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On the structure o f legal norms and relationship.. 11
presumed situations, and suggests im plem entation of laws is for sure made
measures taken by the state if there is easy and precise.
no compliance of regulations. This school We can illustrate the logical
of legal norms is more predom inant and structure of a legal norm consisting of
accepted [1; p.380-391]. Besides their three components: presum ption
own peculiars, legal norm s share much regulation - sanction as follows:_________
similarity with other social norms. Their
inner architecture - the division into Form ula of legal norms:
components and relations among them - _______ I f - then - otherwise...________
constitutes the structure or more
With regard to the function, the
exactly, the logical structure of legal
behavioural legal norm is fully
norms. Presum ption is closely linked
established only when all the three
with regulation; regulation, in turn, is
components are consistently in place.
tied with sanction and vice versa.
W ithout presumption, legal norms are
It is believed by some th a t the three meaningless; w ithout regulation they do
part logical structure of a legal norm not exist; w ithout sanction they have no
may be nothing more th an an invention power of enforcement. The structure of
and explanation by scholars and law legal norms, hence, can be seen as a
practitioners rath er th an legislators. logical relationship among presumption,
When coming to the im plem entation of regulation and sanction. Presum ption
laws, w hat really m atters is the indicates the capacity to anticipate
comprehension and execution of legal situations in the real life to be listed in
norms. Such belief, however, is not legal norms. Regulation helps concretize
necessarily the case. In term s of legal policies into such presum ed
structure, the expression of a legal norm situations under the forms of
does not merely belong to academia, both prohibitions, obligations or permissions,
scholars and law practioners. In including alternative behavioural
contrast, it belongs to legislators too and solutions. Sanction shows the threat,
is one of the legislative technical issues. impositions of specific law enforcing
The three parts of legal norms bear m easures upon the subject who violates
practical significance in understanding, the legal norms. Sanction m ust have
perceiving and executing the norms in enough strictness and strength of threat,
the right way. If law m akers (broadly prevention and education both
referring to those who build and universally and specifically.
promulgate legal documents) are able to
As far as the form (expression) of a
state explicitly and in a clear-cut way
legal norm is concerned, the formula
the three components of every legal
mentioned above is true in most cases.
norm then the acquisition and
REFERENCES
1. Giáo trình Lý luận chung về nhà nước và pháp luật của Khoa Luật, Đại học quốc gia
Hà nội, NXB ĐHQG HN, 2005, tr.380 -391.
2. M. A. Mialeva, Hiến pháp xã hội chủ nghĩa, NXB Pháp lý, Matxcơva, 1981, tr.131-135
(Tiếng Nga)
3. Nguyễn Quốc Hoàn, v ề cơ cấu quy phạm pháp luật, Tạp chí Luật học, 4/2000.