作战覆盖法律规范的特征和类型

V. G. Golubtsov, O. A. Kuznetsova
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引用次数: 0

摘要

导言:实施法律规范的一个基本前提是其法律效力期限和覆盖范围的参数,这些参数由操作和覆盖范围的法律条例管辖。本文讨论了操作性法律规范和覆盖性法律规范的特点,它们之间的关系是如此紧密,以至于它们可以被称为操作性和覆盖性法律规范。作者在各种标准的基础上对这些规范进行了分类,并给出了它们的逻辑结构。目的:描述各种类型的业务和覆盖法律规范,模拟其结构,确定其功能。方法:采用一般科学的辩证认知方法进行研究;作者运用了形式逻辑与辩证逻辑、功能方法、分类方法;还采用了特殊的法律方法:使用形式教条方法来确定规范性法律材料中的业务和覆盖规范,使用法律建模方法来模拟其结构。结果:业务规范确定具有法律效力的法律规范的日历期限,确定其生效日期或失效日期。覆盖法律规范决定了法律规范在空间上(即在其运作的领土上)、在人的圈子上和在时间上的效果;它们分别分为覆盖区域、主题导向和覆盖时间。操作和覆盖法律规范的结构如下:“法律规范A于N日生效,涵盖(有效)领土X”;“法律规范A于某日生效,涵盖(对)主题Y”;法律规范A于N日生效,适用于N日之后(预期操作)或N日之前和之后(追溯操作)产生的法律关系;“在N日失效的法律规范A涵盖了在N日之前产生并在N日之后继续存在的关系(超活跃操作)。”
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FEATURES AND TYPES OF OPERATIONAL-AN-COVERAGE LEGAL NORMS
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)’.
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