Matter of private law

Any rule of law contains a rule and the legal energy necessary for its implementation in the process of rulemaking, law enforcement, and scientific research. The rule of law is material. It is a system that consists of two elements. In the rule of law, the legislator fixes the rules of conduct. Its implementation assumes a certain dynamics that ensures the movement of the law enforcement process. Without this element, it is difficult to explain the law enforcement activity, its stages and their effectiveness. A rule of law is not a monolith, but a complex material system, the study of which can positively affect the effectiveness of rulemaking, current legislation and the practice of its application. Thus, a rule of law consists not only of one rule, but also of that part of it that prompts the rule to be realized, i.e. legal energy, without which it (the norm) is dead, i.e. it is not able to "work", act. A rule of law is an accumulator of legal energy, which in its scope and impact depends on the type of norm, its belonging to a certain branch of law and the form of its implementation: fine, reprimand, detention, imprisonment, etc. Legal energy provides the dynamics of the rule of law, its implementation. The forms of implementation of the rule of law are the application, the use of legal energy, ensuring its dynamics. In science, four forms of implementation of the norms of legal matter are defined, therefore, it is necessary to talk about four forms of manifestation of legal energy: compliance, execution, use, application. This is manifested in detail in the implementation of the norms of any branch of Russian law, including labor law. At present, it is necessary not only to investigate the legal energy, not only to explain this element of the legal norm, but also to investigate the dynamics of its use, formulate a general approach to the movement, dynamics of the legal norm, a unit or a set of units of its measurement, use.

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