Many jurists, realizing their knowledge theoretically and practically, derive various concepts on exciting issues. And the concept of "public order" is often interfaced with other similar terms. Specialists determine the boundaries between them and their close characteristics.
Two basic concepts
They decided to interpret the very definition of "law". In turn, on the basis of them the aspects characterizing the rule of law are formed:
- content;
- implementation;
- functions.
The concepts themselves are as follows:
- Law is a sublime, but abstract idea of justice, freedom, the formation of morals and humanity. This concept turns out to be rather vague and unstable. Government regulations and laws may not be respected. The main principle is not to violate certain views and beliefs.
- Law is clearly grounded legal criteria. Their source is public authority. They display designated values. Therefore, a strict order and stability is being formed in society.
Many experts adhere to the second definition. Since for all the distinguishing features in the interpretation of law, in the end, everything comes to the establishment of standards. Although in practice both concepts are interfaced and do not conflict with each other.
Types of order
There are two definitions that relate as a component and a single. These are the concepts of law and order and public order. Moreover, the second term is somewhat wider than the first.
The rule of law is attached to the right. The social analogue implies the safety of all the norms that are implemented in society.
The designated concepts do not coincide only partially. The second term is based on the first. Indeed, the law consolidates and protects many significant relationships. For instance:
- property;
- political mechanism;
- personality positions;
- socio-economic system;
- labor;
- administrative.
The legal range is wide. Beyond its borders, relations are positioned that do not need legal regulation. Examples:
- moral and ethical;
- romantic
- friendly.
The rule of law mainly implements the tasks of the state. However, its conservation is of interest to all citizens.
Distinctive features of terms
The concept of "public order" and its legal counterpart differ on the following points:
- Nature. The first is formed along with the emergence and formation of society. It becomes its component and condition of life. The second arises as a political and legal option much later, with the formation of public authority. This is a state component.
- Regulatory framework. The rule of law is based on law and its implementation. Public appearance is a consequence of maintaining all norms.
- Ways of providing. The support of the first is a special coercive mechanism. And the second is repelled by the strength of opinion in society and measures of non-state influence. The first is covered by state power. The second is social impact.
- Punishment. Violators of the rule of law are subject to legal sanctions, and public - to additional moral measures.
Relationships of the Three Definitions
To the previously identified concepts in this matter, legality is added. They have a close relationship, but lack identity.
The correlation of concepts - "legality", "rule of law", "public order" - is revealed in a causal interaction.
Law is the forerunner of law and order. Between them there is a strong causal contact. With the rule of law, the rule of law is also maintained. If the first is not, then the second is also absent.
Distinctive features in their content are formed on the basis of such factors:
- elements;
- carriers (that does not contradict legal criteria);
- the composition of the entities entrusted with the duty to maintain the stipulated norms;
- range of requirements that are mandatory for implementation.
Changing these paragraphs determines the scope and content of the rule of law in certain conditions. Depending on them, its significance in a particular society may vary.
The concept of "public order" should not be delimited from them. It is an important link in maintaining the rule of law.
Russia has a solid practice of involving society in this task. Examples of this are:
- unions;
- national teams;
- friendly judicial organizations.
All of them have made a huge contribution to preserving the rule of law and strengthening discipline in work collectives. Their work bore fruit in places of public importance and areas of residence.
However, at present, such traditions are disappearing. And human consciousness is more saturated with the views of individualism.
Broad and narrow meanings
The constitutional concepts of "public order" and "public safety" do not have a unified interpretation.
Their doctrinal analysis highlights two important aspects:
- Public order has two meanings. The first is related to social and political structures. The second concerns administrative and organizational spheres.
- The concept of “public order” is firmly connected with the extended classifications of the political system and the control algorithm.
In a broad sense, order systematizes all social relationships, taking into account the current Constitution and other laws. Moreover, the political regime of the country is not important.
The following components are included here:
- current state order;
- principles of control;
- administrative and organizational structure.
In the narrow sense, a set of norms is approved by the state. They regulate the actions of citizens:
- at work and beyond;
- in public areas;
- in hotels, own apartments and houses;
- at the location of friends, family or relatives.
Defense of Order in the First Meaning
This implies the presence of protection and execution at the highest level.
The concept of "policing" in Russia is expressed in the work:
- the president;
- courts (Constitutional, Supreme, Arbitration);
- Federal Assembly;
- Attorney General.
When national security is at stake, the head of the Russian Federation can attract the necessary resources for defense. As a rule, these are special services.
The protection of order in the second interpretation
Administrative and organizational structure involves the involvement of local structures to protect order. The forces of supervisory departments, units of the Russian Ministry of Internal Affairs are involved.
Each of them manages its territory (region, city, village, etc.). Branching takes place on the ground (in areas, districts, etc.).
Crime and Punishment
The concept of "violation of public order" is revealed as ignoring the rules of legal and non-legal significance. Moreover, an individual citizen or citizens infringes on the rights and freedoms of other members of society.
It is possible to bring such persons to responsibility when they commit actions reflected in regulatory documents.
Punishments may be:
- Disciplinary. Often applied to violators of labor discipline: drunkards, brawlers, brawlers, etc.
- Administrative. It is used for petty hooliganism, domestic showdowns, etc.
- Civil law. They are involved in damage to property, refusals from non-payment of penalties, etc.
- Criminal They are applied for violation of clauses of the corresponding code of the Russian Federation
