It is the value regulator of social relations. Law as a normative regulator of social relations

1. Law as a special regulator of social relations

Since the emergence of human society, there has been a need to regulate the behavior of individual individuals and the relationships between them. The first forms of such regulation were religious norms, customs, and morality.

Morality is a system of principles of a person's intimate relationship to the world from the point of view of due. Morality is formed in the mind of a person, determines only the inner sphere of his actions. The nature of morality and the relationships based on it does not imply the possibility of requiring appropriate actions from another subject, that is, the moral relationship is one-sided: the individual who implements the moral norm fulfills his personal moral duty.

Religious norms, norms of etiquette, customs, as well as moral norms, also do not grant authority to anyone, but establish only positive and negative duties (to do or not to do something). They require only external formal compliance of behavior with norms, but do not imply actions aimed at ensuring them.

In the future, with the development of both the individual and society as a whole, relations appeared that required the right of a particular person, society, and then the state to force specific individuals and the whole society to fulfill their duties. Thus, a specific regulator of social relations arose - law.

Law manifests itself as a specific order of social relations, the participants of which have a certain social freedom to act in one way or another, enshrined in the duties of other persons. The measure of this freedom is determined by socially recognized and obligatory for all rules of proper behavior of members of society6. V.M. Korelsky assesses the role of law as follows: “With the help of law, the necessary legal order is ensured in society, social conflicts and contradictions are resolved. In a word, law serves as a kind of hoop that keeps society from self-destruction”7.

The specificity of law lies in the fact that, on the one hand, it is a regulator of social relations, and on the other hand, it acts as a special form of these relations. Legal norms as socially recognized general rules streamline the behavior of subjects by giving them appropriate powers and duties. Everyone, within the limits of his rights, carries out self-regulation of his behavior, since he is free to act as he wants and, in addition, can demand appropriate behavior from other subjects. Also, each subject is given the opportunity to protect their rights and demand their restoration in case of violation. Such protection can be carried out both by the authorized state body itself and by a special state body, including by imposing coercive sanctions on the offender. This is the main difference between the legal regulation of social relations and other types of regulation of the behavior of members of society.

In modern conditions, the norms of morality, law, religion are a single system of social regulatory regulation and are in constant interaction. They have their own, clearly defined “competence”, regulate human relationships that are different in nature. This connection Professor V.M. Korelsky reflects as follows: “Law as the art of goodness and justice, the embodiment of the achievements of world culture and civilization, brings information about the good and fair to society and constantly nourishes it with humanistic ideals and values. At the same time, it drives out of society alien attitudes and habits.

Although law and morality are closely related, the differences between them are very significant. Legal norms arise in the process of legislative and judicial practice, the functioning of the relevant institutions of society and the state, and morality is formed in the spiritual sphere of life. Moral norms are based on the ideas of good and evil, honor, dignity, decency, etc. that are formed in the minds of society, which are developed by philosophy, religion, art in the process of ethical understanding of the world.

These differences were analyzed by N.N. Tarasov and are presented in the table compiled by him9.

Differences between law and morality

	Right	Morality
Formation method	Fixed (published) by the state	Arises spontaneously
Form of Existence	In written sources	In the minds of people
Provision method	Provided by the state	Supported by the power of public influence
The nature of the regulatory impact	Through the regulatory mechanism	Directly through consciousness
Scope	Relations controlled by the state	Relations outside the control of the state

Several conclusions can be drawn from the above:

The concept of "social relation" is primary in relation to the concept of "law";

Law is a special regulator of social relations;

Not all social relations can and should be subject to legal regulation.

Uniformity of judicial practice, as well as the guarantee of the rights and legitimate interests of subjects of civil law of the Republic of Belarus. Within the framework of this chapter, the main attention is focused on the problems of implementing the principles of civil law in rule-making and law enforcement activities. Under the implementation of the principles of civil law, the author understands the implementation contained in them ...

In Anglo-Saxon. Here, the judge eliminates a gap in the law in the process of deciding a particular case by creating a judicial precedent. 3.2 Business practices. Another way to eliminate gaps in the law is business practices. Civil relations, except for laws, decrees of the President of the Russian Federation, government decrees, acts of Ministries, contracts, are governed by the customs of business ...

An unrecognized source of law, as well as the rules of conduct contained in it, have no legal (obligatory) value. 2. The system of sources of civil law 2.1 The Civil Code and its supplementary laws The main law of civil law in most modern states is traditionally the civil code, which establishes the most important norms of this branch of law and the system ...

55. 42. Stuchka P.I. The course of Soviet civil law. M., 1926. T. 1. 178 p. 43. Stuchka P.N. People's Court in questions and answers. M. - Pg., 1918. 60 p. 44. Sukhanov E.P. General trends in the development of civil law in foreign European countries - members of the CMEA. Abstract doc. legal Sciences. M., 1986. S. 34 - 37. 45. Chistyakov O.I. Legal consolidation of the economic gains of the October ...

The concept of law.

Law, like the state, is one of not only the most important, but also the most complex social phenomena. Even Roman lawyers, trying to understand what law is and what is its role in the life of society, drew attention to the fact that it is not limited to any one sense. Right, wrote one of them (Paul), is used in at least two senses. Firstly, law means that which is “always fair and good”, and secondly, it is that which “is useful to all or many in any state, what is civil law”.

As society and the state developed, people naturally changed their idea of law. Many different legal ideas, theories, judgments have appeared. However the original foundations laid by the Roman jurists, especially in such a branch of law as civil (civil), although in a modernized form, they have been preserved. First of all, this concerns such legal institutions as property, inheritance, purchase and sale, and many others.

They have not lost their significance for modern legal theory and practice, especially for a deep and comprehensive understanding of the essence and content of law, as well as its definition, provisions relating to natural law.

What is the "true law"? asked Cicero. And he answered, correlating law not only with justice and goodness, but also with nature itself, with the natural being of a person: this is “a reasonable position corresponding to nature, extending to all people, constant, eternal, which calls for the fulfillment of Duty.” Law, according to Cicero, by establishing certain restrictions and prohibitions, "forbidding, scares away from crime." However, it "does not order anything when it is not necessary, does not order honest people and does not forbid them, and does not influence the dishonest, ordering them anything or forbidding them."

The ideas and main provisions of natural law are reflected in the constitutional and current legislation of many modern states. For example, the Constitution of the Russian Federation provides that “fundamental human rights and freedoms are inalienable and belong to everyone from birth” (Part 2, Article 17). This means that they are not bestowed or established "from above" by any state or other body, but arise and exist due to natural, independent reasons.

The influence of the idea of natural law can also be seen in the Japanese constitution, which proclaims that “the people freely enjoy all the fundamental rights of man” and that these rights, “guaranteed to the people by this Constitution, are granted to present and future generations as inviolable eternal rights” (Article 11).

Despite the fact that many provisions of natural law are recognized and enshrined in the constitutions of a number of countries, attempts to define the general concept of law based on and referring to natural law in combination with positive law are perceived ambiguously in domestic and foreign literature.

Thus, some authors believe that the “broad vision” of law that they share, its understanding “in the meaning of the validity recognized in a given society, its practical life, the justification of the freedom (possibility) of a certain behavior of people” and the concept of natural law are in their essence and content “ two things coinciding, in principle unambiguous. (Alekseev S.S. Philosophy of Law. 1997) At the same time, positive law is perceived as “real, existing in laws, other documents, actually tangible (and therefore“ positive ”) regulatory regulator, on the basis of which legally unlawful behavior is determined and taken out by the courts , other state institutions legally binding, imperative-authoritative decisions ”(Alekseev S.S. Philosophy of Law. 1997).

At the same time, other authors proceed from the fact that a “broad” legal understanding, “introducing into the legal theory the previously obsolete dualism of natural and positive law”, is unlawful, and the attempts themselves to “combine” in the general concept of positive law and natural law are untenable ( Polyakov A.V. Jurisprudence, 2000).

The problem of the relationship between positive and natural law, and at the same time attempts to “combine” them with each other and define on their basis a general, “synthesized” concept of law, are far from new. They have occupied the minds of researchers for centuries. However, a satisfactory answer to the questions of what law is and whether it is possible at all to define its general concept by combining the main features of positive and natural law has not been found.

Law is a complex social phenomenon, as it reflects a variety of economic, political and social relations.

The concept of "right" can be used in several senses. In a legal sense, we can distinguish:

Objective law;

subjective law

objective law is a system of obligatory, formally defined legal norms established and provided by the state, and aimed at regulating social relations.

subjective law- it is a measure of legally possible behavior designed to satisfy a person's own interests.

If objective law is legal norms expressed in various forms, then subjective law is those specific legal possibilities that arise on the basis and within objective law.

Law is understood in an objective and subjective sense

v objective law is a set of norms that regulate important relations in society and for the violation of which the state exacts.

As an objective phenomenon, objective law has the following qualities:

1 .Vsobshchnosti, ie it establishes a common order for all;

2 .General obligation, that is, it extends its effect to all, without exception, subjects located on the territory of a given state;

3 .The ability to determine the scope of legal freedom of participants in public relations and, first of all, the freedom to choose a course of action within the limits established by law;

4 .Stabilizer of public relations, law and order in society and a means of protecting legal relations.

v subjective law- this is a specific right of a certain person (physical or legal), that is, the ability fixed by law to act in a certain way and demand certain actions (or refraining from actions) from other persons.
According to the method of protection, absolute and relative subjective rights are distinguished.

Under an absolute right, the owner may demand specific actions from an indefinite wide range of persons (for example, the author of the work);

When relative, the claims of the owner of a subjective right can only be addressed to a specific person (for example, the rights of a creditor in relation to a debtor).

Subjective law is characterized by:

1. The totality of the cash rights of a particular subject of public relations;

2. Determination of the measure of the possible and necessary behavior of the subject;

3. Occurrence as a result of a legal relationship as its content;

4. Protection and protection by the State

There is a close relationship between subjective and objective law: objective law serves as a strong support, foundation for subjective law, and subjective law is the result of the implementation of objective law. Objective law precedes the emergence of subjective law and serves as a criterion for evaluating the behavior or actions of a person.

Essence of law- this is the main, internal, relatively stable qualitative basis of law, which reflects its true nature and significance in society.

™ Law has a general social essence, serves the interests of all people without exception, ensures organization, orderliness, stability and development of social ties. When people enter into relations with each other as subjects of law, this means that they have the authority of society and the state behind them, and they can act freely without fear of adverse social consequences.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, the right is not just a freedom guaranteed from encroachment, a protected freedom. Thanks to the law, good becomes the norm of life, evil is a violation of this norm.

The essence of law is the main, basic content, expressed in its external manifestation. "

There are several approaches to studying the essence of law:

Class;

general social;

Religious;

National and others.

In the class approach, law is defined as a system of legal norms expressing the state will of the economically dominant class erected in law, while law is used in the interests of the ruling class.

With a general social approach, law is used for broader purposes, as a means of securing and actually ensuring human rights and freedoms, democracy.

With a religious approach, the interests of religion dominate laws and by-laws, legal customs and other normative documents.

Any person encounters the term "law" in their daily life and can use it in a wide variety of semantic shades and meanings.

In the legal literature, there are various definitions of the concept of "law". You can bring one of them.

Law is a system of generally binding, formally defined norms, provided by the state and aimed at regulating the behavior of people in accordance with the foundations of socio-economic, political and spiritual life accepted in a given society. (Marchenko M.N.)

Law is a system of obligatory, formally defined norms that combines class and public interests, established and provided by the state, aimed at regulating social relations. (Malko A.V.)

Law is a special, official, state regulator of social relations. This is its main purpose. Regulating certain relations, it thereby gives them a legal form, as a result of which these relations acquire a new quality and a special form - they become legal. In comparison with other public regulators, law is the most effective, authoritatively coercive and, at the same time, civilized regulator. This is an essential attribute of any statehood. Legal relations can be defined in the most general sense as social relations regulated by law.

Law is not a creator, but only a regulator and stabilizer of social relations. “The law itself does not create anything, but only authorizes social relations ... Legislation only records, expresses economic needs.” There are legal relations that exist only as legal and cannot exist in any other capacity.

For example, constitutional, administrative, procedural, criminal, etc. It is precisely such legal relations in form and content, i.e. in its “pure form”, they represent a truly independent type and type of social relations. Only in this sense can we say that law creates, "creates" social relations, giving rise to new connections.

Law regulates far from everything, and only the most fundamental relations that are essential for the interests of the state, society, the normal life of people, these are, first of all, relations of property, power, socio-economic structure, rights and obligations of citizens, ensuring order, labor, property, family and marriage relations, etc. The rest are either not regulated by law at all (the spheres of morality, friendship, comradeship, customs, traditions), or are partially regulated (for example, in addition to material rights, there are purely personal ones in the family).

All public relations can be divided into three groups: 1) regulated by law, acting as legal; 2) not regulated by law, having no legal form; 3) partially adjustable. In the latter case, it must be borne in mind that not every relationship can be subject to legal regulation, and in many cases the need does not arise.

The essence of law.

The essence is the main thing, the main thing in the object under consideration, and therefore its clarification is of particular value in the process of cognition.

Law is built on three pillars. This is morality, the state, the economy. Law arises on the basis of morality as a method of regulation different from it; the state betrays him officiality, guarantees, strength; the economy is the main subject of regulation, the root cause of the emergence of law, because this is the area where morality has found its inconsistency as a regulator. Morality, the state, the economy are the external conditions that brought the right to life as a new social phenomenon. In law and through law, freedom is fixed and brought to every person, to every organization.

Law has a general social essence, serves the interests of all people without exception, ensures organization, orderliness, stability and development of social ties. When people enter into relations with each other as subjects of law, this means that they have the authority of society and the state behind them, and they can act freely without fear of adverse social consequences.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, the right is not just freedom, but freedom guaranteed from infringement, protected freedom. Thanks to the law, good becomes the norm of life, evil - a violation of this norm.

Law, like the state, is a product of social development. Legally, it takes shape in a state-organized society as the main regulatory regulator of social relations. The customs, moral and religious norms of primitive society fade into the background, giving way to the legal regulation of social relations. Views on law, its origin, place and role in the regulatory system have changed with the development of society itself, the maturity of scientific legal thought, all kinds of objective and subjective factors.

Despite the inconsistency and difference of scientific ideas about law, all these teachings have a number of common provisions:

Law is a social phenomenon, without which the existence of a civilized society is impossible;

Law in the normative form should reflect the requirements of universal justice, serve the interests of society as a whole, and not its individual classes or social groups, take into account the individual interests and needs of the individual as the fundamental foundation of society;

The right to private property is the basis of all human rights;

Law is a measure of behavior established and protected by the state.

The most common view of law is that it is a norm of freedom. Such an understanding of law proceeds from the assertion that society is characterized by freedom to the same extent as nature is characterized by necessity. “Law is a set of norms, on the one hand, providing, and on the other hand, restricting the external freedom of persons in their mutual relations,” wrote Trubetskoy.

Kant defined law as a set of conditions under which the arbitrariness of one can be consistent with the arbitrariness of another according to the common rule of freedom for them. Objecting to Kant, Korkunov noted that the definition of law as a norm of freedom in relation to positive, historically developing law requires clarification. Legal norms in one way or another limit the freedom of a person, establishing a measure of satisfaction of his interests, which are related to the interests of other persons. By delimiting these interests, the law thereby establishes the limits of their implementation and, consequently, limits the freedom of a person in this respect.

Hegel wrote that the basis of law, its necessary point is free will, the world of the spirit, generated by itself as a kind of second nature. Our contemporaries also come to the conclusion that in public life the freedom of a person acts as his right, that is, freedom regulated by legal means.

Solidarity concept of law.

At the heart of the solidarity direction or the social concept of law (L. Duguit) is the idea of solidarity, that is, cooperation in the exercise of power of various social strata and groups participating in political life. According to this theory, each member of society must be aware of his social function established by law, imbued with the idea of the need to perform certain actions that ensure the solidarity of all members of society. Law acts as a spokesman for this solidarity, an instrument that protects the "common interests" of all groups.

Thus, the social concept of law, considering the essence of law, presents it as a means of achieving social harmony. It is aimed at finding legal means to help eliminate possible social conflicts, ensure order in society, stability and sustainability of the social system itself. This implies consideration of law not in isolation, but along with other elements of social reality - economics, politics, morality - in their functional interdependence and interdependence. Hence the emphasis on the social functions of law in society, for example, as a means of eliminating possible social conflicts, solving other social problems, and the distribution mechanism in economic processes. In other words, there is an orientation of the right to social, general democratic values.

The social concept of law substantiates the need to study law in its relationship with other elements of the social system. However, the role of law is often allowed to be reassessed, since it is placed above economic relations.

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Introduction…………………………………………………………………………...3

Chapter. The concept of law: signs, purpose, functions………………………5

1.1. The concept of law in the objective and subjective sense…………………6

1.2. Law as a regulator of social relations………………………...7

1.3. The essence of law…………………………………………………………………9

1.4. Signs of law……………………………………………………………..9

1.5. Assignment of the right…………………………………………………………………………………………………12

1.6. Functions of law……………………………………………………………….13

Conclusion………………………………………………………………………… 15

References……………………………………………………….………..17

Introduction

Trying to understand what law is and what is its role in the life of society, even Roman lawyers paid attention to the fact that it is not limited to any one sense. Law, wrote one of them, is used in at least two senses.

First, law means that which is "always just and good," that is, natural law.

Secondly, law is that which "is useful to all or many in any state, what is civil law."

Law is a social phenomenon, it is a side, a "part" of society.

In domestic legal history, there is a complex evolution of law. Over time, ideas about law, theory and concept have changed. At the end of the XIX - beginning of the XX century. legal scholars associated the predominantly coercive influence of the state, awareness of dependence on power, etc. with law. In the 20s of the XX century. an understanding of law as a social relation, as an actual legal order is being formed, which reflected the creation of a new socialist law. In the 1930s and 1940s, a normative definition of law was developed, which turned out to be very stable. But in the 1950s, broader ideas about law developed again, in which, in addition to norms, legal relations and legal consciousness were also distinguished.

A radical change in the social system in our country in the 90s leads to a change in views on law. On the one hand, scientific developments in the field of philosophy of law are expanding, when, along with positive law, the principles of natural law are more sharply distinguished and a distinction is made between law and law. On the other hand, the former normative concept of law is preserved and enriched.

Law is legal views and positions that express social interests and are enshrined in a system of generally binding principles and rules of conduct established by the state and international structures and regulating social relations, provided by the state and institutions of civil society and the world community.

The purpose of this work is a theoretical study of the issue. To achieve the goal, it is necessary to solve the following tasks:

· reveal the system of legal relations existing in the society;

determine the essence and content of law.

1. The concept of law: features, purpose, functions

Law, like the state, is one of the most complex social phenomena. In everyday life, people understand law as generally binding rules of conduct established and sanctioned by the state in the form of laws, decrees, etc.

Law is not exhausted by formal characteristics, although in a specifically legal sense law is determined by these characteristics; these are legal texts formulated by the authorities and containing legal norms.

Law has deep roots in culture, both world and national spiritual history of the people.

Law has natural connections with such institutions as humanism, human rights, social justice, which are the objects of scientific and socio-political discussions. Therefore, the idea of law, its essence, value, methods of implementation can be both general and specific historical; these legal relations are set by the direction and meaning of each stage of the life of society.

Law is the state regulator. It regulates relations between people with the correspondingly embodied will of society. Therefore, unlike other social regulators, the right of a given society can be only one, it is one and the same with the state. Law is the only normative, the regulatory impact of which, on relations between people, entails certain legal consequences for their participants.

Law is a system of obligatory, formally defined norms that express the state will of society, conditioned by economic, spiritual and other conditions of life, its universal and class character; are issued and sanctioned by the state in certain forms and protected from violations, along with measures of education and coercion; are the regulator of social relations.

Law is a system of regulation of social relations, conditioned by the nature of man and society and expressing the freedom of the individual, which is characterized by normativity, formal certainty in official sources and provision with the possibility of state coercion.

1.1. The concept of law in the objective and subjective sense

In modern legal science, the term "law" is used in several meanings. Firstly, the right is called the legal claims of people, for example, “the right of a person to life”, “the right of peoples to self-determination”. These claims are due to the nature of man and society and are considered natural rights.

Second, law refers to a system of legal norms. This is a right in an objective sense, because the rules of law are created and act independently of the will of individuals.

Thirdly, the named term denotes officially recognized opportunities that an individual or legal entity, organization has. “Citizens have the right to work, rest, health protection, property”, etc., organizations have the rights to property, to activities in a certain area of state and public life. In all these cases, we are talking about the subjective sense of law, i.e. about the right belonging to an individual - the subject of law.

Fourthly, the term "law" is used to refer to a system of all legal phenomena, including natural law, law in an objective and subjective sense. Here it is synonymous with "system of law". For example, Anglo-Saxon law, Romano-Germanic law, national legal systems.

The term "law" is also used in a non-legal sense. There are moral rights, the right of members of public associations, parties, unions, rights arising on the basis of customs. Therefore, it is especially important to give a precise definition of the concept of law, to establish the signs and properties that distinguish it from other social regulators. In legal science, many definitions of law have been developed, which differ depending on what exactly in legal phenomena is taken as the main, the most essential. In such cases, we are talking about the definition of the essence of law. Law has natural connections with the economy, politics, morality, and especially deep connections with the state. All these connections, one way or another, are expressed in its signs. It is necessary to distinguish between signs and properties. Signs characterize law as a concept, properties - as a real phenomenon. Signs and properties are in correspondence, i.e. properties are reflected and expressed in the concept of law as its features. Philosophers, not without reason, assert that "any phenomenon of reality has an innumerable set of properties." Therefore, the concept includes features that reflect the most significant of its properties. Fundamentally different is the approach when the general social essence and purpose of law is recognized, when it is regarded as an expression of a compromise between classes, various social strata of society. In the most developed legal systems (Anglo-Saxon, Romano-Germanic law), priority is given to a person, his freedom, interests, needs.

1.2. Law as a regulator of social relations

1.3. Essence of law

The essence is the main thing, the main thing in the object under consideration, and therefore its clarification is of particular value in the process of cognition.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, the right is not just freedom, but freedom guaranteed from infringement, protected freedom. Thanks to the law, good becomes the norm of life, evil - a violation of this norm.

1.4. signs of law

Signs of law characterize it as a specific system of social relations.

1) normativity. Law has a normative character, which makes it related to other forms of social regulation - normativity, customs. The right that each person or legal entity has is not arbitrarily measured and determined in accordance with applicable regulations. In some doctrines of law, the sign of normativity is recognized as dominant and law is defined as a system of legal norms. With this approach, the rights of an individual or legal entity turn out to be just the result of the operation of norms and, as it were, are imposed on them from the outside. In fact, the opposite relationship takes place: as a result of the repeated repetition of any behavior options, the corresponding rules are formed. Knowledge of the established rules makes it easier for a person to choose the right decision regarding how he should act in a given life situation. The value of the property under consideration lies in the fact that “normativity expresses the need to establish normative principles in social relations related to ensuring the orderliness of social life, the protected status of an autonomous person, his rights and freedom of behavior.” The norms of law should be considered as a “working tool”, with the help of which human freedom is ensured and the social antipode of law, arbitrariness and lawlessness, is overcome.

2) formal certainty. Assumes the fixing of legal norms in any sources. The rules of law are formally fixed in laws and other normative acts, which are subject to a uniform interpretation. In law, formal certainty is achieved by the official publication of court decisions, recognized as samples that are mandatory when considering similar legal cases. In customary law, it is provided by the formula of the law that authorizes the application of custom, or by the text of a court decision made on the basis of custom.

Based on the norms of law and individual legal decisions, the subjective rights, duties, and responsibilities of citizens and organizations are clearly and unambiguously defined.

3) hierarchy of the norms of law, their subordination: the norms of law have different legal force, for example, constitutional norms have the highest legal force, they cannot contradict the norms of another level.

4) the intellectual-volitional nature of law. The right is a manifestation of the will and consciousness of people. The intellectual side of law is that it is a form of reflection of social patterns and social relations - the subject of legal regulation. The law reflects and expresses the needs, goals and interests of society, individuals and organizations. The formation and functioning of law as an expression of freedom, justice and reason are possible only in a society in which all individuals have economic, political and spiritual freedom.

The volitional beginning of law must be considered in several aspects. First, the content of law is based on the social and legal claims of individuals, their organizations and social groups, and their will is expressed in these claims. Secondly, the state recognition of these claims is carried out through the will of the competent state bodies. Thirdly, the regulating effect of law is possible only with the “participation” of the consciousness and will of persons who implement legal norms.

5) security with the possibility of state coercion. State coercion is a factor that made it possible to clearly distinguish between right and duty, i.e. sphere of personal freedom and its limits. State coercion is a specific sign of law that distinguishes it from other forms of social regulation: morality, customs, corporate norms. The state, which has a monopoly on the exercise of coercion, is a necessary external factor in the existence and functioning of law. Historically, law arose and developed in cooperation with the state, initially performing a protective function. It is the state that gives the law highly valuable properties: stability, strict certainty and security of the “future”, which, according to their characteristics, become, as it were, part of the existing.

Summing up the above signs, law can be defined as a system of generally binding, formally defined normative guidelines that regulate social relations and come from the state, secured for implementation by coercion from the state.

1.5. Purpose of law

The purpose of law is formulated in legal science in two aspects. According to the first aspect, the purpose of law is to express the interests of the ruling class (stratum, groups), to embody the will of the economically dominant class, to serve as a means of suppression, violence against other classes.

In accordance with the second aspect, the purpose of law is to serve as a means of compromise, to remove contradictions in society, to be a tool for managing the affairs of society. Hence, law is interpreted as a means of consent, concessions. This does not mean that law is not connected with coercion, but it is not coercion that comes to the fore in the legal resolution of problems, but the achievement of agreement and compromise.

In real life, law performs tasks of a dual nature: on the one hand, it acts as an instrument of political domination, and on the other hand, as an instrument of general social regulation, a means of establishing order in society. Therefore, we can conclude that the main purpose of law is to ensure order in society, taking into account the interests of different strata and groups by reaching agreement and compromise.

1.6. Functions of Law

The functions of law are understood as the main directions of legal influence on social relations arising from its content and purpose.

There are two main functions of law - regulatory and protective.

Regulatory - streamlining social relations by fixing the relevant social relations and orders (static regulatory function; for example, fixing the owner's powers to own, use and dispose of things) and ensure the active behavior of certain subjects (dynamic regulatory function; for example, imposing the obligation to pay taxes );

· protective - the establishment of measures of legal protection and legal responsibility, the procedure for their imposition and execution.

In addition to these, the law performs some additional functions. These include educational, ideological, informational, etc.

The educational function consists in the impact of the right on the will, consciousness of people, educating them in respect for the law;

· the ideological function is to introduce into the life of society the ideas of humanism, the priority of human rights and freedoms, democracy;

The information function allows people to be informed about the requirements that the state imposes on the behavior of an individual, to report on those objects that are protected by the state, about what actions and actions are recognized as socially useful or, on the contrary, contrary to the interests of society.

Conclusion

Summarizing the above, we can say that the definition of law contains in a "folded" form many of the characteristic features of this institution. Law - a set of rules of conduct established by the state power as the power of the ruling class in society, as well as the customs and rules of the hostel, sanctioned by the state power and enforced with the help of the state apparatus in order to protect, consolidate and develop social relations and procedures that are beneficial and pleasing the ruling class.

So, the main purpose of law is to be a powerful social and normative regulator, a determinant of the possible and mandatory behavior of individuals and their collective formations. Moreover, the obligation of law, unlike other social regulators, is ensured by the possibility of state coercion, legal provisions become for those to whom they relate, a generally binding rule of conduct.

In recent years, there have been many changes in all spheres of our lives, which have put state institutions and the legal system to the test.

Modern law is not just changing, it is becoming more extensive, covering previously unknown relationships. Modern legal systems and regulatory arrays are quite complex. Therefore, both internal legal contradictions within each of the legal systems and external contradictions between them are inevitable. Contact, interaction of legal systems, their mutual influence covers all layers of each of them. What is common is that legal contradictions are expressed in different legal understandings, in the clash of legal acts, in the illegal actions of state, interstate and public structures, in claims and actions to change the existing legal order.

Therefore, one of the tasks of modern law, as a regulator of social relations, is the formation of conflict of laws.

Bibliography

1. Vengerov A.B. Theory of State and Law: Textbook for Law Schools. - M.: Jurisprudence, 2000.

2. Morozova L.A. Fundamentals of State and Law: A Handbook for Applicants to Law Schools. - M.: Jurist, 2000.

3. Nersesyants V.S. Philosophy of law. Textbook for high schools. - M., In-fra-M-Norma, 1997.

4. Theory of state and law. Course of lectures / Ed. M.N. Marchenko. - M., 1996.

It is the value regulator of social relations. Law as a normative regulator of social relations

The essence of law.

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1.6. Functions of Law

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It is the value regulator of social relations. Law as a normative regulator of social relations

The essence of law.

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1.6. Functions of Law

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