ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS

Objective: to determine the concept and features of deviations from declarative normes.Methods: the concept and features of deviations from the principles of law are disclosed on the basis of scientific methods: analysis, synthesis, induction and deduction, etc.Results: in this article we have for t...

Full description

Bibliographic Details
Main Author: V. V. Guryanova
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2015-12-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1960
_version_ 1826928611450421248
author V. V. Guryanova
author_facet V. V. Guryanova
author_sort V. V. Guryanova
collection DOAJ
description Objective: to determine the concept and features of deviations from declarative normes.Methods: the concept and features of deviations from the principles of law are disclosed on the basis of scientific methods: analysis, synthesis, induction and deduction, etc.Results: in this article we have for the first time concluded that it is necessary to distinguish deviations from the declarative and constitutive norms (norms-principles): the constitutive norms include principles, while the essence of declarative norms is to describe and report certain le- gally significant information, in opposition to the ban, the recommendation, the requirement of the act. In addition, we identified that in isolation from specific legal relations arising on the basis of the regulatory norms, there are no deviations from the declarative norms. However, in case of violation of regulatory norms, the information contained in the declarative norm can be refuted. Consequently, deviations from the latter take place during the violation of regulatory norms.217Теория и история права и государстваTheory and history of law and stateАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Scientific novelty: for the first time in the theory of law, the deviations from the declarative norms are considered as a kind of deviant legally significant behavior. In this paper we defined the concept and features of deviations from the declarative norms.Practical significance: the main provisions and conclusions of the article can be used in research and teaching activity when considering questions about the essence and features of deviations from the declarative norms.
first_indexed 2024-03-08T23:15:57Z
format Article
id doaj.art-f7a50732e6f94e49981cc942d735af2c
institution Directory Open Access Journal
issn 2782-2923
language English
last_indexed 2025-02-17T15:52:12Z
publishDate 2015-12-01
publisher Tatar Educational Center “Taglimat” Ltd.
record_format Article
series Russian Journal of Economics and Law
spelling doaj.art-f7a50732e6f94e49981cc942d735af2c2024-12-18T11:47:01ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232015-12-010421421810.21202/1993-047X.09.2015.4.214-2181958ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMSV. V. Guryanova0Institute for Social and Humanitarian Knowledge, KazanObjective: to determine the concept and features of deviations from declarative normes.Methods: the concept and features of deviations from the principles of law are disclosed on the basis of scientific methods: analysis, synthesis, induction and deduction, etc.Results: in this article we have for the first time concluded that it is necessary to distinguish deviations from the declarative and constitutive norms (norms-principles): the constitutive norms include principles, while the essence of declarative norms is to describe and report certain le- gally significant information, in opposition to the ban, the recommendation, the requirement of the act. In addition, we identified that in isolation from specific legal relations arising on the basis of the regulatory norms, there are no deviations from the declarative norms. However, in case of violation of regulatory norms, the information contained in the declarative norm can be refuted. Consequently, deviations from the latter take place during the violation of regulatory norms.217Теория и история права и государстваTheory and history of law and stateАктуальные проблемы экономики и права. 2015. № 4Actual Problems of Economics and Law. 2015. No. 4Scientific novelty: for the first time in the theory of law, the deviations from the declarative norms are considered as a kind of deviant legally significant behavior. In this paper we defined the concept and features of deviations from the declarative norms.Practical significance: the main provisions and conclusions of the article can be used in research and teaching activity when considering questions about the essence and features of deviations from the declarative norms.https://www.rusjel.ru/jour/article/view/1960egulatory normsconstitutive normsdeclarative normsdeviations from declarative normsthe constitution of the russianfederation
spellingShingle V. V. Guryanova
ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
Russian Journal of Economics and Law
egulatory norms
constitutive norms
declarative norms
deviations from declarative norms
the constitution of the russianfederation
title ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
title_full ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
title_fullStr ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
title_full_unstemmed ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
title_short ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS
title_sort on the issue of deviations from declarative norms
topic egulatory norms
constitutive norms
declarative norms
deviations from declarative norms
the constitution of the russianfederation
url https://www.rusjel.ru/jour/article/view/1960
work_keys_str_mv AT vvguryanova ontheissueofdeviationsfromdeclarativenorms