The Constitutional Court recognized as constitutional the norms of the Code of Administrative Offenses on violation of procedures and rules for ensuring transport security

Simple and complex dispositions of law

Simple ones contain a single right, obligation or prohibition. For example, according to Article 80 of the Civil Code of the Russian Federation, the responsibilities of the father and mother include the maintenance of their small (under 18 years old) children. Here we demonstrate a rule of law in which the position consists of only one obligation - the maintenance of children by parents. A complex disposition contains two or more rights and duties or prohibitions. For example, the norm of paragraph 3 of Article 31 of the Family Code tells us that “family relationships must be built on the basis of mutual respect and mutual assistance, and the couple is obliged to help strengthen the family and take care of their children (by law up to 18 years of age) and ensure their well-being and development "

This example demonstrates an article that has three responsibilities:

• the obligation to build relationships between spouses in a certain way;
• the duty to promote the well-being and strengthening of the family;
• duty of care for children.

We can consider another example.

What is disposition

Ideally, a rule of law includes three interrelated parts: hypothesis, disposition and sanction.

Analysis of their content allows a person to understand the logic of the legislator and not violate anything.

Hypothesis

A hypothesis is a condition for the application of a normative prescription. It answers the questions “if”, “when”, “if something happens”.

For example, based on Part 5 of Article 28 of the Civil Code of the Russian Federation, the head of a peasant farm may be a citizen registered as an individual entrepreneur. The hypothesis of the above norm is the presence of Russian citizenship and a certificate of registration of individual entrepreneurs.

Disposition

Disposition in law is a model of behavior of a subject within the legal field.

It may contain the following provisions:

1. rights and obligations of individuals and legal entities;
2. powers of government bodies;
3. prohibitions on committing certain acts;
4. legal principles.

In essence, the structural element shows how law-abiding citizens, foreigners, officials, and organizations behave.

For example, according to Part 1 of Article 32 of the RF IC, a person can leave a premarital surname, take the surname of a partner or a double surname.

Separately in science, norms and definitions are distinguished. In them, the disposition provides an explanation of legal terms.

For example, according to Article 2 of the Law of the Russian Federation “On Education”, a curriculum is a document that defines the list, complexity, sequence and distribution of various disciplines, practices and other types of educational activities during training.

Sanction

Sanction is the consequences that occur as a result of the implementation of a disposition. They can be negative or positive.

For example, according to Article 6.1.1. The Code of Administrative Offenses of the Russian Federation for assault provides for punishment in the form of a fine in the amount of 5,000-30,000 rubles, administrative arrest for 10-15 days or compulsory labor for a period of 60-120 hours. This is an example of a negative sanction. The disposition here is beating.

According to clause 18 of the Disciplinary Charter of the Armed Forces of the Russian Federation, for courage and courage during the performance of military duty, military personnel can receive state awards, a Presidential Certificate of Honor, departmental insignia, and gratitude. This is an example of a positive sanction. But the manifestation of courage and bravery is a disposition (model of legal behavior).

Alternative and non-alternative dispositions of law

Depending on the variability of complex dispositions, which include two or more rules, they can be constructed as alternative or non-alternative.

Alternative dispositions are when, to implement a rule, it is enough to implement only one of the listed rights, obligations and prohibitions. Let's consider paragraph 3 of Article 32 of the Family Code: “in the event of divorce, spouses have the right to retain their common surname or restore their premarital surnames.” Here both parties have the opportunity to make their own personal choices. The hypothesis goes like this: if the parties plan to enter into a divorce agreement, then the husband and wife can keep their common surname or return their old surnames at their own request.

Non-alternative dispositions - contain several rules, and require the implementation of all of them together. Let's consider an example from clause 3 of Art. 31 IC RF. This is also a complex norm. Here we see that the performance of one duty does not relieve either spouse from the performance of subsequent, remaining duties listed below. Spouses must fulfill all the duties listed in this norm for the sake of family life.

Examples of structuring legal norms

Let's look at examples from various laws:

Examples of the Criminal Code of the Russian Federation

An illustration of the hypothesis in the Criminal Code of the Russian Federation is paragraph 1 of Art. 20 of the Criminal Code of the Russian Federation, listing the conditions under which a person is subject to criminal liability (reaching a certain age).

Almost all protective articles contained in the special part of the Criminal Code have a dispositional-sanction structure.

Article 153 of the Criminal Code of the Russian Federation provides that the substitution of a child committed for selfish or other reasons (disposition) is punishable by imprisonment with a fine and the specific amount of each type of punishment (sanction) is indicated.

If suddenly you didn’t already know, then we advise you to read the article about what types of administrative penalties exist.

Examples from the Constitution

Constitutional norms and regulations of Russian legislation, as a rule, have a one-element or two-element structure:

1. Part 2 Art. 110 of the Constitution represents one disposition and declares that the government of the Russian Federation consists of a Chairman, deputies and federal ministers.
2. Part 4 art. 99 of the Constitution contains a hypothesis declaring that if the State Duma of a new convocation begins to work, then the State Duma of the previous convocation ceases its powers (disposition).
3. Articles of the Constitution that provide for liability have sanction (clause 1 of Article 93 of the Constitution of the Russian Federation).

Examples of the Civil Code of the Russian Federation

The peculiarity of the norms and regulations of civil law is their regulatory type:

1. Part 3 of paragraph 2 of Article 21 of the Civil Code indicates that if the marriage is declared invalid (hypothesis), the court has the authority to decide that the minor spouse loses full legal capacity (disposition). Civil law norms, as a rule, do not contain instructions on the legal consequences of non-compliance.
2. For a sample article containing a sanction, one can name Art. 169 of the Civil Code of the Russian Federation, which provides that, in the event of a void transaction, the court may recover as income to the state everything received under such a transaction.

Examples of the Code of Administrative Offenses

An illustration of the hypothesis in administrative law can be found in Part 1 of Art. 2.1 of the Code of Administrative Offenses, which provides for certain criteria under which an action or inaction will be recognized as an administrative offense (illegality, guilt, etc.).

The legal norms of the special part of the code are similar in structure to the norms of the special part of the Criminal Code. They contain a disposition indicating that, in case of failure to comply with the requirements of the traffic rules regarding the designation of a maneuver (Part 1 of Article 12.14 of the Code of Administrative Offenses of the Russian Federation), the violator will be warned or subject to the imposition of an administrative fine (sanction).

The question of the structure of the rule of law is debatable. The most common point of view is its three-element structure, however, as can be seen in practice, this combination is quite rare and norms with two or even just one element are much more common.

Watch the video in which a specialist explains the definitions of hypothesis, disposition and sanction:

Obliging, prohibiting, authorizing dispositions of law

According to the method of influence, they can prohibit, oblige and authorize.

Binding disposition . The examples from the previous definitions are variants with binding dispositions. The name itself suggests that a binding disposition forces the subject to perform a certain action. Let's look at the example of the above-mentioned article: the duty of a husband and wife is to support their children. It was determined by the disposition in relation to the subject, in this situation – the parents.

An empowering disposition gives the subject some right, for example, according to paragraph 1 of Article 80 of the RF IC, parents have the right to enter into an agreement on the maintenance of their minor children. This type of disposition in this case determines what role each parent plays in raising their children. One example of an enabling disposition is an agreement regarding the payment of alimony. But this does not have to be done, and the absence of an agreement will not be punished in any way. This is the right of each spouse, with the consent of the other, to conclude an agreement with each other. A married couple can either enter into it or refuse this procedure.

Prohibiting disposition. A prohibitory disposition, unlike an empowering disposition, contains a specific prohibition. This prohibition can be formulated in two ways: direct and indirect. As an example, let us cite the order that during a wedding it is impossible to combine surnames if one of them already consists of two words. With such a disposition, both parties are prohibited from combining surnames, the registry office is prohibited from registering their surnames, making it a triple one, since this is not prescribed by law. Prohibiting dispositions are created in order to prevent violation of any laws, taking advantage of the fact that the laws do not contain information about permission or prohibition of performing a particular action. This is a prohibitive disposition. It is closely related to a hypothesis - an element of a rule of law that indicates the performance or non-performance of some action if a particular condition is met or not met.

Examples of a combination of hypothesis, disposition and sanction in different norms

According to the type of structure, legal norms are ideal and real.

The first ones consist of all three parts. Moreover, elements may be present in different articles or even separate regulatory documents.

For example, in accordance with Part 1 of Article 161 of the Civil Code of the Russian Federation, contracts worth more than 10 thousand rubles must be concluded in simple written form (certain types require certification from a notary). And from Part 1 of Article 162 of the Civil Code of the Russian Federation it follows that ignoring such an order deprives the parties of the opportunity to present evidence from witnesses in the future.

Let's break down the given norm into elements:

1. Hypothesis . One of the parties to the relationship is a legal entity, and certification of the transaction by a notary is not necessary.
2. Disposition . A simple written form must be followed.
3. Sanction . The parties cannot refer to witnesses to confirm the fact of conclusion and terms of the transaction.

an ideal structure is rarely found in legislation . Most provisions contain only “hypothesis + disposition” or “disposition + sanction”. And norms-goals, principles and definitions consist of only one element.

What is disposition in literature and music?

In literature, disposition is a standard composition for the Middle Ages, that is, the structure of an essay. And in music, a disposition is a list of characteristics that an organ has. These are the meanings of this word.

As you can see, indeed, disposition is a very complex term that has so many meanings that it’s impossible to list them all. Therefore, the emphasis was on legal disposition, since it is the main scope of application of this term. However, social norms and even parental prohibitions can also be considered dispositions.

Disposition in psychology

In psychology, disposition is a person’s willingness to act in a certain way or a predisposition to commit a certain kind of action. In certain cases, disposition is a positive phenomenon, in others it is negative. It all depends on what action a person is ready to perform. An example of a disposition in psychology is a predisposition to alcoholism, which is expressed in the fact that under certain conditions a person can drink, and is even likely to do so.

The same goes for potential criminals. Understanding what dispositions a person has helps to significantly reduce the risk of any problems arising in society. In this regard, the concept of disposition is very actively used in social work, since this term characterizes a person as maladjusted. Accordingly, she needs to be resocialized and adapted so that she accepts social norms and becomes a full-fledged member of society.