legal science and tested by law-making practice for the preparation and execution of normative texts, rules of legislative technique, which should be mandatory provisions for the legislator.

The process of creating a normative act consists of separate stages of its preparation, consideration, approval and promulgation (announcement).

Preliminary formation of the state will (draft preparation). This is the first stage of the legislative process. It starts with making a decision on the preparation of the project. Such a decision may come from the highest legislative body of the country in the form of an instruction to its standing committees, the Government or any other body or their combination to develop a draft of a specific act. The bill can be prepared on the initiative of the President, the Government of the Russian Federation. When preparing projects, a departmental, sectoral principle is usually applied, according to which initial projects are drawn up by those bodies and organizations whose profile of activity they correspond to.

The next stage of the law-making process is preliminary work preceding the drafting of the text of the project. Prior to the preparation of the project, it is important to identify the public need for normative regulation of the relevant sphere of public relations. At this stage, it is very important to obtain detailed information about the current legislation on the issue in question, to analyze its state and practice of application. An analysis of the state of legislation on issues related to the topic of the project helps to answer the question whether it is possible to limit oneself to making changes and additions to previously adopted acts or it is really necessary to prepare a new act. The possible consequences of the action of the act should be determined in advance: economic, social, legal, environmental and others, as well as the possible costs of material, financial and other resources necessary to resolve the issue, the corresponding income, costs, etc.

The next stage is preparation of the initial draft text . To develop important and complex projects, commissions are usually formed, including representatives of the main interested bodies, public organizations, legal scholars and other specialists.

After the initial draft is developed, the next stage of the law-making process begins - preliminary discussion of the project . It is usually carried out with the involvement of a wide range of interested bodies of organizations, the public.

After considering the comments and suggestions The project is finalized and edited. As a rule, this is done by the working committee that drafted the original text of the project.

Then a new stage of the law-making procedure begins, when the work on the draft enters the official phase and is carried out by the law-making body itself. This stage starts with submitting the project in an official manner to the relevant law-making body on behalf of the body or organization that prepared it.

The next stage of the law-making process, characteristic of a collegial law-making body, - inclusion of consideration of the project in the agenda of the meeting. Then follows discussion and official adoption of the project.

Bills are considered in three readings unless otherwise decided by the legislature for a particular project.

At the first reading of the bill, the report of the initiator of the bill and the co-report of the head committee are heard. Then the deputies discuss the main provisions of the bill and make suggestions and comments in the form of amendments, consider proposals for publishing the bill, if necessary, for discussion. Based on the results of the discussion, the legislature approves the main provisions of the bill or rejects it.

At the second reading, a report is made by the chairman of the head committee on this bill or the head of the body finalizing the draft. The discussion is carried out article by article, by sections or as a whole.

As a result of the second reading, the legislature either passes the law, or rejects it, or returns it for revision. Each article or section or chapter of the draft is put to the vote separately. The article, section, chapter are taken as a basis, then all the amendments received in writing are put to the vote.

At the third reading of the draft law, it is not allowed to introduce amendments to it and return to its discussion as a whole or on individual articles, chapters, sections. Collegial law-making bodies (Government, state committees, etc.) adopt normative acts by a simple majority of votes. The President of the State, ministers and other bodies of sole leadership approve their acts (decrees, orders, instructions, etc.) on a personal basis.

Official announcement of the adopted normative act. The final stage of the law-making process is the official publication of the adopted normative act in special printed bodies provided for by law (special publications, newspapers), as well as its official announcement in another form (on radio, television, telegraph, by sending official texts to interested bodies and organizations) . Departmental acts issued by ministries, state committees and other institutions are published in the bulletins issued by these bodies (if any), and are also officially distributed to subordinate bodies, institutions, organizations.

1.2 Social and legal norms

The most important means of organizing social relations are social norms: legal norms, moral norms, norms of public organizations, norms of traditions, customs and rituals. These norms ensure the most expedient and harmonious functioning of society in accordance with the needs of its development.

social norms- these are the rules that regulate the behavior of people and the activities of organizations in their relationships.

As noted earlier, the need for social norms arose at the earliest stages of the development of human society in connection with the need to regulate people's behavior by general rules. With the help of social norms, the most expedient interaction of people is achieved, tasks that are beyond the power of an individual person are solved. Social norms are characterized by a number of features:

are the rules of human behavior. They indicate what human actions should or can be in the opinion of certain groups of people, various organizations or the state. These are patterns according to which people conform their behavior;

These are rules of conduct of a general nature (as opposed to individual rules). The general nature of the social norm is expressed in the fact that its requirements do not apply to a specific person, but to many people. By virtue of this property, the prescription of the norm must be fulfilled every time by everyone who finds himself in the sphere of its action;

- these are not only general, but also mandatory rules for the behavior of people in society. Not only legal, but also all other social norms are obligatory for those to whom they apply. In necessary cases, the obligatory nature of social norms is ensured by coercion. Therefore, measures of state or public influence may be applied to persons who violate the requirements of social norms, depending on the nature of the violation. If a person has committed a violation of a legal norm, then measures of state coercion are applied to him. Violation of the requirements of a moral norm (an immoral act) may entail the application of measures of public influence: public condemnation, censure and other measures.

Thanks to these features, social norms become an important regulator of social relations. They actively influence people's behavior and determine its direction in various life situations.

The division of social norms is carried out not only by the way they are established and protected from violations, but also by content. On this basis, political, technical, labor, family norms, norms of culture, religion and others are distinguished.

All social norms in their totality and interconnection are called the rules of human society.

All social norms operating in modern society, subdivided on two grounds:

- according to the method of their establishment (creation);

- on the means of protecting their claims from violations.

Based on this, the following types of social norms:

1) norms of morality (morality) - rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, duty, honor, dignity and are protected by the power of public opinion or inner conviction;

2) the norms of public organizations are the rules of conduct that are established by the public organizations themselves and are protected with the help of measures of public influence provided for by the charters of these organizations;

3) norms of customs - these are the rules of behavior that have developed in a certain social environment and, as a result of their repeated repetition, have become a habit of people. The peculiarity of these norms of behavior is that they are carried out due to habit, which has become a natural vital need of a person;

4) norms-traditions act as the most generalized and stable rules of behavior that arise in connection with the maintenance of time-tested progressive foundations of a certain sphere of human life (for example, family, professional, military, national and other traditions);

5) norms-rituals are a kind of social norms that determine the rules of people's behavior when performing rituals and are protected by measures of moral influence. Ritual norms are widely used during national holidays, marriages, official meetings of state and public figures. A feature of the implementation of the norms of rituals is their colorfulness and theatricality;

6) rules of law - rules of conduct that are established and protected by the state.

It was noted earlier that from a formal point of view, law is a system of norms that come from the state. In other words, law consists of legal norms. The legal norm is the primary cell of law.

Rule of law is an example (model) of a typical social relationship, which is established by the state. It defines the boundaries of the possible or proper behavior of people, the measure of their internal and external freedom in specific relationships. The rule of law provides for the freedom of participants in regulated social relations in a twofold sense:

- as the ability of the will of the subject to consciously choose one or another variant of behavior (inner freedom);

- as an opportunity to act outside, to pursue and fulfill certain goals in the outside world (external freedom);

What are the characteristics of a legal norm?

The rule of law is established or sanctioned by the state. This is a model of behavior that is enshrined in official state acts.

The rule of law has grant-binding character. On the one hand, it provides freedom of action aimed at satisfying the legal rights of the subject. What is a property right? This is the freedom of the person-owner to fully own and dispose of the thing belonging to him. What about the right of the creditor? This is his freedom to demand from the debtor the return of the debt. On the other hand, the rule of law obliges to perform or not to perform certain actions, thus limiting the freedom of individuals. This substantive side of the legal norm is as essential as the freedom of action granted. Indeed, if we imagine that the freedom of a person is not limited by anything, then in this order of things there can be no question of law at all. If every person were granted the obligatory freedom to dispose of another's life, this would mean that no one has the right to life; if there is no rule limiting the freedom of appropriation of someone else's thing, then no one will have the right to property.

Thus, the rule of law combines the provision and at the same time the restriction of the external freedom of persons in their mutual relations. The provisional-binding nature of the legal norm makes it possible to satisfy the legitimate interests of authorized subjects through the action of obligated persons.

The implementation of the legal norm, if necessary, is ensured by measures of state coercion. Violation of the boundaries of freedom of permitted and necessary behavior entails the application by the competent state bodies of measures of legal liability to offenders. The protective nature of the legal norm makes it possible to reliably protect the legitimate rights and interests of citizens of the state.

Due to the above features (properties), the rules of law act as a state regulator of typical social relations (for example, subordination relations in the army, sale and purchase relations in property transactions). This expresses the social role of legal norms.