Norm-clause in Russian Legislation: Concept and Essence

Abstract

The author has made an attempt to expand knowledge about the specialization of legislation by studying the legal nature and essence of such a kind of legal prescription as a norm-clause. On the basis of a set of research methods and techniques, including dialectical, formal-legal approaches, the method of interpretation, the author puts forward a hypothesis about the possibility of positioning the norm-clause as an independent type of legal prescription, having an accessory character in relation to the basic rule of conduct, and aimed at supplementing and withdrawing in legal regulation. The author pointed out the essential features of the norm-clause, using the achievements of legal doctrine, analyzing the existing views on the legal technique of law-making and relying on examples of legislation and law enforcement practice. These signs make it possible to single out a norm-clause among other special legal norms, to establish its concretizing and detailing meaning, to determine its place among the methods and means of legal influence. As a result, the author's version of the definition of the norm-clause is proposed, which is presented as an accessory element of legal regulation applied in conjunction with the main legal establishment, supplementing, specifying its provision.