Components of the normative element in the mechanism of legal regulation of civil relations
Creators: name: Kostruba, Anatoliy
Publisher: name: figshare
Year: 2020
Subjects: subject: 180121 Legal Practice, Lawyering and the Legal Profession
subject: FOS: Law
subject: 180107 Conflict of Laws (Private International Law)
subject: 180124 Property Law (excl. Intellectual Property Law)
subject: 180116 International Law (excl. International Trade Law)
subject: Law
subject: 180126 Tort Law
subject: 180103 Administrative Law
subject: 180199 Law not elsewhere classified
subject: 180104 Civil Law and Procedure
subject: 180113 Family Law
subject: 180114 Human Rights Law
subject: 180119 Law and Society
subject: 180109 Corporations and Associations Law
subject: 180117 International Trade Law
subject: 189999 Law and Legal Studies not elsewhere classified
subject: 180105 Commercial and Contract Law

description: The article is devoted to the study of the structure of the normative element of the mechanism of legal regulation of social relations. The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms which regulate social relations. At the same time, under current conditions of the society development such regulation is achieved with minimal normative of the state. Scientists claim the variability of the normative element of the mechanism of legal regulation of social relations. The normative regulator is not the only way of influence on the subject’s assessment of abilities in the social environment. The abovementioned is manifested in the field of relations free of the state imperative pressure – relations, which formation is conditioned by the sphere of a person’s private life. Legal regulation of social relations in this field is achieved through the mediation of other regulators which have a common nature with the legal norm but a subjective limitation of their obligation. Variability of the parameters making their content and essence may not always be fit into previously established normative regulators. Therefore, the legal norm may not regulate certain types of social relations. Moreover, the disposition of legal norms may not even meet the real needs of the subjects of a particular relationship. Or vice versa, a legal norm may contain only declarative principles or definitions, complicating the appropriate level of legal regulation of relations. It is proved that legal norm is not a fundamental element of the mechanism of legal regulation of social relations, through which relations between the society members from the essential field to the real field and formation of corresponding legal relations between them are regulated. Corresponding regulatory influence is provided by other regulators of various legal nature, but of identical axiological significance. The author argues that along with the legal norm the legal means for ensuring the mechanism of legal regulation of public relations include alter-normative regulators (agreement, practice), which represent a mutually agreed formation and further application of a corresponding normative structure to the specific model of behaviour of the participants of legal relations. Besides, over-normative (legal principles) and quasi-normative (judicial acts) regulators are distinguished along with normative and alter-normative regulators. Since regulatory influence on public relations goes beyond the legal norm, the corresponding element of the mechanism of legal regulation requires its structural adjustment. The scientist coins a term <i>a normative construct as </i>set of legal concepts identical to the legal norm for description of an element of the mechanism of legal regulation of social relations