Norm-setting Activity of the State in the Interpretation of N.N. Alekseev

Abstract

The article analyzes the views of N.N. Alekseev on the normative activity of the state. The types of norms highlighted by the thinker, the criteria for distinguishing norms with conditional and unconditional obligation are considered, the value character of the interpretation of such a division inherent in the works of N.N. Alekseev of different years is emphasized. The elements (spheres) of norm-setting activity are investigated – the author’s interpretation by N.N. Alekseev of the subject of legal regulation, an assessment of such an interpretation is given. The differentiation of the normative and legal activities of the state is also considered.
N.N. Alekseev proceeds from the fact that the norm in the narrow sense of the word implies the consolidation of a certain obligation, whereas the legal establishment, which is not a norm (the thinker uses the concept of “attributive”), does not contain a duty, but provides the addressee with certain subjective rights. Such a distinction is made by the thinker in a number of works and proceeds from the need to substantiate the idea of law, the opposite of the idea of duty, the consistent differentiation of competence and legal obligation, objective and subjective law. The axiological and phenomenological character of N.N. Alekseev’s interpretation of the classification of norms, norm-setting and law-setting activities of the state is emphasized