Щодо питання про ефективність застосування визначально-установчих норм у механізмах правового регулювання

The article is devoted to the problem of specialized legal norms as a necessary and important element of the mechanism of legal regulation. Their nature is determined, their common features are justified by any rule of law specific features of the group of norms are analyzed. According to the group of norms in the system of specialized norms are analyzed their place and role. The division of system-forming norms into species is substantiated, depending on their functional purpose. System-forming specialized norms determine and form a system of law and link its elements. This article is devoted to the problems of effectiveness of implementation of special type of rules of law - rules-objectives. The criteria of effectiveness of this category are analysed. It is proved that the determinant and setting norm fixes the most important and significant social needs and interests in a certain area of society. One of the features of legal regulation at the present stage is the expansion of the regulatory capabilities of the goals of law. The goal formulated in the determinant and setting norm acts as a direct factor inducing the addressees of this norm to the corresponding variant of lawful behavior. The decisive role of the norms of goals is that they act as a reference point, a standard of behavior for people and their groups. It is presumed that the absence in the text of any normative legal act of requirements containing determinant and setting norm indicates its defectiveness. It seems that the absence in the text of the law of normatively fixed goals and objectives, along with the absence of an indication of the subjects of legal relations, their rights and obligations, the absence of a mechanism for implementing the rule of law is a substantial defect in the law, leading to a gap in the legal regulation of a certain sphere of public relations, defined by this law and very significantly impedes its implementation, and therefore makes it ineffective. It is substantiated that the determinant and setting norm fixes the most important and significant social needs and interests in a certain sphere of a life of a society.