Ненормативные законы и проблема юридической нормативности

Abstract

The relevance of this scientific article is due to the insufficient elaboration of the problem of non-normative laws in the theory of law, as well as the need to clarify the concept of legal normativity, which does not take into account the existence of normative legal facts. Purpose. The purpose of the article is to study certain aspects of non-normative laws, substantiate the expansion of the concept of legal normativity by including normative legal facts in it. Methodology. In the preparation of this article, general scientific methods (analysis, synthesis), general logical methods (induction, deduction, generalization, classification), special legal methods (formal legal, method of interpretation of legal norms) were used. Results. It is noted that in the Russian legal system, the use of non-normative laws in legislative practice has become quite widespread. At the same time, the correctness of the qualification of certain types of laws as non-normative acts in some cases is questionable, since it does not take into account the possibility of fixing in them not only individual legal prescriptions, but also regulatory legal facts. A broader understanding of legal normativity than the traditional one makes it possible to clarify the substantive classification of laws, including regulatory laws. Conclusion. It is summarized that the concept of legal normativity should cover two types of its manifestation: generally binding rules of conduct and normative legal facts.