Norms Of Law Research Articles

О некоторых проблемах уголовно наказуемого уклонения как длящегося преступления на примере злостного неисполнения судебного акта (ст. 315 УК РФ)

In this article, through the prism of one of the decisions of the Constitutional Court of the Russian Federation, the problems of malicious non-execution of judicial act as a continuing crime are considered, in connection with which the issues of the criminal-legal significance of an unfulfilled duty in the structure of a continuing crime are analyzed, as well as determining the moment of the end of malicious non-execution of a judicial act. To this end, the theory of criminal law and judicial practice are studied. The author substantiates the conclusion that, contrary to the position of the Constitutional Court of the Russian Federation, the application of criminal law norms on evasion within the framework of the construction of continuing crimes entails a violation of the principle of prohibiting the repeated conviction of the guilty person for the same crime.

Анализ и оптимизация нормативно-правовой базы в области применения огнестрельного оружия сотрудниками полиции

The article analyzes the provisions of the key act in this area — the Federal Law “On Police”, concerning the grounds and procedure for the use of firearms by police officers, with a parallel appeal to criminal law norms regulating the circumstances, the identification of which levels the criminal nature of the act. Based on the practice of law enforcement, it is concluded that the key problem in this area is the assessment of the legality of the actions of a police officer when using firearms. Recommendations are proposed for improving and specifying the regulatory regulation of the conditions and procedure for the use of firearms by employees of the internal affairs bodies of the Russian Federation to give the missing certainty and clarity.

Некоторые проблемы административного регулирования в сфере миграционной политики

This article analyzes some aspects of administrative regulations, establishes their significance, identifies some imperfections in their implementation, including non-compliance with the norms of administrative law, since most of them are not relevant, they do not have a single general procedure, sequence, specificity in the execution of administrative procedures, and some procedures are duplicated and arise significant problems in the implementation of migration legislation. The article considers the need for a comprehensive scientific study of the legal nature of administrative regulations, the need to study and define the general concept, the essence of administrative regulations and the importance of analyzing the classification of regulations.

Concepts and signs of international human rights institutions

The article analyzes various approaches to the interpretation of the concept of an international human rights institution. The author’s definition of the concept of an international human rights institution is proposed, which should be understood as an international association endowed by the relevant states and (or) other entities with its own international legal personality, based on an international treaty or other document provided for by the norms of international law, the purpose of which is achieving goals related to the protection of the rights and freedoms of a person, and which, as a rule, has its own system of bodies acting on a permanent basis. It was noted that in the process of forming the institute of international organizations, the main attention of the states was focused on the creation of international intergovernmental organizations, which have executed and continue to execute a significant influence on the course of world events. International interstate organizations are one of the three important institutions through which interstate cooperation is carried out. Created in accordance with special international treaties, they have international legal personality and a clearly defined organizational structure, reflect the main goals, tasks and competence and act in accordance with the norms of international law. Despite the fact that international human rights institutions have a subsidiary character to national protection bodies, they provide considerable influence by making appropriate decisions based on the results of consideration of individual appeals from victims whose rights and freedoms are violated. The process of applying for the protection of rights and freedoms to international human rights institutions is a kind of one of the forms of activity of the relevant legal entity. The article highlights the main characteristics of international human rights institutions, which include: 1) contractual basis, 2) existence of defined goals, 3) appropriate organizational structure, 4) existence of independent rights and obligations, 5) possibility of considering applications from victims of rights violations and freedoms and the adoption of relevant decisions (conclusions, recommendations), 6) the possibility of influencing the defendant state, which violates the rights and freedoms of a person, 7) the permanent nature of the activity.

Access to justice as an element of the rule of law in the modern democratic state

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations.

Types and characteristics of human rights limitations

The scientific article explored various aspects of limitations on human rights and freedoms, including their classification, mechanisms, and application features. The article highlighted the distinction between direct restrictions on rights and limitations on their implementation, as well as voluntary and compulsory limitations. The main principle of the study was to ensure a balance between the protection of individual rights and the state’s need to ensure security and order. Various types of limitations that may arise in times of war or emergency were analyzed in detail, taking into account their legality, proportionality, and justification. Restrictions on human rights are only temporary in nature. Human rights can be limited only if this is directly provided for by the Constitution of Ukraine and does not contradict the norms of international law. Only in this case, restrictions can be considered legitimate and legal. It is also necessary to say that from the point of view of practical application, the problem of the relationship between private rights and state activity is particularly important for constitutional law: on the one hand, the state, and on the other, a person. We mean that the state is created by people for themselves, in order to protect their rights, but again, the state arises as a response to the inability of human society to live without it, without its power and limitations, the state becomes, as it were, the highest manifestation of social organization and order, the only guarantor of security, stability and development. To date, the issue of restrictions on human and citizen rights in the rule of law by state authorities has become the most urgent. The main facts of violation of human and citizen rights are violations by the state, as well as violations by individuals. The legislation of Ukraine stipulates that the rights and freedoms of a person and a citizen can be limited only to the extent that it is necessary for the security of the state, the population and the defense of the country. Therefore, the establishment of certain prohibitions caused by the specified legal regime should be of an exclusively temporary nature. The article also discussed the classification of human rights based on their content and the possibility of limitation, providing a basis for further research in this area. Thus, important aspects of restricting human and citizen rights were revealed, contributing to an understanding of their essence and scope.

Self-regulation of the digital economy in the conditions of the legal regime of martial state: codes of ethics

The legal regime of martial law led not only to changes in the legislation of Ukraine, but also to the activation of self-regulation of economic entities, which covers their internal organizational activities. War changes the conditions for the ethical conduct of digital business and adds certain features that should be reflected in a formalized collection of moral principles of the company. Codes of ethics are one of the important means of self-regulation of business entities in the digital economy. The digital economy is associated with the global movement of goods and services, so companies pay enough attention to the development and promotion of ethical principles and the formation of a certain collection based on them - a code of ethics. The purpose of the study is to determine the peculiarities of ethical codes in the field of the digital economy after the full-scale invasion of russia on the territory of Ukraine. It has been established that economic entities of the digital economy are obliged to take into account and enshrine in ethical codes the peculiarities of carrying out activities under the conditions of the legal regime of martial law. At the same time, it is not enough to have only the formal consolidation of ethical principles in the relevant internal documents of the company, their practical implementation is mandatory. Adherence to the norms of international law (transnational public order) is the duty of a socially responsible civilized business, which should help to recognize the ethical norms of the company, taking into account the peculiarities of the state of war. It is important that companies take responsibility, and not wait for a ban from the state, which needs time to change the regulations. It has been proven that the ethical codes should undergo changes, with the obligatory fixing of provisions: the company does not cooperate with business entities of the aggressor state and with persons who support and cooperate with them; the company does not work in the aggressor state and states that are accomplices and support aggression. Such a position should be formed not only on the basis of legislative prohibitions, but in the case of a regulatory gap, the company’s policy should be revised in order to implement such an idea to achieve the goals of the rule of transnational public order.

Regulatory Legal Acts Pertaining to the Transplantation and Manufacture of Medical Devices from Human Organs and Tissues

The need to include specialized norms of modern Russian law in legislation governing the manufacture of medical devices from human biological material is considered on the example of normative legal acts regulating relations. A retrospective analysis of the development of legal regulation in the field of the use of human biomaterial in medicine, reveals the origins of the discussed issue. Current legislation in the Russian Federation in the field of organ and tissue donation for the purposes of transplantation and the use of human biological material for the production of medical devices is examined taking a specialized legal approach. A current lack of legal regulation in this area is revealed. While some issues associated with the use of human biomaterial for the manufacture of medical devices are fixed at the level of by-laws, the production of medical devices and biofabricated products is hindered by a lack of legal regulation in these areas of contemporary medicine. Required improvements in the legal foundations of regenerative and reconstructive medicine in the Russian Federation will involve the development of an independent federal law that includes norms and definitions for delimiting the provisions of regenerative and reconstructive medicine in related fields of medicine. As well as distinguishing between basic concepts in the fields of replacement-, regenerative- and reconstructive medicine, the definitions of these concepts must be consolidated in normative legal acts. Proposed definitions related to medical technologies and the use of human biomaterial are presented in the form of a new terminological glossary of innovative technologies involving the use of human biological material.

Transport statutes in the system of sources of law of Ukraine

The article is devoted to the issues of transport statutes as sources of transport law of Ukraine, their validity and ability to effectively regulate social relations in the field of railway, road, and inland water transport, taking into account the changes that have occurred in social, political and socio-economic life over the past time on the restoration of Ukraine’s independence in 1991. The author analyzes the formal preservation of the validity of the relevant legislative acts of the Soviet era, taking into account the normative legal acts adopted in 1991 on a legal succession of Ukraine. The author emphasizes that from a formal and legal point of view, the transport statutes of the Soviet era remain valid, however, due to the contradiction of a significant part of their norms with the legislation adopted later, these normative legal acts are increasingly losing their legal influence on social legal relations and are subject to the action of such a phenomenon as “forgetting the rules of law”. At the same time, it was noted that proposals to abandon transport statutes in favor of a cumbersome codification of transport law norms (by raising the norms of statutes to the level of law) are irrational since an overly detailed Transport Code of Ukraine or codes of laws in the fields of road, rail or inland water transport will not be simple in use and will not meet the technical and legal requirements to the law. As a result, the author concludes that transport statutes in general are necessary regulatory legal acts. Still, their current editions are to a large extent morally outdated and such that they urgently need a radical revision to bring them into line with the changed norms of the legislation of Ukraine and take into account the need for adaptation of the national legal system to the law of the European Union. Thus, the application of their current editions in practical activities should be carried out after a thorough legal examination for the relevance of certain provisions.

Corruption: From International Law and Ethics to Realpolitik and Amoralism

Abstract In this essay, a philosophical and critical lens is applied to the case of corruption. For reasons having to do with both analysis and assessment of the framework of the only specialized convention at the international level of law, namely the United Nations Convention Against Corruption (uncac), the author takes a closer look at several aspects and areas that somehow fade into the background of the discourse or even fall out of the legal corruption equation itself despite their centrality to the topic. Examples include considerations of market theory, marginalization and discrimination, human rights, ethics, realpolitik, structural violence and corruption prevention, and norms of general international law. The essay also makes use of some country-specific scenarios, in part, to raise questions about possible ‘cracks’ in political governance typology. The essay is divided into two individual articles, Part i: ‘Perspectives on the Corruption Discourse’ and Part ii: ‘The Macro Area’.

Фактор историзма в преподавании уголовно-исполнительного права на юридическом факультете университета: инновационный подход к историческому аспекту

The author analyzes new forms of patriotic education of students of the law faculty of a classical university. In the process of teaching the academic discipline “Criminal Law of the Russian Federation”, it is recommended to analyze the norms of national law and the practice of its application relevant for the period of the Second World War. We can also recommend a broader study of the historical material of this academic discipline. To implement such innovative proposals, it is necessary to comprehend existing educational (work) programs in this discipline from new points of view.

The genesis of the casual interpretation of legal norms

The author examines the evolutionary development of ideas about the casual interpretation of legal norms. The subject of the study is the legal understanding of casual interpretation in the process of formation of state and legal institutions. The object of the research is scientific publications, monographs, textbooks, treatises and other historical sources containing conceptual information on hermeneutics, legal interpretation and, in particular, on the casual interpretation of legal norms. The purpose of the research is to reveal the paradigms of the emergence and causes of the transformation of views on the casual interpretation of the legal text. The coverage of the present issue determines the initial appeal to the origins of the formation of the hermeneutical methodology itself. The author focuses on such aspects of the subject as the initial object of hermeneutics; its main historical variations; the close connection between the emergence of hermeneutical ideas with the gradual transformation of society and its forms of organization; the problem of establishing criteria for the implementation of true interpretation. The methodological basis of the work consists in the application of a historical, logical, comparative and systematic approach. The result of the research is expressed in the establishment of dominant events that are significant for the formation of the concept of the casual interpretation of legal norms at various stages of the historical development of society. The novelty of the research is predetermined by an innovative view of the formation of the hermeneutics in the context of the development of legal casuistry and legal understanding of individual life situations. The author notes that the emergence of hermeneutical methodology most vividly correlates with the desire of the subject of law to use various interpretations of emerging incidents, including legal ones. The improvement of methods of interpretation of dreams, predictions, signs, and subsequently words and text led to the emergence and doctrinal formulation of the concept of casual interpretation of normative prescriptions. In conclusion, the author summarizes that today there is a similar general theoretical understanding of the casual interpretation of the norms of law as an independent type of interpretation.

The problem of the efficiency of criminal-legal protection of taxation in Ukraine

The paper analyzes the doctrinal definition of the taxation system of Ukraine as an object of criminal law protection. It was established that the criminal offenses provided for by Articles 204 of the Criminal Code and 212 of the Criminal Code encroach on one type of social relations - the taxation system. It is noted that the institution of legal responsibility, including criminal responsibility, is considered the most effective. It was determined that the resolution of conflicts and practical problems that arise during the qualification of the specified offenses is extremely important and precisely in today's realities and will contribute to increasing the effectiveness of criminal law protection in the field of taxation in Ukraine. Tax and contribution evasion are purposeful actions by taxpayers aimed at significantly reducing or completely avoiding the required payment to the relevant budget or trust fund. It should be noted that tax legislation is one of the most controversial and dynamic areas in Ukraine, constantly changing, supplementing, interpreting and adapting to new challenges of an economic and social nature in the country, while regulating and shaping tax policy. Changes and additions are often made to legislative acts in this area, which ensures flexibility of legal regulation of tax relations and at the same time violates such principles of construction and purpose of the taxation system as stability and affordability. We support the position of scientists that the object of criminal law protection is those social relations that are under the protection of criminal law. In the case of committing a tax criminal offense, on the basis of the norms of the criminal law, the criminal law qualification of the criminal act is carried out and the criminal law measures of influence are applied to the guilty person. Therefore, the issue of increasing the effectiveness of criminal law protection in the field of taxation in Ukraine, solving conflicts and practical problems that arise in the qualification of the specified offenses and legal assessment of committed actions, improving the conceptual apparatus is extremely important and relevant precisely in today's realities, because the financial security of the country is not the most important component of ensuring the possibility of implementation of state programs.

Functions of taxes and other public liabilities. Can thefiscal function be performed by remuneration received bycompanies with State Treasury participation on the basisof civil law relations?

The scope of the functions of taxes and the entire tax system has not been precisely defined by the Legislator.Both fiscal and non-fiscal goals/functions are implemented by the tax system. Ensuring budget revenues to fulfillthe redistributive function is the foundation of the tax law system. On the other hand, all tax law norms also fulfillmany other functions, including: stimulation, development, protection, social or political. However, the indicatedfunctions are implemented by general legal norms, in particular public law – tax law, through public finance ties and units. Constitutional guarantees regarding the manner and procedure of shaping tax law provisions ensurethe security of citizens/taxpayers with regard to public law obligations. The statutory exclusivity in shaping taxesand other public levies provides a guarantee for counteracting the authoritarian imposition of „universal financialobligations” on citizens (entities from the sphere of private l aw).The issue to be analyzed is to determine whether fiscal and non-fiscal functions can be entrusted by the State toentities from the sphere of private law – including: commercial law companies with State Treasury participation.The actual entrustment of such functions would take place outside parliamentary control and without regard tothe requirements and regulations applicable to public finance entities and units. Additionally, the takeover and,consequently, the implementation of non-fiscal functions (e.g. stimulating or political) by commercial law companieswould be in violation of the provisions regulating business activity and the standards regulating the functioningof commercial law companies.In practical terms, the way civil law relations are shaped by companies with State Treasury participation, whichactually implement State monopolies, may result in the imposition of general, additional, economically unjustifiedfinancial burdens on citizens and private entities.

Procedural Aspects of Overcoming Sovereign Immunity: Relevance for Ukraine and the International Legal Order (SDG'S)

Objective: The object of this research article is the procedural domestic and international aspects of overcoming the sovereign immunity of a State that has committed military aggression, violating international humanitarian law and human rights law, with a focus on compensation for the damage caused by such actions. Method: The method of study involves a critical analysis of the approaches taken by the Supreme Court of Ukraine to overcome jurisdictional immunity, in light of international law norms. The authors employs a combination of legal analysis, case law examination, and comparative analysis of international practices to evaluate the compliance of the court's decisions with conventional provisions on compensation for damages. Results: This research article analyses the procedural domestic and international aspects of overcoming the sovereign immunity of a State whose military aggression has violated international humanitarian law and human rights law, and on this basis raises the issue of compensation for the damage caused by such actions. Special attention is paid to the approaches to overcoming jurisdictional immunity by the Supreme Court of Ukraine. Taking into account the norms of international law, the author critically analyses the court's compliance with the conventional provisions establishing the procedure for consideration of cases on compensation for damages. The aggressor State's disregard for the norms and principles of international law, sovereignty of other States, and international good faith does not give rise to a disregard for the norms of international law based on the principle of reciprocity. The author emphasises that compliance with the rules on court proceedings must comply with the conventional requirements, and this should be the basis for national case law on school compensation. The authors analyses legal immunities and jurisdictional immunity of the State in particular in the context of ensuring justice, which, according to international standards, is the basis for fair treatment of victims of armed aggression and ensuring access to justice. Contribution: It is noted that the application of the rules of jurisdictional immunity is the basis for limiting the right to a trial, which should be proportionate. The authors identifies the prospects for the development of international practice of interpreting the areas of ensuring the right to a fair trial, in particular, based on the practice of international courts. The author summarises the directions of changing approaches to the validity of the application of absolute immunity, and the dynamic interpretation of the legitimate purpose of limiting the right to a court, which is necessary and permissible provided that the essence of this right is preserved. The author emphasises the importance of the effectiveness of reparations as a principle and its significance for the development and provision of transitional justice in Ukraine.

Institute Of Constitutional Complaint In The Republic Of Kazakhstan: Some Issues Of Theory And Practice

The beginning of the Constitutional Court’s operation in the Republic of Kazakhstan marked the posing of a large number of problematic issues that require their solution both at the level of legal theory and practice. The presented article is focused on the analysis of the constitutional complaint’s institution and the formation of suggestions aimed at improving the relevant provisions of the Law of the Republic of Kazakhstan «On the Constitutional Court of the Republic of Kazakhstan» (hereinafter referred to as the Law). The author, first of all, studies the issue on the system of entities having the right to file a constitutional complaint. The author states that the current wording of the Art. 45 of the Law unjustifiably narrows the range of such entities. A constitutional complaint is currently not available to foreign citizens and stateless persons, as well as to legal entities, which, according to the author, is a manifestation of discrimination. Besides, the author studies the issue on the subject matter of a constitutional complaint – regulatory legal acts of the Republic of Kazakhstan. It is concluded that the definition of the category of «regulatory legal acts» is borrowed from the Law of the Republic of Kazakhstan «On Legal Acts», which, in turn, is improperly formulated. In particular, it does not absolutely cover all types of legal acts containing the norms of law, which, therefore, «takes» them out of the scope of the subject matter of a constitutional complaint. It is offered that the Law of the Republic of Kazakhstan «On Legal Acts» should provide an independent type of regulatory legal act – a legal act of social partnership within the system of legal acts. The author pays attention at the end of the article to the need to increase the level of consistency of certain provisions of the Art. 45 of the Law with each other. As a result of the conducted research, the author offers the paragraph 1 of Part 2 of the Art. 45 of the Law in the following wording: «the disputed law or another regulatory legal act applied by the court, directly affects the rights and freedoms in a specific case with the participation of a citizen, and a judicial act was issued in the case, which entered into legal force». In addition, some recommendations were made in regard to Part 4 of the Art. 45 of the Law. As a conclusion, the author indicates the need to take systematic steps aimed at clarifying the provisions of the Law, to establish appropriate procedures, wide informing campaign for citizens about the limits of the competence of the Court, as well as to ensure studying the discipline of «Constitutional Procedural Law» by the students.

PERDEBATAN PELAKSANAAN PUTUSAN PENENTUAN HASIL AKHIR SENGKETA TANAH DI KALIMANTAN YANG DI JADIKAN SEBAGAI IBU KOTA NEGARA INDONESIA GEOPOLITIK DI INDONESIA

A dispute is a difference of interest between individuals or institutions on the same object that is manifested in the relationships between them. On August 26, 2019, President Joko Widodo announced the transfer of the country's capital (IKN) to East Kalimantan Province. To begin with, the National Development Planning Agency (Bappenas) has investigated various aspects related to the stage of ICT transfer. These include the economic impact, regional readiness, and the potential development of industrial areas. In the preventive protection of the law, the government should take into account the fate of the local citizens when making plans for the development of the ICT area, both in making decisions and decisions related to the construction of the Nusantara ICT. Following the decision to transfer the capital of Nusantara to the East Kalimantan Province, the transfer of land rights has increased, according to data from the Regional Office of the National Agriculture Authority of the East Calimantan province. By 2020, the rights to land were transferred through a sale agreement at 175 locations in the territory of the capital of Nusantara. By 2021, the number of transactions has increased significantly to 294. Based on these backgrounds, researchers are interested in conducting research entitled “Debate on the Implementation of the Final Decision of the Land Dispute in Kalimantan which is to be made the capital of Indonesia”, through two issues to be discussed, namely, First, the setting up of land freezing as part of the ICT program in East Kalimanthan and Second, on the social impact of the land-freezing program on citizens in particular in East Calimantan. The research method in this research uses normative law research.

Temporal And Spatial Competition Of Criminal Law Norms In The Crime Classification Process

Overcoming the collision of criminal law norms is an important issue in the crime classification process. The principles of criminal law oblige to accurately investigate the criminal conduct and to impose an appropriate criminal liability against those who committed the crime. Addressing the issue, however, remains a rather complex matter due to a series of objective and subjective circumstances. The collision of criminal law norms is an encompassing phenomenon that is present in the entire process of the development of criminal law relations – from the fact of committing the crime to the removal or nullification of the criminal record. The objective of the following article is to comprehensively investigate the issues related to the temporal and spatial competition of criminal law norms within the scope of crime classification process. The subject of the study was examined with the use of general and special scientific methods, such as dogmatic, comparative legal, logical and legal modelling. On the basis of the conducted research the article presents practical-scientific recommendations related to the crime qualification process in view of competition of criminal legal norms that exist at different periods of time (temporal competition), as well as the competition of criminal law norms of the Republic of Armenia with foreign and international legal norms (spatial competition).

Территориальное общественное самоуправление: мотивирующая роль законодателя

The article discusses the impact of the norms of law on the establishment and activity of territorial public self-government. It is shown that in the absence of the obligation of citizens to create this form of self-government, the presence of targeted normative regulation plays a motivating role in the creation and organization of the work of the association.

Norms of administrative and procedural law (to the discussion of their structure and constituent elements)

The article analyzes scientific approaches to determining the structure of administrative- procedural norms and formulates the author’s approach to solving the specified scientific task. The specificity of the structure of the norms of procedural law in comparison with substantive norms is noted. It is emphasized that the hypothesis is an element of the structure of the administrative- procedural norm, which contains an indication of legal facts, the occurrence of which is associated with the «start» of the action of the disposition. It is also emphasized that the absence of a hypothesis as a structural element of the administrative- procedural legal norm makes its effectiveness impossible, or even its implementation at all. It is argued that the disposition of the administrative-procedural norm is a set of rights and legal obligations, a rule of conduct, according to which the participants of administrative- procedural relations act in the presence of the hypothesized circumstances. The disposition may contain options for choosing behavior for the participant in the proceedings, providing him with an alternative in his legal behavior during the consideration of the case and decision-making. In other words, the disposition fully reveals the potential of the dispositive method of legal regulation of the relevant legal relations. It is noted that among the elements, along with hypothesis and disposition, it is expedient to outline incentive as an element of the norms of administrative and procedural law, which establishes positive (incentives, guarantees) or negative (procedural coercion, restrictions, including warnings; removal from the courtroom; temporary removal evidence for examination by the court; pretext; fine; refusal of a procedural act, which was adopted by this procedural norm; recognition of evidence as improper, which was obtained in violation of the law; leaving the statement of claim without consideration or movement, etc.) legal consequences of implementation/non-implementation of its prescriptions.