Structure of legality

Legality is a system of requirements and principles, which guarantee implementation of fundamental legal values in relevant laws and other legal norms, its realization in actual behavior of all participants of social relations. The main structural elements of the legality are the requirements of legality, the principles of legality, the mechanism for the implementation of the requirements and principles of legality. The requirements of legality are correspondence of legislation to real needs of social relations; implementation of will and interests of the majority of subjects in laws; the compliance of laws and other legal acts to the natural law and moral principles; legislative recognition of the inalienability of fundamental rights and freedoms of a person and a citizen; the rule of law in the system of legislation; strict observance of competence and procedure of passing laws and legal acts; the requirement of strict and constant law observance and obeyance of laws by all subjects of law; existence of a control and oversight system over strict and constant law observance and obeyance of laws by all legal subjects, including the state, its departments and officials. The principles of legality are strict observance of the hierarchy in the system of legal acts, unity of the legality, reasonability of the legality, inadmissibility of the opposition of law and justice, universality of the legality. The mechanism for implementation of the requirements and principles of legality includes: - the system of state authority, allowing to enact laws appropriate to the needs of legal regulation of social relations, to create methods and facilities to identify such needs, excluding negative effects such as voluntarism and subjectivism in lawmaking, the lag of law from the changing needs of society, hindering social progress; - the mechanism of identification of inefficient legal norms, scientific analysis of new social relations, comprehensive scientific prediction of possible consequences of new laws; - mechanism of legal education.

Keywords

Authors

References