Reference Norms of Law: The Basis of Classification

Abstract

The article provides a classification of the reference norms of law according to the most common criteria. Depending on the functional role, reference norms can be general, special and exceptional. If general reference norms are directed to legal prescriptions clarifying the initial provisions; then special ones – to a special rule that clearly and substantively reveals the features and specifics of the legal prescription, fixing special conditions for implementation, etc.; and exceptional ones – to exceptions from the rules that provide for the opposite version of regulation. The author notes that the logical continuation of the classification above can serve as a further differentiation of reference prescriptions in terms of content into norms-additions and norms-exceptions. Reference norms-additions expand the content of the rule, adding new rights and obligations of participants in public relations, the range of subjects by new persons, increasing the list of objects, conditions, circumstances and other factors, in the presence of which the provision of the reference norm begins to take effect, to be implemented. On the contrary, reference norms-exceptions can narrow the range of public relations covered by the provision by establishing requirements, qualities that are not characteristic of all relations within the scope of regulation of the initial provision. The article provides a grouping of reference norms according to other criteria: depending on which element of the rule of law the legal prescription refers to; according to the legal force of normative legal acts to which reference is made; to subjects formulating reference norms, etc. However, not all criteria for the classification of legal norms may be suitable for the systematization of reference norms. Finally, it is concluded that the above systematization of the reference norms of law shows the breadth of dissemination of these legal rules of conduct, which indicates the independence of the reference norms of law.