ON THE ISSUE OF DEVIATIONS FROM DECLARATIVE NORMS

Abstract

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.