ОСОБЕННОСТИ И ВИДЫ ОПЕРАТИВНО-РАСПРОСТРАНИТЕЛЬНЫХ ПРАВОВЫХ НОРМ

Abstract

Introduction: an essential prerequisite for the implementation of legal norms is the parameters of the period of their legal force and of their coverage, which are governed by operational-and-coverage legal regulations. The article discusses the features of operational legal norms and coverage legal norms, being implemented in such a close relationship that they can be referred to as operational-and-coverage legal norms. The authors propose classification of such norms on the basis of various criteria, show their logical structures. Purpose: to describe various types of operational and coverage legal norms, model their structures, identify their functions. Methods: the research is based on the general scientific dialectical method of cognition; the authors applied the methods of formal and dialectical logic, functional approach, classification; special legal methods were also employed: the formal-dogmatic method was used to identify operational-and-coverage norms in the normative legal material, the method of legal modeling – to model their structures. Results: operational norms determine the calendar period of legal norms being in their legal force, establish either the date of their entry into force or the date of their loss of force. Coverage legal norms determine the effect of legal norms in space (i.e. with regard to the territory of their operation), with regard to the circle of persons, and in time; they are classified into coverageterritorial, subject-oriented, and coverage-temporal, respectively. Operational-and-coverage legal norms have the structures as follows: ‘Legal norm A, which came into force on date N, covers (is effective on) the territory X’; ‘Legal norm A, which came into force on date N, covers (is effective for) subject Y’; ‘Legal norm A, which came into force on date N, covers (is effective for) legal relations that arose after N (prospective operation) or before and after N (retroactive operation); ‘Legal norm A, which became invalid on date N, covers relations that arose before and continue after N (ultra-active operation)’.