ПРАВОВАЯ МАТЕРИЯ

Abstract

Legal matter is a type of social matter. It, like any form of matter, is developing according to the general laws. In this sense, we can speak about its movement. Lawyers declare a legal norm the primary basis of legal matter. Its structure is determined, as a rule, in connection with the role predetermined by the legislators. However, the theory of law gives no answer to the question of how with what force this norm starts to be implemented. It is concluded that in the structure of the legal norm, it is necessary to distinguish between two elements: the norm established by the state or the body authorized by it and the legal energy necessary for its vital activity. They are mandatory for any legal norm and constitute its twofold beginning. The absence of one of them makes the norm insignificant, unable to generate the consequences for the occurrence of which it has been developed. The author of the article attempts to analyze the mechanism of legal regulation, considering the structure of the legal norm. The mechanism for legal regulation involves both the existence of a legal norm and the movement of those elements of the content which ensure its implementation. The rule of any legal norm is always static. To ensure its functions, it is necessary to have a certain internal impulse, i.e. the release of legal energy concentrated in this norm. Without the analysis of this phenomenon, it is impossible to speak about any aspect of the content of the legal regulation mechanism. In all likelihood, it is legitimate to study the features of the mechanism of legal regulation depending on the system of law, its individual branch, and possibly the institution and another set of legal norms. It is difficult to construct a single mechanism of legal regulation specifically for private and public law, institutions of labor and social security. Moreover, the division of Russian law into branches, as it is known from history, was made in order to create the necessary working conditions for the legislators and law enforcers. Science only justified, substantiated to a certain extent, the arbitrary approach to the creation of a system of law and its individual institutions. Coordinated court approval of legal prescriptions, which implement the infliction of penalty mechanism and the punitive and other corrective measures provided by them.